Cancellation Policy

This Cancellation Policy is issued by GASPA S.R.L MACCHINE, operating under the trade name GASPA MACCHINE, with registered office at Z.I. Predda Niedda Strada 30, 07100 Sassari (SS), Italy, VAT number IT 03006910909, ATECO code 47.52.40. GASPA MACCHINE is a dealership specializing in the sale of new and used agricultural and construction machinery, including tractors, mini-excavators, tandem rollers, telehandlers, mechanical loaders, and earthmoving machinery.

This policy governs all cancellation, withdrawal, and refund rights for purchases made through the website gaspa-macchine.com and applies to sales made to the following countries:

The policy is distinguished based on the timing of the cancellation (before shipping, during transport, after delivery) and the category of the buyer (private consumer or professional/business). Each situation is governed separately in the following sections.

All consumers resident in the European Union who make a distance purchase (online, by telephone, or by mail order) have the right to withdraw from the sales contract without providing any reason, within a period of 14 calendar days from the date on which they physically took possession of the purchased machine. This right is guaranteed by EU Directive 2011/83/EU on consumer rights, implemented in Italy by Legislative Decree 21/2014 which amended Legislative Decree 206/2005 (Consumer Code).

The 14-day period to exercise the right of withdrawal begins:

• For machines: from the day on which the consumer, or a third party designated by them (other than the carrier), takes physical possession of the delivered machine.
• In case of an order with multiple deliveries: from the day on which the consumer takes possession of the last component or accessory covered by the contract.
• In the absence of information on withdrawal: if GASPA MACCHINE does not provide the information required by law regarding the right of withdrawal, the period is automatically extended to 12 months from the delivery date.

In compliance with EU Directive 2011/83/EU and the Italian Consumer Code, GASPA MACCHINE is required to inform you, before the conclusion of the contract, of the following elements relating to withdrawal:

• The existence of the right of withdrawal and the conditions for exercising it.
• The period within which the right of withdrawal can be exercised.
• The procedures to follow to exercise the withdrawal (including the availability of the standard form).
• An indication of who is required to bear the costs of returning the machine.
• The consumer's possible obligation to pay for the depreciation of the machine in case of use beyond normal inspection.

If you wish to cancel your order before the machine has been shipped, the process is simple and completely free of charge. GASPA MACCHINE generally processes and ships orders within 1–2 business days of payment confirmation; it is therefore essential to act promptly to prevent the machine from already being handed over to the carrier.

1. Contact customer service immediately Send an urgent communication to info@gaspa-macchine.com or call us at +39 377 390 1146 (Monday–Saturday, 09:00–18:00 CET). State the order number, your full name, and the explicit request for cancellation. The more promptly you contact us, the greater the likelihood of stopping the shipment before the machine is entrusted to the carrier.
2. Order status verification by us We will immediately check the status of the order in our system. If the machine has not yet been delivered to the carrier, we will proceed with the cancellation of the order at no additional cost to you.
3. Cancellation confirmation We will send you a written confirmation of order cancellation via email within the business day following your request.
4. Full refund The refund of the entire amount paid (machine price + shipping costs) will be processed within 14 days of the cancellation confirmation, using the same payment method used for the purchase. There are no cancellation fees.

If the machine has already been delivered to the carrier and is in transit to you, the situation is more complex than a pre-shipment cancellation. In this case, it is generally not possible to stop the transport immediately, but you can still exercise your right of cancellation by following the procedure described below.

You can refuse to accept delivery of the machine at the time the carrier arrives for delivery. In this case:

• Inform the courier that you refuse delivery, indicating "return to sender" on the transport documentation.
• Notify us immediately of the refusal via email at info@gaspa-macchine.com, indicating the order number and the reason for refusal.
• The machine will be returned to GASPA MACCHINE at the carrier's expense, subject to the possibility that some return transport costs may be charged to the buyer (see Section 8).
• The refund of the machine price will be processed within 14 days of receipt of the same at our premises, minus any return costs borne by you.

If you prefer to accept delivery and then start the formal withdrawal procedure (within 14 days following delivery), you can send written communication of withdrawal to info@gaspa-macchine.com even while the machine is still in transit. However, the 14-day period will begin to run from the day of actual delivery.

Once the machine is received, you have 14 calendar days to communicate your intention to withdraw from the contract, without having to provide any reason. The period begins from the day you take physical possession of the machine.

1. Step 1 – Send the withdrawal communication (within 14 days of delivery) Notify your decision to withdraw from the contract by sending a clear and unequivocal written communication to info@gaspa-macchine.com, or by using the standard withdrawal form available in Section 10 of this policy. It is sufficient to send the communication within the 14-day period: it is not necessary for the machine to be returned by that date. The 14-day period is respected if the notification is sent before its expiry.
2. Step 2 – Confirmation of your communication by us You will receive written confirmation from us of the receipt of your withdrawal communication within 2 business days. We will provide you with logistical instructions for returning the machine and a reference for the refund process.
3. Step 3 – Return of the machine (within 14 days of the withdrawal communication) After communicating the withdrawal, you have 14 additional days to return the machine to GASPA MACCHINE at our premises at Z.I. Predda Niedda Strada 30, 07100 Sassari (SS), Italy. The machine must be returned in the same condition in which it was received, with all accessories and original documentation included at the time of delivery. The deadline is met if the machine is entrusted to the carrier by the fourteenth day.
4. Step 4 – Inspection of the returned machine Upon arrival of the machine at our premises, our technical staff will carry out an inspection to check the condition of the machine and ascertain any use beyond normal inspection. The outcome of this check will determine the refund amount (see Section 9).
5. Step 5 – Refund We will proceed with the refund within 14 days of receipt of the returned machine at our premises, or from the date on which you provided us with proof of having delivered the machine to the carrier for return, whichever is earlier. The refund is made using the same payment method used for the original purchase, at no additional cost to you (except for return costs and any reduction for use).

The 14-day right of withdrawal provided for by EU Directive 2011/83/EU and the Italian Consumer Code does not apply in the following situations, pursuant to art. 59 of the Legislative Decree. 206/2005:

• Custom-configured or personalized machines: if the machine has been modified, outfitted, or configured according to the buyer's technical specifications (e.g., installation of specific accessories, painting on request, structural adaptations) before delivery, the right of withdrawal lapses because the good was made based on the consumer's specific instructions.
• Machines with breached seals or safety features: if the machine has undergone technical interventions, disassembly of components, or opening of factory seals by the buyer after delivery, the right of withdrawal cannot be exercised in relation to the components concerned.
• Professional buyers (B2B): the 14-day right of withdrawal does not apply to purchases made as part of a professional, entrepreneurial, or commercial activity. B2B sales are governed by Section 12 of this policy.

• Operational use of the machine: if after delivery you have used the machine to perform actual work (earthmoving, agricultural work, construction sites, etc.) and not just to inspect it as you would have done in a physical dealership, the refund could be reduced in proportion to the decrease in value caused by the use (see Section 9).
• Missing documents and accessories: returning without the original technical documentation (manual, CE certificate, keys, accessories indicated in the listing) could affect the refund amount.
• Damage caused by the buyer after delivery: any physical, mechanical, or structural damage caused by the buyer to the machine after delivery will be deducted from the refund.

Once the withdrawal procedure is completed and the condition of the returned machine is verified, GASPA MACCHINE will proceed with the refund according to the methods and timing described below, in accordance with the provisions of art. 56 of the Legislative Decree. 206/2005.

• Maximum term: the refund will be processed within 14 calendar days from the date of receipt of the returned machine at our premises, or from the date on which you provided us with documentary proof of return to the carrier, whichever is earlier.
• Pre-shipment cancellation: in case of cancellation before the machine has been shipped, the refund takes place within 14 days of the cancellation confirmation.
• No refund penalty: GASPA MACCHINE does not apply commissions, penalties, or administrative costs for processing the refund.

The refund is always made via the same payment method used for the original purchase:

• Credit or debit card: the amount will be credited to your account within 5–10 business days of processing, depending on the technical timing of the issuing financial institution.
• Bank transfer: for purchases made via bank transfer, the refund will be made via transfer to the original bank account of the payment. It may be necessary to provide us with the IBAN bank details for the re-credit.
• PayPal or other digital payment methods: the refund is made directly to the account used for payment.

• In case of valid withdrawal: the original shipping costs (from us to you) are refunded to the extent of the cheapest standard shipping option available, even if you chose a faster or more expensive option at the time of the order.
• Return costs: the costs of returning the machine by you to GASPA MACCHINE are borne by the buyer, as clearly indicated before purchase. See Section 8 for all details.
• Withdrawal for lack of conformity: if the machine had a lack of conformity (see Warranty Policy), all transport costs, both outbound and return, are borne by GASPA MACCHINE.

Returning large agricultural and construction machinery requires specific logistical planning. Unlike small products, tractors, excavators, telehandlers, and earthmoving machinery require specialized transport. All practical aspects of the return are summarized below.

Pursuant to art. 57 of Legislative Decree 206/2005, the direct costs of returning the machine are borne by the buyer, as GASPA MACCHINE communicated this information clearly before the conclusion of the contract. The only exceptions are as follows:

• Withdrawal for lack of conformity (warranty): all transport costs are borne by GASPA MACCHINE.
• Machine not matching description: if the machine received does not match the model, year, or technical specifications stated in the listing, the return costs are borne by us.
• Delivery error: if we have delivered a machine different from the one ordered, the costs of return and new delivery are entirely borne by GASPA MACCHINE.

To organize the return of a machine, we recommend proceeding as follows:

• Request a logistical quote: before organizing the return independently, contact our support service. In some cases, thanks to our agreements with specialized carriers, we can offer you more advantageous transport rates than market rates, even when return costs are borne by you.
• Transport insurance: the machine must be adequately insured during the return transport. The risk for the machine during the return transport is borne by the buyer until confirmed receipt at our premises.
• Shipping documentation: keep all shipping documentation (delivery note, tracking number, carrier receipt) as proof of compliance with the 14-day return deadline.
• Condition of the machine at pickup: the machine must be delivered to the carrier in the same condition in which it was received, adequately protected for transport, with all original accessories and documentation.

Pursuant to art. 57, paragraph 2, of Legislative Decree 206/2005 (Consumer Code), the consumer who exercises the right of withdrawal is responsible for the decrease in value of the machine resulting from handling or use of the same beyond what is necessary to establish its nature, characteristics, and functioning.

After delivery, the consumer has the right to examine the machine in the same way they could by visiting a physical dealership. In practice, the following are allowed:

• Full visual inspection of the exterior and interior of the machine.
• Starting the engine to check its operation.
• Checking the operation of the main controls (arm, bucket, lift) with the machine stationary or with minimal movements without load.
• Checking the presence of all accessories and documents.
• Checking the odometer or hour meter.

The following use constitutes use beyond normal inspection, and therefore generates liability for the decrease in value:

• Use of the machine for actual work: earthmoving, excavation, lifting loads, actual agricultural work.
• Traveling significant distances on the road or in the field with the machine.
• Use of the machine on a construction site, in the field, or on owned land for a prolonged period.
• Modifications, technical interventions, or disassembly of components.
• Removal of stickers, identification plates, or manufacturer's seals.

In case of use beyond normal inspection, GASPA MACCHINE will calculate the decrease in value based on the following objective and documentable criteria:

• Change in the hour meter or odometer between delivery and return.
• Condition of tires, arms, buckets, and components subject to wear from operational use.
• Presence of dirt, wear, or damage consistent with actual work use.
• Comparative technical assessment of the market value of the machine in the two conditions.

The calculated decrease in value will be deducted from the refund amount. We will provide you with clear and transparent written documentation of the calculation made.

Pursuant to Annex I, Part B, of EU Directive 2011/83/EU, the consumer may use the following standard form to exercise the right of withdrawal. It is not mandatory to use this form: any clear and unequivocal written communication expressing your will to withdraw from the contract is sufficient. However, using the standard form facilitates the management of your request by our team.

The following table summarizes the national rules applicable to the right of cancellation and withdrawal in each of the countries to which GASPA MACCHINE ships. Unless otherwise indicated, all EU countries apply the minimum 14-day withdrawal period provided for by Directive 2011/83/EU.

The 14-day right of withdrawal provided by European regulations for consumer protection does not apply to purchases made in the context of a professional, business, craft, or commercial activity. When a party purchases machinery from GASPA MACCHINE acting in the exercise of their professional activity, the relationship is qualified as a contract between professionals (B2B) and not as a contract with a consumer.

A purchase is qualified as professional (B2B) when:

• The buyer provides a VAT number or business registration number for invoicing purposes.
• The purchase is made for the purposes of a business, agricultural, construction, rental, or other commercial activity.
• The machinery is intended to be used in the context of a professional activity and not for personal or family use.

For B2B purchases, cancellation and return terms are governed by the specific sales contract and by the provisions of the Italian Civil Code (articles 1490–1496 regarding warranty for defects in sales between professionals). In the absence of a specific contractual agreement:

• Pre-shipment cancellation: it is possible to request order cancellation before shipment, but GASPA MACCHINE reserves the right to apply a penalty for handling costs incurred, to be agreed on a case-by-case basis.
• Post-delivery return: in the absence of a legal right of withdrawal, post-delivery return requires written agreement with GASPA MACCHINE and is subject to bilaterally agreed terms.
• Defects and non-conformity: warranty rights for defects provided by the Italian Civil Code for B2B sales remain applicable regardless of the exclusion of consumer withdrawal.

Before initiating any formal procedure, we invite you to contact us directly. Our goal is to resolve any dispute quickly, fairly, and without resorting to formal procedures that may be costly and lengthy for both parties.

Any complaint relating to cancellations, withdrawals, or refunds must be sent to info@gaspa-macchine.com. We undertake to respond within 5 business days and to propose a concrete solution within 15 business days from receipt of the complete complaint with all necessary documentation.

• European ODR platform: ec.europa.eu/consumers/odr – available to all EU consumers.
• Civil mediation: pursuant to Legislative Decree 28/2010, before bringing a case before the judicial authority in Italy, the parties may resort to a mediation body accredited by the Ministry of Justice.
• Consumer arbitration: in their respective countries of residence, consumers may use the national ADR bodies indicated in Section 11 of this policy.

In the event of a dispute not resolved out of court, the competent court is the Court of Sassari (registered office of GASPA S.R.L MACCHINE), unless the legislation of the consumer's country of residence provides for the exclusive jurisdiction of the consumer's court, in which case the latter provision applies. The law applicable to the contract is Italian law, subject to the mandatory consumer protection rules of the consumer's country of residence, where more favorable.