Complaints and Dispute Resolution

This Complaints and Dispute Resolution Policy is issued by GASPA S.R.L MACCHINE, trading as GASPA MACCHINE, with registered and operational 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 online and distance sale of new and used agricultural and construction machinery. Our catalog includes: agricultural tractors, mini-excavators, earthmoving machinery, tandem compaction rollers, telescopic handlers (telehandlers), wheel loaders, and other construction equipment from JCB and other leading manufacturers. All purchases are made through the official e-commerce website gaspa-macchine.com, managed via the WooCommerce platform on WordPress.

This policy applies to all purchases made through our website and governs customer rights in the event of a complaint, dispute, or controversy relating to an order, delivery, the condition of a machine, a refund, or any other aspect of the commercial relationship with GASPA MACCHINE. We operate with deliveries to 10 European countries:

This policy complies with Legislative Decree No. 206/2005 (Consumer Code), Legislative Decree No. 130/2015 (transposing EU Directive 2013/11 on ADR for consumers), EU Regulation No. 524/2013 on online dispute resolution (ODR), as well as consumer protection regulations in force in each destination country. The most favorable provisions for the consumer under the law of the purchaser's country of residence always apply in priority over these general terms and conditions.

GASPA MACCHINE has established a clear and accessible internal procedure for handling any complaint. We invite you to follow the steps outlined below to ensure that your complaint is registered, reviewed, and resolved as quickly as possible. No pre-printed form is required: a written communication via email or a phone call is sufficient to initiate the process.

1. Step 1 – Contact GASPA MACCHINE customer service Send a written communication to info@gaspa-macchine.com or call us at +39 377 390 1146 (Monday–Saturday, 09:00–18:00 CET). For faster processing of your complaint, we recommend using written communication via email so that you have a record of all correspondence.
2. Step 2 – Provide details of your complaint Your communication must include: (a) the order number or purchase reference; (b) the name and model of the machine purchased; (c) a precise and detailed description of the problem encountered; (d) the date on which the problem occurred or was discovered; (e) the type of solution you are requesting (refund, repair, replacement, price reduction, or other). The more complete the information provided, the faster our response will be.
3. Step 3 – Attach supporting documentation To facilitate verification of the complaint, we ask you to attach, where available: photographs or videos documenting the defect or damage; a copy of the purchase invoice or order confirmation; the transport document signed at the time of delivery; any previous communications with our customer service regarding the same issue. In the case of delivery damage, it is essential that the defect was noted on the transport document at the time of receipt, before signing to the carrier.
4. Step 4 – Receive the complaint reference number Within 2 working days of receiving your communication, we will send you written confirmation containing the internal complaint reference number (support ticket), the name of the person handling the case, and the indicative timeframe for resolution. Keep this reference number for any subsequent communications.
5. Step 5 – Investigation and evaluation of the complaint Our technical and commercial team will review the documentation provided within 5 working days of receiving the complete file. During this phase, we may contact you to request additional information, supplementary photographic documentation, or to arrange a remote inspection via video call with our specialized technician, if the problem requires it.
6. Step 6 – Communication of the proposed solution At the end of the investigation, we will communicate in writing the outcome of the evaluation and the proposed solution (repair, replacement, price reduction, refund, or other measure). In the event of partial acceptance or rejection of the complaint, we will provide a detailed and clear explanation. You will then have the option to accept the proposed solution or proceed with the alternative remedies described in subsequent sections of this policy.

GASPA MACCHINE formally commits to respecting the following response times for all complaints received through official channels. These commitments apply during working days (Monday–Saturday, excluding Italian public holidays) and run from the time of receipt of the complete complaint communication.

If the complexity of the complaint requires evaluation times longer than those indicated (for example, for complaints requiring external technical assessments or involvement of the original manufacturer), we will promptly inform you of the updated expected timeframe, with written justification. In no case will the total response time from the complaint date to the solution proposal exceed 30 calendar days, in accordance with the maximum term provided by Article 141-ter of Legislative Decree 206/2005 (Consumer Code).

Before resorting to any formal dispute resolution procedure (mediation, arbitration, ADR, ODR, or judicial recourse), we always invite you to contact us directly to explore an amicable and friendly solution. GASPA MACCHINE considers direct resolution the preferred route, in the mutual interest of both parties.

• It is the fastest solution: most complaints are resolved directly within a few working days, without waiting for formal procedure timelines.
• It is the most flexible solution: we can propose customized remedies that formal procedures do not always allow, such as future discounts, component replacements, priority technical assistance, or other accommodations.
• It is the most economical solution: it involves no additional costs or legal expenses for either party.
• It does not prejudice your rights: attempting an amicable resolution does not cause you to lose the right to subsequently resort to formal ADR/ODR procedures or the courts, should the friendly resolution not succeed.

To initiate an amicable resolution, simply contact us through one of the following channels, clearly describing the problem and indicating your order number and desired solution:

• Email: info@gaspa-macchine.com — preferred channel for having a written record of all communication.
• Phone: +39 377 390 1146 — available Monday–Saturday, 09:00–18:00 CET.
• Registered mail: Z.I. Predda Niedda Strada 30, 07100 Sassari (SS), Italy — for formal communications requiring paper documentation.

If within 30 calendar days of initiating the amicable resolution attempt it has not been possible to reach a mutually satisfactory agreement, the customer has full right to proceed with alternative dispute resolution (ADR) procedures or the European ODR platform described in subsequent sections. Consumers resident in the European Union may at any time contact the ADR bodies in their country without this constituting a limitation on the right to bring the matter before the ordinary courts.

In the event of a complaint relating to a machine purchased from GASPA MACCHINE, the purchaser is entitled to the remedies provided by applicable law. The remedies are listed in the order of priority established by EU Directive 2019/771, transposed in Italy by Legislative Decree 170/2021. GASPA MACCHINE is committed to fully respecting this hierarchy.

The first remedy provided by law is free repair of the machine or defective component, to be carried out within a reasonable time without causing significant inconvenience to the purchaser. The repair involves no cost to the customer for replaced parts, labor, and round-trip transport of the machine, where necessary. The period of time during which the machine is stopped for warranty repair is not counted for the purpose of calculating the remaining duration of the legal warranty.

If repair is not possible, is excessively burdensome compared to replacement, or is not completed within a reasonable time, the purchaser may request replacement with an equivalent machine. The replacement machine must have technical characteristics and commercial value comparable to those of the machine originally purchased. The costs of delivering the replacement machine and returning the defective one are borne by GASPA MACCHINE.

If neither repair nor replacement is practicable or accepted, or if the defect persists after a first repair attempt, the purchaser has the right to request a reduction in the price paid proportional to the decrease in value of the machine caused by the unresolved defect. The reduction is calculated in a transparent and documented manner.

The purchaser has the right to contract termination and full refund of the price paid when:

• The defect is so serious as to render the machine unusable for the purpose for which it was purchased.
• GASPA MACCHINE has not completed the repair or replacement within a reasonable time.
• A previous repair or replacement attempt has not resolved the defect and a further attempt is not possible or acceptable.
• GASPA MACCHINE has declared or it is evident that the defect cannot be remedied.

In the event of contract termination, the return of the machine takes place at GASPA MACCHINE's expense (for recognized valid warranty claims), and the full refund of the price is credited using the same payment method used for the purchase within 14 calendar days of receipt of the machine at our premises or proof of shipment.

In addition to remedies for lack of conformity, private consumers purchasing from GASPA MACCHINE enjoy the right of withdrawal provided by European and Italian legislation on distance contracts. This right is distinct and independent from the legal warranty.

The consumer has the right to withdraw from the purchase contract within 14 calendar days from the date on which the machine was physically delivered and received, without having to provide any justification. This term is guaranteed by Legislative Decree 206/2005, Articles 52–58 (Consumer Code), which transposes EU Directive 2011/83/EU on consumer rights.

GASPA MACCHINE offers a 14-day return policy in compliance with legal requirements.

To validly exercise the right of withdrawal, the returned machine must meet the following conditions:

• Be in the same condition in which it was delivered, without modifications, unauthorized interventions, or deterioration not due to ordinary inspection.
• Be accompanied by all accessories, technical documentation, keys, manuals, and equipment provided at the time of sale.
• Be accompanied by the original invoice or a copy of the order confirmation.
• Not have traveled more than 100 km or accumulated more than 50 hours of use for testing purposes. Use exceeding these limits constitutes actual use and not mere inspection, which may affect the refund.

To exercise the right of withdrawal, simply send a clear and unequivocal written communication to info@gaspa-macchine.com within 14 days of delivery. No specific form is required, but the communication must indicate: the customer's name and surname, the order number, the machine purchased, and the intention to withdraw from the contract. Withdrawal is considered exercised in a timely manner if the communication is sent before the deadline expires, even if not yet received.

Following valid exercise of the right of withdrawal, GASPA MACCHINE refunds the entire purchase price paid within 14 calendar days of receipt of the returned machine at our premises (Z.I. Predda Niedda Strada 30, 07100 Sassari) or the customer's communication that the machine has been shipped, if earlier. The refund is credited using the same payment method used for the original purchase, without applying fees.

• Return costs: the transport costs for returning the machine are borne by the customer, as indicated in our Returns and Refunds Policy. No restocking fees or penalties are applied.
• Decrease in value: GASPA MACCHINE reserves the right to deduct from the refund an amount corresponding to the decrease in value of the machine if it is significantly deteriorated or used beyond the permitted inspection limits, in a proportional and documented manner.

Pursuant to EU Regulation No. 524/2013 of the European Parliament and of the Council on online dispute resolution (Online Dispute Resolution – ODR) and in compliance with the information obligation provided by Article 14 of the same Regulation, GASPA MACCHINE informs all consumers resident in the European Union of the existence of the European Commission's ODR platform.

The European ODR platform is a free online tool, managed directly by the European Commission, that allows EU consumers and traders to resolve disputes relating to online purchases in an out-of-court, fast, and low-cost manner. The platform is accessible at the following address:

In accordance with the obligation under Article 14, paragraph 2, of EU Regulation 524/2013, the reference email address of GASPA MACCHINE for disputes handled through the ODR platform is:

• The consumer accesses the ODR platform, completes the online complaint form, and submits it; the platform automatically transmits the complaint to the seller.
• The parties have 30 days to agree on an alternative dispute resolution (ADR) body from those accredited by the platform.
• Once the ADR body is chosen, the procedure takes place entirely online and generally concludes within 90 days.
• The service is free or at very low cost for the consumer.
• Participation in the ODR procedure does not prejudice the consumer's right to subsequently bring the matter before the ordinary courts.

Alternative Dispute Resolution (ADR – Alternative Dispute Resolution) includes all out-of-court procedures that allow a dispute between consumer and seller to be resolved without resorting to the ordinary courts. In Italy and throughout the European Union, ADR is governed by EU Directive 2013/11/EU, transposed in Italy by Legislative Decree No. 130/2015.

• Cost-effectiveness: ADR procedures are generally free or have very low costs for the consumer.
• Speed: ADR procedures generally conclude within 90 days, compared to the much longer times of judicial proceedings.
• Simplicity: mandatory legal assistance is not required, although it is always possible to be assisted by a lawyer or consumer association.
• Independence: ADR bodies are impartial and independent of both parties.
• Effectiveness: ADR body decisions are often binding or voluntarily accepted by the parties.

Italian consumers who are unable to reach a direct agreement with GASPA MACCHINE may use the following ADR procedures:

• Civil and commercial mediation pursuant to Legislative Decree No. 28/2010, through a mediation body registered in the Ministry of Justice register. Mediation aims to reach a voluntary agreement between the parties, facilitated by a professional and impartial mediator.
• Joint conciliation through consumer associations recognized by the National Council of Consumers and Users (CNCU) and trade associations of traders.
• Accredited sectoral ADR bodies with the Ministry of Enterprises and Made in Italy (MIMIT), in accordance with Legislative Decree. 130/2015.
• European ODR Platform described in Section 7 of this policy, for disputes arising from online purchases.

Italian consumers may also request assistance and guidance from the main recognized consumer associations in Italy, including:

• Altroconsumo – www.altroconsumo.it
• Codacons – www.codacons.it
• Adiconsum – www.adiconsum.it
• Federconsumatori – www.federconsumatori.it

Consumers resident in countries to which GASPA MACCHINE ships have the right to contact the national alternative dispute resolution bodies and consumer protection authorities competent in their country of residence. The following table summarizes the main references for each country.

In Italy, consumers enjoy enhanced protection under Legislative Decree 206/2005 (Consumer Code), as amended by Legislative Decree 170/2021. The legal warranty has a duration of 2 years from delivery, with a presumption of pre-existing defect for the first 12 months. In addition to the direct complaint procedure, Italian consumers may use mandatory mediation (for disputes exceeding certain thresholds), joint conciliation through consumer associations, and the European ODR platform. AGCM is the competent authority for unfair commercial practices.

In Austria, consumers are protected by the Konsumentenschutzgesetz (KSchG) and the Verbrauchergewährleistungsgesetz (VGG) which entered into force in 2022 implementing EU Directive 2019/771. The Schlichtung für Verbrauchergeschäfte offers a free online conciliation service. The Arbeiterkammer provides free legal advice to consumers. The presumption of pre-existing defect applies for the first 12 months from delivery.

In Finland, consumer protection is governed by the Kuluttajansuojalaki (Act 38/1978). Consumers may contact Kuluttajaneuvonta (Consumer Advice) free of charge for guidance and, in the event of no agreement, the Kuluttajariitalautakunta (Consumer Disputes Board) which issues binding recommendations. The procedures are completely free for consumers.

In France, the consumer benefits from the garantie légale de conformité (art. L217-1 et seq. of the Code de la Consommation) and the garantie des vices cachés (art. 1641 et seq. of the Code Civil). The warranty against hidden defects allows the consumer to take action within 2 years of the discovery of the defect, even if it existed prior to the sale. Every French seller or seller who sells to French consumers is required by law to indicate the contact details of their médiateur de la consommation. The French consumer can contact the indicated mediator at no additional cost.

In Germany, the legal warranty (gesetzliche Gewährleistung) is governed by the BGB, §§ 434–442, as amended by the Kaufrechtsumsetzungsgesetz of 2022. The Universalschlichtungsstelle des Bundes is responsible for e-commerce disputes not covered by other sectoral bodies. The presumption of the pre-existence of the defect applies for 12 months from delivery. German consumers can also contact the Verbraucherzentrale of their Land for free assistance.

In the Netherlands, the legal warranty is regulated by the Burgerlijk Wetboek (BW), Boek 7. De Geschillencommissie is the main ADR body for consumer disputes in the Netherlands and is accredited for various product sectors. Its decisions are binding on registered sellers, but non-registered sellers are also required to respect them if they have accepted the procedure. The ACM monitors compliance with consumer protection legislation.

In Poland, consumer protection is governed by the Ustawa o prawach konsumenta and the Kodeks cywilny. UOKiK is the national authority for competition and consumer protection and manages the arbitration courts (Stały Polubowny Sąd Konsumencki). Arbitration procedures are free for consumers and decisions are binding only if both parties accept them.

In Romania, consumer protection is regulated by OUG nr. 34/2014 on distance contracts and OUG nr. 140/2021 on the warranty of goods. The ANPC is the competent authority for consumer protection and receives reports and complaints online. Romanian consumers are entitled to a legal warranty of 2 years with a presumption of pre-existing defect for the first 12 months.

In Spain, the consumer enjoys particularly reinforced protection thanks to Real Decreto Legislativo 1/2007 (TRLGDCU), amended in 2021. The legal warranty for new goods has been extended to 3 years from delivery, with a presumption of pre-existence of the defect for the first 2 years. The Sistema Arbitral de Consumo is free for the consumer and binding for both parties if accepted. Spanish consumers can also submit complaints online through the OMIC (Oficinas Municipales de Información al Consumidor).

Switzerland is not a member of the European Union; however, it provides a legal warranty for defects governed by the Code of Obligations (CO), art. 197–210, with a duration of 2 years from delivery. Swiss consumers can contact the Konsumentenforum kf for assistance and advice, as well as the relevant sectoral ombudsman. The European ODR platform is not available to Swiss consumers, but equivalent national mechanisms exist.

In Italy, civil and commercial mediation is governed by Legislative Decree no. 28/2010 and subsequent amendments. This is an out-of-court procedure in which a professional and impartial mediator facilitates dialogue between the parties to help them reach a voluntary agreement. Mediation can be:

• Voluntary mediation: the parties freely decide to resort to mediation before proceeding to court. Both parties must agree to start the procedure.
• Mandatory mediation (condition of admissibility): in certain matters, such as disputes regarding sales contracts for registered movable property with a value exceeding certain thresholds, a mediation attempt is mandatory before going to court. In such cases, failure to mediate makes the judicial claim inadmissible.
• Delegated mediation: the judge may invite the parties to attempt mediation at any stage of the judicial proceedings.

To start a mediation procedure in Italy, the consumer (or GASPA MACCHINE) must submit a mediation request to a mediation body registered in the Ministry of Justice's register. The list of accredited bodies can be consulted at the following address: mediazione.giustizia.it. The application can also be submitted online for many bodies.

The procedure takes place as follows: submission of the mediation request → notification to the other party → first mediation meeting within 30 days → any subsequent sessions → agreement or declaration of failure to reach an agreement. The agreement reached in mediation, if signed by the parties' lawyers, has the value of an enforceable title.

For disputes with a value of up to 250 euros, the mediation fee is borne only by the applicant and amounts to zero euros if the counterparty does not join. For disputes of a higher value, costs vary based on the chosen body and the value of the dispute, but are generally significantly lower than the costs of judicial proceedings. Economically disadvantaged consumers can access legal aid at the State's expense even for mediation procedures.

In the event of a dispute that has not been resolved either amicably or through ADR/ODR procedures, the parties have the right to resort to the ordinary court. The rules on jurisdictional competence and the law applicable to sales contracts concluded via gaspa-macchine.com are set out below.

For contracts concluded with private consumers (natural persons purchasing outside of any professional activity), territorial competence is determined primarily by the law of the consumer's country of residence, where this provides for exclusive or mandatory competence in favor of the consumer's own court. In particular:

• Italian consumers: the competent court is that of the place of residence or domicile of the consumer at the time the contract was concluded, pursuant to art. 33 of Legislative Decree 206/2005 (Consumer Code).
• EU consumers (non-Italian): EU Regulation no. 1215/2012 (Brussels I bis) applies, under which the consumer can sue the seller either before the court of their own country of residence or before the court of the country where the seller is established (Court of Sassari).
• Swiss consumers: the rules on international competence of the Swiss Federal Act on Private International Law (PILA) apply.

For contracts concluded with professionals and businesses purchasing machinery in the exercise of their commercial or professional activity, the exclusive competent court for any dispute relating to the contract is the Court of Sassari (SS), Italy, the registered office of GASPA S.R.L MACCHINE. The parties may, however, agree in writing on a different court before the conclusion of the contract.

The law applicable to sales contracts concluded via gaspa-macchine.com is Italian law, subject to the following fundamental exceptions:

• Pursuant to EU Regulation no. 593/2008 (Rome I), the choice of Italian law cannot deprive consumers resident in the European Union of the mandatory protection provisions provided by the law of the country in which they reside, if such provisions are more favorable than Italian law.
• In practice, this means that a German consumer will benefit from the protections provided by the German BGB where these are more advantageous than the Italian ones, and so on for each country of residence of the buyers.
• For Swiss consumers, Italian legislation applies as the law of the seller, but the Swiss consumer retains the mandatory rights guaranteed by Swiss legislation.

The provisions relating to consumers provided for in the previous sections (in particular the 14-day right of withdrawal, free access to ADR, and the competence of the consumer's court) apply exclusively to natural persons purchasing outside of any commercial, craft, or professional activity. Contracts concluded with professionals, farms, construction companies, sole proprietorships, and other economic operators are subject to different conditions.

In sales contracts between businesses (B2B), the warranty for defects is governed by articles 1490–1496 of the Italian Civil Code. The professional buyer must report defects within 8 days of discovery (or delivery, if the defects were visible). The right to action for defects expires in one year from delivery for movable goods, except in cases of fraud by the seller.

In the event of a dispute between GASPA MACCHINE and a professional buyer, the resolution will follow the following path:

• Direct negotiation: as for consumers, the first step is always the attempt at amicable resolution through direct communication with our sales office (info@gaspa-macchine.com).
• Voluntary mediation: the parties may decide by mutual agreement to resort to civil mediation pursuant to Legislative Decree 28/2010, with free choice of the mediating body.
• Commercial arbitration: the parties may agree in writing to refer the dispute to an arbitrator or an arbitration panel, whose decision is binding on both parties.
• Ordinary court: in the absence of agreement on alternative routes, the dispute is referred to the Court of Sassari (SS), the exclusive competent court for B2B disputes as indicated in Section 11.

This policy has been drafted in accordance with the following current European and national regulations. The references indicated below are those active on the date of entry into force of this policy (June 12, 2026) and may be updated following legislative changes.

• EU Directive 2019/771 on the sale of goods and the legal warranty of conformity (transposed in all EU countries).
• EU Directive 2011/83/EU on consumer rights in distance contracts and contracts negotiated away from business premises.
• EU Directive 2013/11/EU on alternative dispute resolution for consumer disputes (ADR).
• EU Regulation no. 524/2013 on online dispute resolution for consumer disputes (ODR).
• EU Regulation no. 593/2008 (Rome I) on the law applicable to contractual obligations.
• EU Regulation no. 1215/2012 (Brussels I bis) on jurisdictional competence, recognition, and enforcement of judgments in civil and commercial matters.
• EU Regulation 2016/679 (GDPR) on the protection of personal data.

• Legislative Decree no. 206/2005 (Consumer Code) and subsequent amendments, including articles 49–67 on distance contracts, articles 128–135-octies on the legal warranty, and articles 141–141-decies on ADR.
• Legislative Decree no. 170/2021 transposing EU Directive 2019/771 on the sale of goods.
• Legislative Decree no. 130/2015 transposing EU Directive 2013/11/EU on ADR.
• Legislative Decree no. 28/2010 on civil and commercial mediation and subsequent amendments.
• Articles 1490–1496 of the Italian Civil Code on the warranty for defects in sales between businesses.
• Legislative Decree no. 196/2003 (Privacy Code) as amended by Legislative Decree 101/2018 adapting to the GDPR.
• Legislative Decree no. 70/2003 on electronic commerce, implementing EU Directive 2000/31/EC.

Beyond legal obligations, GASPA MACCHINE has chosen to adopt a set of voluntary principles and commitments that guide our approach to managing complaints and disputes. These commitments reflect our business philosophy and the respect we have for every single customer.

• Total transparency: every stage of the complaint management process is communicated to the customer in writing. We will never hide relevant information or use ambiguous language to limit your rights.
• Rapid and documented responses: every complaint receives a written response within the terms indicated in Section 3, with clear and documented reasons in case of partial rejection.
• No additional burden for warranty claims: all costs of appraisal, repair, transport, and replacement relating to warranty claims recognized as valid are borne by GASPA MACCHINE.
• Equal treatment: all customers, regardless of their country of residence, the purchase amount, or the number of orders placed, receive the same level of assistance and respect in complaint procedures.
• Confidentiality: personal and commercial information shared as part of a complaint is treated with the utmost confidentiality and is not disclosed to third parties unless strictly necessary for the purpose of resolving the dispute.
• Good faith in ADR procedures: we participate in good faith in any mediation or ADR procedure initiated against us and do not use dilatory or obstructionist tactics.
• Continuous improvement: every complaint received is analyzed as an opportunity for improvement. Customer feedback, even if negative, is valuable for improving the quality of our products, our descriptions, and our services.

To ensure maximum transparency on the condition of the machines sold, GASPA MACCHINE carries out a pre-delivery technical inspection on every machine before shipping. The condition of the machine at the time of shipping is documented with photographs and/or videos, which can be provided to the customer upon request. This allows us to distinguish with certainty any damage pre-existing the shipment from damage occurred during transport or in post-delivery use.