Terms of service

1. Overview and seller identity

Welcome to Gomitolo.com! This online store is operated by Bercon S.r.l., with registered office at Via Orzinuovi 10, 25125 Brescia (BS), Italy, VAT and tax code IT02419950981, registered with the Brescia Companies Register, REA no. BS-448493, tel. +39 030 3540164, email info@gomitolo.com (hereinafter "Gomitolo.com", "we" or the "Seller"). The site is built on the Shopify platform.

These Terms of Service, together with the policies they refer to (Shipping, Returns and refunds, Privacy), govern the use of the site and the sale of the products and services offered (the "Services"). "Customer" means anyone who browses or buys on the site. Where the Customer is a consumer, that is, a natural person acting for purposes unrelated to their trade or profession, the mandatory rules protecting consumers always apply, in particular the Italian Consumer Code (Legislative Decree 206/2005).

Please read these Terms carefully before completing a purchase. By placing your order you declare that you have read and accepted them.

2. Access and account

To buy you must be of legal age. To use the Services you may be asked to provide information such as your email address, billing, payment and shipping details. You declare that the information provided is truthful, up to date and complete, and you undertake to notify us promptly of any change. You may not enter false data or third-party data without authorisation.

You are responsible for keeping your account credentials secure and for the activity carried out through your account. You may not transfer your account to others.

3. Our products

We make every effort to represent our products as accurately as possible. Please note that colours may look different on screen depending on your device and its settings; in addition, for yarns, colours may vary between different dye lots. The essential characteristics of each product are indicated on its product page.

We may discontinue a product and limit the quantities that can be purchased, without prejudice to orders already confirmed.

4. Orders and conclusion of the contract

The presentation of products on the site is an invitation to make a purchase offer. By placing your order you submit an offer to buy; the contract is concluded when we send you the order confirmation by email to the address you gave us. We may refuse or cancel an order for legitimate reasons, such as product unavailability, an obvious price or description error, failed payment or suspected fraud, informing you and refunding anything you have already paid.

Each order has an identification number and is confirmed to you with a summary of the items, prices, shipping costs and total. We recommend that you keep the order confirmation and these Terms.

You may ask to cancel your order until it has been shipped, as set out in the Returns and refunds policy.

5. Prices and payment

Product prices are shown in euros and include VAT. Shipping costs, shown separately before you confirm the order, are borne by the Customer except for promotions or free-shipping thresholds. For shipments outside the European Union, duties, taxes and customs charges may be due and are borne by the Customer.

The price in force at the time the order is placed applies. Discounts and promotions may be subject to specific conditions, which prevail over these Terms to the extent they apply.

You can pay with the methods shown at checkout. Card details are transmitted directly to the payment service provider and are never accessible to Gomitolo.com. You declare that you are authorised to use the chosen payment method and, by placing the order, you authorise us and our payment service providers to charge the selected method for the total amount of the order. The order is processed after the payment has been successfully completed.

The billing details you provide (including, where required, tax code, VAT number and recipient code or certified email) must be correct and complete: we are not liable for errors in tax documents caused by inaccurate data you have provided.

6. Shipping and delivery

Costs, couriers and indicative delivery times are described in the Shipping policy; free collection at our shop in Brescia is also available. Unless otherwise agreed, we deliver within 30 days of the conclusion of the contract; the times indicated are estimates and may vary for reasons beyond our control (for example courier delays, customs procedures, force majeure).

On delivery we invite you to check that the parcel is intact and matches your order, reporting any damage or discrepancy immediately. For consumers, the risk of loss of or damage to the goods passes when you, or a third party you have designated other than the courier, take physical possession of them.

7. Right of withdrawal and returns

If you are a consumer, you have the right to withdraw from the contract within 14 days of receiving the goods, without having to give any reason (Articles 52 et seq. of the Consumer Code). To exercise it, notify us of your decision with an explicit statement, for example by writing to info@gomitolo.com or on WhatsApp at (+39) 378 302 5390, stating your order number. You may use the model withdrawal form of the Consumer Code, but it is not mandatory.

You must return the goods within 14 days of notifying your withdrawal, intact and in the condition in which you received them, with their labels and original packaging. The direct costs of returning the goods are borne by you, except where the product is faulty, damaged or different from the one ordered, in which case the costs are borne by us. We will refund the price of the products and the standard delivery costs within 14 days of being informed of the withdrawal, using the same payment method you used, and we may withhold the refund until we have received the goods back or evidence that you have sent them back. If the goods have been used beyond what is necessary to establish their nature and how they work, the refund may be reduced by the diminished value.

The right of withdrawal does not apply, among other things, to made-to-measure or clearly personalised goods and to the digital content referred to in section 8. Instructions, return address and further details are in the Returns and refunds policy.

8. Digital products

Some products are digital content (for example patterns, tutorials and magazines in PDF format) supplied by download or online access. For these products, if you expressly consent to the start of the download or access before the 14-day period expires and acknowledge that you thereby lose the right of withdrawal, the right of withdrawal can no longer be exercised once performance has begun. The Customer may use digital content for personal use only and may not reproduce, share or resell it.

9. Legal guarantee of conformity

Goods sold to consumers are covered for 24 months from delivery by the legal guarantee of conformity provided for in Articles 128 et seq. of the Consumer Code: in the event of a lack of conformity you are entitled, in the cases and within the terms provided by law, to have conformity restored, to a price reduction or to termination of the contract. To assert your rights write to info@gomitolo.com with your order number and, if possible, some photos. Nothing in these Terms limits your statutory rights.

10. Complaints and support

To report delivery problems, order errors or other complaints write to info@gomitolo.com; for technical problems with your order or payment write to assistenza@gomitolo.com. If you have been delivered a product different from the one you ordered, you are entitled to a replacement, with return and re-shipping costs borne by us.

11. Intellectual property

Trademarks, logos, texts, images, graphics, videos, patterns, and the selection and arrangement of the content of the Services are the property of Gomitolo.com, its licensors or their respective owners and are protected by copyright and industrial property law. Personal, non-commercial use is permitted; you may not reproduce, distribute, modify, republish or commercially exploit any content without our prior written consent. The name, logo and trademarks of Shopify and of third parties belong to their respective owners.

12. Optional tools and third-party links

The Services may include tools, features and links to sites provided by third parties, which we do not control. Their use is subject to the terms of the respective providers; we invite you to read them before use. We reserve the right to introduce new features, which will be subject to these Terms.

13. Relationship with Shopify

The site is hosted and supported by Shopify. All sales are concluded directly between you and Gomitolo.com; Shopify is not a party to the sales contract and is not liable for the Seller's obligations, without prejudice to the responsibilities that the law attributes to it.

14. Privacy and personal data

Personal data is processed in accordance with our Privacy policy. Because the site is hosted by Shopify, some data is also collected and processed by Shopify, in accordance with its privacy policy, and may be transferred to countries other than yours.

15. User-submitted content

If you post or send us reviews, comments, suggestions or other content ("Content"), you grant us a non-exclusive, royalty-free licence to use, reproduce and publish it on the site and in our communications, to the extent permitted by law. You declare that you hold the rights to it, that it does not infringe third-party rights and that it is not unlawful, defamatory, offensive or containing viruses. We may remove Content that does not comply with these Terms.

16. Errors, inaccuracies and omissions

Despite our utmost care, descriptions, prices, availability and shipping costs may contain errors or omissions. We reserve the right to correct them and, in the case of an obvious error, to cancel the order, informing you and refunding what you have paid.

17. Prohibited uses

You may use the site for lawful purposes only. For example, you may not: violate laws or third-party rights; transmit false information or harmful content, viruses or malware; send spam, attempt phishing or collect other people's personal data; circumvent security measures; reproduce, extract or resell parts of the Services; use robots, scrapers or automated systems for access and data collection without our authorisation. In the event of a breach we may suspend or close your account, in a proportionate manner and after informing you, without prejudice to orders already confirmed and to your statutory rights.

18. Agents

18.1 This section ("Agent Terms") applies if you use, permit, enable or cause the deployment of an Agent to access, use or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous actions on behalf of or on the instructions of any natural or legal person and that may run on behalf of or using a person's device, without direct supervision.

18.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements of section 18.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.

18.3 We may limit, including through technical measures, whether and how any Agent accesses, uses and interacts with the Services.

18.4 Agents must: (a) in all HTTP/HTTPS requests, identify that the request comes from an Agent and state the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (b) not conceal or obscure the fact that any access, use or interaction comes from an Agent, for example (i) by imitating human behaviour and interaction patterns or (ii) by completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (c) answer truthfully any question or prompt intended to determine whether the interactions come from a human or a computer; (d) not circumvent or otherwise evade any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

19. Liability

To the extent permitted by law, we are not liable for interruptions or malfunctions of the site due to causes not attributable to us, nor for force majeure events, delays by couriers or payment systems. We are not liable for the unlawful use of payment instruments by third parties, because we have no access to card data.

Nothing in these Terms excludes or limits our liability for wilful misconduct or gross negligence, for death or personal injury, or the rights that the law mandatorily grants to consumers, including the legal guarantee of conformity.

20. General provisions

If any provision of these Terms is held to be void or unenforceable, the others remain valid. Our failure to exercise a right does not constitute a waiver. For anything not provided for, the provisions of law apply, in particular the Civil Code and the Consumer Code. You may not assign the contract without our consent; we may assign it to another company in our group or to a successor, without reducing your rights. Section headings are indicative only.

21. Governing law and jurisdiction

These Terms and the sales contracts concluded through the site are governed by Italian law. For disputes with consumers, the court of the consumer's place of residence or domicile has mandatory jurisdiction. For Customers who are not consumers, the Court of Brescia has exclusive jurisdiction.

22. Electronic communications and language

By using the Services or placing an order, you agree to receive from us, electronically (email, account notices or postings on the site), communications relating to orders, accounts, purchases, returns and these Terms. You are responsible for keeping your contact details up to date. The contract is concluded in Italian; if these Terms are made available in other languages, in the event of any discrepancy the Italian version prevails, unless mandatory provisions of law provide otherwise.

23. Changes to the Terms

We may change these Terms for legal, operational or commercial reasons by publishing the new version on this page. Orders already confirmed remain governed by the Terms in force at the time the order was placed.

24. Contact

For questions about these Terms write to info@gomitolo.com.

BERCON S.R.L.
Via Orzinuovi 10, 25125 Brescia (BS), Italy
Tel. +39 030 3540164
VAT and tax code IT02419950981 · REA BS-448493
Email: info@gomitolo.com