Product Availability & Stock Management

This Product Availability and Stock Management Policy is issued by GASPA S.R.L MACCHINE, trading as GASPA MACCHINE, with registered and operational headquarters at Z.I. Predda Niedda Strada 30, 07100 Sassari (SS), Italy, VAT number IT 03006910909, ATECO classification 47.52.40.

GASPA MACCHINE is a dealership specializing in the sale of new and used agricultural and construction machinery, including agricultural tractors, mini-excavators, earthmoving machinery, tandem rollers, telehandlers, and construction equipment from international brands such as JCB, New Holland, Case IH, Lamborghini Trattori, Massey Ferguson, Kubota, and others.

This policy comprehensively and transparently regulates how GASPA MACCHINE manages the availability of each product in its online catalog, updates stock, communicates changes to buyers, and ensures the accuracy of information published on the site gaspa-macchine.com. It applies to all buyers — private consumers, professionals, and businesses — who place an order through our site and reside in the following countries to which we ship:

The provisions contained in this policy comply with Legislative Decree no. 206/2005 (Consumer Code), Legislative Decree no. 170/2021, EU Directive 2011/83/EU on consumer rights, EU Directive 2019/771 on the sale of goods, and the national regulations in force in the delivery countries listed above.

GASPA MACCHINE manages a physical catalog of agricultural and construction machinery located at its yard and warehouse in Z.I. Predda Niedda Strada 30, 07100 Sassari. Each machine on the site corresponds to a real physical unit, inspected and documented before publication. Our inventory primarily consists of:

Our operations team manually updates the availability status of each machine within 24 working hours of any significant change (sale, receipt of a new unit, start of extraordinary maintenance). However, as we primarily deal with used machines with single-unit availability, rare situations may occur where a machine remains visible online for a very short period following its sale, before the update is published.

Each product sheet is created and managed manually by our technical staff, who enter information directly from the machine's physical documentation (logbook, engine hours, year of registration, maintenance history). We do not use automatic import systems for generic catalogs: each listing is specific to the individual unit for sale.

On each product page of the gaspa-macchine.com website, a status indicator is visible reflecting the current availability of the machine. The different possible statuses and their precise meaning are illustrated below:

In the event that the availability indicator does not correspond to what was verified by telephone or email with our team, please report it to us immediately at info@gaspa-macchine.com. We will refer exclusively to the availability confirmed in writing by our team, regardless of what is displayed on the site at the time of the order.

The fundamental peculiarity of the GASPA MACCHINE catalog is that the vast majority of the machines for sale are used and available as a single unit. Each used machine is a unique and unrepeatable specimen: once sold, it is not possible to offer an identical replacement with the same characteristics, the same year, the same brand, the same model, and the same maintenance history.

• No double sales: we adopt internal procedures to avoid the sale of the same unit to multiple buyers simultaneously. In case of parallel requests, the contract is finalized in favor of the first buyer who completes the payment and receives the written order confirmation.
• No equivalent replacement: in case of sudden unavailability of a used machine (e.g., damage during handling, termination of the contract in favor of a third party with right of first refusal), GASPA MACCHINE is unable to guarantee the supply of a replacement unit with identical characteristics. A full refund remains the priority remedy.
• "As-is" condition declared: for used machines sold in "as-is" condition, the product sheet contains a specific declaration describing the state of wear, engine hours, any known defects, and general conditions. Such information forms an integral part of the sales contract.
• Photographic documentation: each used machine in the catalog is accompanied by a series of real photographs of the specimen for sale. The images show the current state of the machine, not stock images of the model.

For new machines in the catalog, availability may be immediate (units in stock) or on order from the manufacturer or distributor. In the second case, the estimated waiting time is indicated on the product sheet and is always confirmed in writing before the order is finalized. Waiting times for new machines on order typically vary from 4 to 12 weeks, depending on the model and production availability.

GASPA MACCHINE is committed to ensuring that all information published in the product sheets is truthful, complete, not misleading, and updated, in full compliance with Art. 6 of EU Directive 2011/83/EU on consumer rights and Articles 48-49 of Legislative Decree 206/2005 (Italian Consumer Code).

• Make and model: manufacturer's name and official commercial designation of the model.
• Year of registration or production: the year indicated refers to the year of first registration or, where not available, the year of production declared by the manufacturer.
• Engine hours (or working hours): the hours recorded at the time of the pre-publication inspection. Since machines may continue to be used during the storage period, actual hours at the time of delivery may deviate slightly from those indicated.
• General condition and state of wear: detailed description of the mechanical, hydraulic, and aesthetic condition of the unit.
• Known defects: any defect or functional anomaly known at the time of publication is explicitly declared in the product sheet.
• Accessories and equipment included: list of any equipment, buckets, quick hiters, spare tires, or other accessories delivered with the machine.
• Available documentation: indication of the documents provided with the machine (logbook, user manual, CE certificate where applicable, maintenance history).
• Weight and dimensions: main technical data for transport and usage planning.

Information on the product sheets is provided based on the data available at the time of inspection. GASPA MACCHINE is not responsible for any errors resulting from incorrect information provided by the previous owner of the machine, provided it has adopted reasonable diligence in verification. In case of a significant discrepancy between what is declared and the real state of the machine, the customer is entitled to the remedies provided by applicable law.

All prices displayed in the GASPA MACCHINE online catalog are indicated in Euro (€) and include applicable VAT according to current Italian tax legislation, unless otherwise explicitly stated in the product sheet. The displayed price is binding and constitutes an offer to the public pursuant to Art. 1336 of the Italian Civil Code.

• Italian and EU private buyers: the price includes Italian VAT at 22% for standard agricultural machinery. For machines specifically classified as "agricultural machinery" pursuant to Legislative Decree 228/2001 and Art. 10, no. 21 of Presidential Decree 633/1972, the reduced VAT rate of 4% may apply.
• Professional buyers with EU VAT number (B2B): for intra-community purchases between VAT subjects, the applicable VAT regime is reverse charge. The customer must provide their valid community VAT number at the time of the order.
• Swiss buyers: Switzerland is not a member of the European Union. Exports to Switzerland are carried out under the Italian VAT exemption regime (Art. 8 of Presidential Decree 633/1972). Swiss customs duties, Swiss VAT (currently at 8.1%), and import costs are the sole responsibility of the buyer.

The price of a machine may be updated by GASPA MACCHINE at any time, without notice, until the order is transmitted by the customer. Once the order has been confirmed in writing by GASPA MACCHINE, the price is locked and cannot be unilaterally modified. In case of a manifest pricing error (e.g., price clearly inconsistent with the market value of the machine), GASPA MACCHINE reserves the right to cancel the order within 24 hours of confirmation, fully refunding any amount paid.

The price indicated in the product sheet does not include shipping and transport costs, which are calculated separately based on the dimensions and weight of the machine, the destination, and the carrier used. Shipping costs are communicated to the buyer before the order is finalized and must be explicitly accepted before payment.

The purchase process on gaspa-macchine.com is divided into two distinct phases: the transmission of the order by the customer and the confirmation of the order by GASPA MACCHINE. These two phases are not equivalent and produce different legal effects.

• Transmission of the order by the customer

  The customer completes the checkout process on the site, enters shipping data, chooses the payment method, and submits the order. In this phase, the customer receives an order receipt email (order receipt), which confirms that the order has been registered in our system. This email does not constitute acceptance of the order nor confirmation of the machine's availability.

• Internal availability verification

  Within 1 working day of receiving the order, our team physically verifies the availability of the machine, checks that the order data is correct, and calculates the final shipping costs for the indicated destination.

• Written order confirmation from GASPA MACCHINE

  The sales contract is finalized only upon the sending of the official order confirmation by GASPA MACCHINE via email. This email contains the final order number, the total price (including shipping costs), estimated delivery times, and payment instructions. Only with this communication is the machine formally reserved for the customer.

• Payment and start of preparation

  After receiving full payment, GASPA MACCHINE starts the preparation and pre-delivery testing procedures for the machine. The customer receives a notification with the estimated delivery date and details of the transport carrier.

Despite our efforts to keep the catalog updated, in exceptional cases it may happen that a machine is no longer available after the customer has transmitted their order. This may occur due to:

• Sale of the machine simultaneously through another channel (e.g., direct sale on-site) before the online order was verified.
• Accidental damage to the machine during internal handling operations in the period between the order and preparation.
• Identification of a serious defect not previously known during pre-delivery testing, such as to make the machine non-compliant with the published description.
• Seizure or unforeseen legal events relating to the machine.

In all the cases listed above, GASPA MACCHINE adopts the following mandatory procedure:

• Immediate notification: the customer is contacted within 24 working hours of the discovery of the unavailability, via email at the address provided at the time of the order and, where possible, also by telephone.
• Reason for unavailability: the communication clearly explains the reason why the machine is no longer available.
• Full refund: if the customer has already made a payment (total or partial), the full refund is processed within 14 working days of notification, using the same payment method used for the purchase, without any deduction or withholding.
• Alternative proposal (optional): where possible, GASPA MACCHINE may propose an alternative machine available in the catalog with similar characteristics to the customer. The customer is free to accept or reject the alternative proposal, without any obligation. Rejection of the alternative entitles the customer to a full refund without penalty.

GASPA MACCHINE uses carriers specialized in the transport of agricultural and construction machinery (exceptional transport, heavy loads on flatbeds) for deliveries throughout Europe. The delivery times indicated below are estimated and run from the date of confirmation of full payment.

The delivery times indicated are estimates based on the historical experience of our carriers. GASPA MACCHINE cannot guarantee compliance with estimated times in case of events beyond its control, including:

• Adverse weather conditions or exceptional atmospheric events.
• Strikes or interruptions of the transport service.
• Delays in customs operations (particularly for shipments to Switzerland).
• Traffic restrictions for exceptional transport in certain areas.

In case of significant delays (exceeding 5 working days beyond the estimated times), GASPA MACCHINE proactively notifies the customer and, if the delay exceeds 30 days, the consumer has the right to terminate the contract and obtain a full refund pursuant to Art. 61, paragraph 4, of the Legislative Decree. 206/2005.

GASPA MACCHINE applies a transparent return and refund policy, respecting all consumer rights provided by Italian and European Union legislation, with a return period of 14 calendar days from receipt of the machine and a refund processed within 14 working days of receipt of the returned machine.

In accordance with Articles 52–58 of Legislative Decree 206/2005 and Art. 9 of EU Directive 2011/83/EU, every private consumer who purchases through the gaspa-macchine.com website has the right to withdraw from the purchase contract within 14 calendar days from the date of delivery of the machine, without having to provide any reason.

• Commencement of the term: the 14-day period runs from the day on which the consumer (or a third party designated by them) acquires physical possession of the machine, as evidenced by the signed transport document.
• Methods of communicating withdrawal: the withdrawal must be communicated to GASPA MACCHINE before the expiry of the 14 days, by means of an explicit declaration sent to info@gaspa-macchine.com or via the contact form on the site. It is possible to use the standard withdrawal form attached to the general conditions of sale.
• Condition of the machine at the time of return: the machine must be returned in the same condition in which it was delivered, without additional damage beyond normal wear and tear. The consumer is responsible for any reduction in the value of the machine resulting from handling other than that necessary to establish its nature, characteristics, and functioning.
• Return costs: the costs of returning the machine are borne by the consumer, unless otherwise agreed in writing with GASPA MACCHINE. Due to the size and weight of the machines handled, the cost of return transport can be significant and the customer must take this into account before exercising the right of withdrawal.

GASPA MACCHINE processes the refund within 14 working days of receiving the returned machine at our Sassari headquarters. The refund includes:

• The purchase price of the machine.
• The original shipping costs incurred by the consumer at the time of purchase, limited to the cost of the cheapest standard shipping offered (in the event that the consumer chose a faster or more expensive delivery method, the cost difference is not refundable).

The refund is made using the same payment method used by the consumer for the original purchase, without any penalty or withholding, except for any value reduction applicable for damage attributable to the consumer.

The right of withdrawal does not apply in the following cases, pursuant to Art. 59 of the Legislative Decree: 206/2005:

• Machines purchased by professionists or businesses as part of their professional activity (B2B contracts), unless otherwise agreed in writing.
• Machines that have been modified, customized, or set up at the specific request of the customer after the conclusion of the contract.
• Machines that have suffered evident damage caused by improper use or non-compliance with operational instructions during the period of possession by the consumer.

Consumer rights relating to product availability, the right of withdrawal, and refunds vary based on the buyer's country of residence. Below are the main national provisions in force in the countries to which GASPA MACCHINE ships.

Switzerland is not a member of the European Union, and Swiss legislation does not provide for an automatic right of withdrawal for online purchases equivalent to that of EU Directive 2011/83/EU. However, GASPA MACCHINE voluntarily extends to its Swiss customers the possibility of returning the machine within 14 calendar days of delivery, under the same conditions provided for European Union consumers, upon written agreement to be formalized at the time of order confirmation.

In Spain, the Real Decreto Legislativo 1/2007 (TRLGDCU) provides that, in the event of a failure by the seller to respond to the withdrawal within the 14-day period, the seller may not demand payment of the return costs. GASPA MACCHINE undertakes to respond to every notice of withdrawal within 2 working days.

In France, the Code de la Consommation provides that the seller must reimburse the consumer within 14 days of the notice of withdrawal, even if the machine has not yet been returned, unless they choose to wait for the receipt of the goods or proof of shipment. GASPA MACCHINE adopts the procedure most favorable to the consumer and initiates the refund as soon as the machine or proof of shipment is received.

GASPA MACCHINE actively manages its online catalog to ensure that information is always up to date and that products no longer available are removed or updated promptly. Below we describe our internal operating procedures for managing the lifecycle of each listing.

• Each new machine is physically inspected by our technical team before publication.
• Technical information, actual photographs, and availability status are entered manually into the product sheet.
• The price is determined based on current market evaluation, the condition of the machine, and industry reference values.
• The product sheet is reviewed by a second operator before publication to reduce the risk of errors.

• Price variations are updated within 24 hours of the internal decision.
• Photographs are updated in case of significant changes to the state of the machine (e.g., repairs, painting, additional equipment).
• Availability status is modified in real time when a machine is put into processing or reserved by a customer.

• Sold machines are marked as "Not available / Sold" within 24 working hours of the signing of the sales contract.
• The product page is kept online in a deactivated state for a period of 30 days after the sale, for the sole purpose of preserving search engine indexing and providing historical information to visitors.
• It is not possible to add to the cart or order a machine marked as sold or unavailable.

GASPA MACCHINE is committed to maintaining proactive and timely communication with its customers regarding any significant variation in availability that may affect an ongoing order or a previously expressed interest.

• Order confirmation: sent within 1 working day of order transmission, indicating confirmed availability and estimated delivery times.
• Order status update: notification sent at the time of machine preparation, delivery to the carrier, and updated arrival date estimate.
• Delay notification: in case of a delay exceeding 5 working days compared to estimated times, the customer receives a proactive communication with the new estimated delivery deadline and the reasons for the delay.
• Unavailability notification: in case of sudden unavailability of a machine already ordered, as described in Section 8, the customer is notified within 24 working hours.

Customers interested in types of machines not currently present in the catalog can express their interest via the contact form on the site or by sending an email to info@gaspa-macchine.com. GASPA MACCHINE does not manage a formal waiting list system but is committed to proactively contacting customers who have expressed specific interest as soon as a machine matching the requested characteristics is acquired into the catalog.

GASPA MACCHINE reserves the right to apply certain purchase limitations to ensure the fairness of transactions, regulatory compliance, and the protection of all customers. The main applicable restrictions are listed below.

• Minimum age: to purchase a machine on gaspa-macchine.com, the age of majority (18 years) is required according to the regulations of the customer's country of residence.
• Correct and truthful data: the customer is required to provide accurate, complete, and updated information at the time of the order (name, delivery address, VAT number where applicable). GASPA MACCHINE reserves the right to cancel orders placed with clearly false or incomplete data.
• Legal capacity: the buyer must have full legal capacity to act to conclude the sales contract. Purchases made on behalf of legal entities (companies, organizations) must be authorized by the competent subject according to the internal rules of the organization.

• GASPA MACCHINE ships exclusively to the 10 countries listed in Section 1. Orders with a delivery address in other countries cannot be fulfilled.
• For Switzerland, the customer must be aware of the customs and tax obligations at their own expense, as detailed in Section 6 and Section 9.
• For some remote or difficult-to-access areas in the delivery countries (e.g., minor islands, isolated mountain areas), GASPA MACCHINE reserves the right to agree on alternative delivery methods or to charge additional transport costs, to be communicated to the customer prior to order confirmation.

GASPA MACCHINE may refuse or cancel an order in the following cases:

• Machine no longer available at the time of internal verification.
• Buyer data incomplete, unverifiable, or clearly incorrect.
• Impossibility of shipping to the indicated destination with available carriers.
• Founded suspicion of fraud or improper use of the online purchase service.
• Manifest price error in the product sheet (as described in Section 6).

In all cases of refusal or cancellation of the order by GASPA MACCHINE, any payment already made will be fully refunded within 14 working days, without penalty for the customer.

In the event of a dispute relating to the availability of a product, an order placed, or a refund requested, GASPA MACCHINE invites the customer to contact us in the first instance to find a direct and amicable solution. Our priority is your satisfaction, and we always try to resolve disputes quickly, fairly, and without resorting to formal procedures.

Contact our team at info@gaspa-macchine.com describing the problem in detail. We undertake to respond within 2 working days and to propose a concrete solution within 5 working days of your report.

If it is not possible to reach a direct agreement, consumers residing in the European Union have the right to use:

• European ODR Platform: for online disputes, accessible at ec.europa.eu/consumers/odr.
• National ADR bodies: each member country has accredited bodies. In Italy, it is possible to use mediation at bodies accredited by the Ministry of Justice pursuant to Legislative Decree 28/2010, or the Conciliatore BancaFinanza for disputes related to payments.
• Austria: Schlichtung für Verbrauchergeschäfte, verbraucherschlichtung.or.at.
• Germany: Universalschlichtungsstelle des Bundes, universalschlichtungsstelle.de.
• France: Médiateur de la consommation, accessible via the European ODR platform.
• Spain: Sistema Arbitral de Consumo, sac.mapa.gob.es.

For disputes not resolved alternatively, the competent court is that of the registered office of GASPA S.R.L MACCHINE, namely the Court of Sassari, unless the law of the consumer's country of residence provides for the exclusive jurisdiction of the consumer's own court, in which case the local regulation most favorable to the consumer prevails.

The law applicable to the sales contract is Italian law, without prejudice to the mandatory consumer protection provisions provided by the regulations of the buyer's country of residence, where more favorable.