ARTICLE 1 – GENERAL PROVISIONS
1. The user navigating in this area accesses Europlastik, accessible through the url: www.europlastik.it. Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 as amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
Company Europlastik srl
Headquarter: Via Fiumitello 5 – Atripalda (AV) 83042
VAT Number: 02669820645
PEC: europlastik@pec.it
3. The user is required, before accessing the products provided by the site, to read these General Terms and Conditions of Sale, which shall be deemed generally and unequivocally accepted at the time of purchase.
4. You are encouraged to download and print a copy of the purchase form and these General Terms and Conditions of Sale, the terms of which Europlastik reserves the right to change unilaterally and without notice.
5. It is possible to use the site and thus access and purchase products provided by it in the following languages:
Italian, English (English)
ARTICLE 2 – OBJECT
1. These General Terms and Conditions of Sale govern the offer, submission and acceptance of purchase orders for products on Europlastik and do not, however, govern the provision of services or the sale of products by parties other than the vendor that are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different parties, we suggest checking their terms and conditions.
ARTICLE 3 – CONCLUSION OF THE CONTRACT
1. To conclude the purchase contract, you will need to fill out the form electronically and submit it following the relevant instructions.
2. It contains a reference to the General Terms and Conditions of Sale, pictures of each product and its price, the means of payment that you can use, the mode of delivery of the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; how and when to return the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Right of Withdrawal and Personal Data Processing Notice.
4. The contract is concluded when the seller receives the form completed by the user, after checking that the data contained therein are correct.
5. The buyer will be obligated to pay the price from the moment the online order submission procedure is completed. This will be done by clicking on the “Conclude Order” button at the end of the wizard.
6. When the contract is concluded, the seller takes charge of the order for fulfillment.
ARTICLE 4 – REGISTERED USERS
1. In completing the registration procedures, you agree to follow the directions on the site and to provide your personal information correctly and truthfully.
2. Once registration has been made, the user will receive a confirmation email in the email provided by him/her. The confirmation must be communicated within a maximum of 5 days. After this period, in the absence of confirmation, Europlastik will be released from any commitment to the user.
3. Confirmation will in any case exempt Europlastik from any liability regarding the data provided by the user. The ‘user undertakes to promptly inform Europlastik of any changes in their data at all times communicated.
4. If the user then communicates inaccurate or incomplete data, or even in the event that there is a dispute by the parties concerned about the payments made, Europlastik will have the right not to activate or to suspend the service until the relevant shortcomings are remedied.
5. At the time of the first request for activation of a profile by the user, Europlastik will assign to the same user name and a password. The latter acknowledges that these identifiers constitute the system of validation of the user’s access to the Services and the only system suitable for identifying the user that the acts performed by means of such access will be attributed to him/her and will be binding on him/her.
6. The user undertakes to maintain the secrecy of his access data and to keep it with due care and diligence and not to transfer it even temporarily to third parties.
ARTICLE 5 – PRODUCT AVAILABILITY
1. Product availability refers to the actual availability at the time the buyer places the order. However, this availability should be considered purely indicative because, as a result of the simultaneous presence on the site of several users, the products could be sold to other customers before the confirmation of the order.
2. Even after the order confirmation e-mail is sent, cases of partial or total unavailability of goods may occur. In this eventuality, the order will be rectified automatically with the deletion of the unavailable product and the buyer will be immediately informed by e-mail.
3. If the buyer requests cancellation of the order, terminating the contract, Europlastik will refund the amount paid within 30 days from the time Europlastik became aware of the buyer’s decision to terminate the contract.
ARTICLE 6 – PRODUCTS OFFERED
1. Europlastik sells: Mosquito nets, blinds, shutters and related products.
2. The offer is detailed on our website at the link: www.shop.europlastik.it
ARTICLE 7 – TERMS OF PAYMENT AND PRICES
1. The price of the products shall be as stated from time to time on the site, except where there is an obvious error.
2. In the event of an error Europlastik will notify the buyer as soon as possible allowing confirmation of the order at the correct amount or cancellation. In any case, there will be no obligation on Europlastik to supply what is sold at the lower price erroneously quoted.
3. Site prices include VAT and do not include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the shopping cart. It will be sufficient to follow the purchase instructions, entering or verifying the required information at each step of the process. Order details may be changed before payment is made.
5. Payment can be made by:
PayPal, Credit Cards, Bank Transfer in Advance
ARTICLE 8 – DELIVERY
1. Europlastik makes shipments throughout Italy, excluding the state of Vatican City and the Republic of San Marino.
2. Europlastik will only make deliveries to the user’s address provided at the time of purchase.
3. Delivery is made, for the Italian territory, generally within 7 working days, or, if no delivery date is specified, within the estimated time at the time of selection of the delivery method and, in any case, within the maximum period of thirty days from the date of confirmation.
4. As for European Union countries, delivery will be made in 10 working days, and in any case, within the maximum period of thirty days.
5. In non-EU territories, delivery will be made in approximately 20 working days.
6. If delivery is not possible, the order will be sent to the warehouse. In such an event, a notice will specify where the order is located and how to arrange for a new delivery.
7. If you are unable to be present at the delivery location, please contact us again to arrange a new delivery date.
8. If delivery cannot take place for reasons beyond our control after thirty days from the date the order is available for delivery, we will assume that we intend to terminate the contract.
9. As a result of termination the amounts will be returned, including delivery costs with the exclusion of any additional costs resulting from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 29 days from the date of termination of the contract. Transportation resulting from termination may have additional costs that will be borne by the buyer.
10. Shipping costs are the responsibility of the buyer and are explicitly highlighted when placing the order.
ARTICLE 9 – PASSING OF RISK
1. Risks relating to the products shall pass to the Buyer from the time of delivery. Ownership of the products shall be deemed to have accrued upon receipt of full payment of all amounts due in respect thereof, including shipping charges, or upon delivery, if delivery occurs at a later date.
ARTICLE 10 – WARRANTY AND COMMERCIAL COMPLIANCE
1. The seller is responsible for any defects in the products offered on the site, including non-conformity of the items to the products ordered, in accordance with the provisions of Italian law.
2.If the purchaser has entered into the contract as a consumer, i.e., any natural person acting on the site for purposes outside his or her business or professional activity, if any, this warranty is valid provided that the defect manifests itself within 24 months from the date of delivery of the products; that the purchaser files a formal complaint regarding the defects within a maximum of 30 days from the date on which the defect was acknowledged by the purchaser; and that the return form is properly filled out.
3. In case of non-conformity, the purchaser who entered into the contract as a consumer shall have the right to obtain the restoration of conformity of the products without charge, by replacement, or to obtain an appropriate price reduction or termination of the contract with respect to the disputed goods and the subsequent refund of the price.
3. All return costs for defective products will be borne by the seller.
ARTICLE 11 – WITHDRAWAL
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without penalty and without specifying the reason, within the period of 14 days pursuant to Art. 57 of Legislative Decree 206/2005 commencing from the date of receipt of the products.
2. In the case of multiple purchases made by the purchaser in one order and delivered separately, the 14-day period starts from the date of receipt of the last product.
3. The user who wishes to exercise his right of withdrawal from the purchase made on Europlastik, may do so by:
Registered letter with return receipt, PEC
4. The purchaser shall also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, set out in Annex I, Part B, Legislative Decree 21/2014 which is not mandatory.
5. The goods should be returned to:
Europlastik srl – Via Fiumitello, 5, Atripalda (AV) zip code 83042.
6. The goods must be returned intact, in original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 30 days, including any shipping costs.
7. As provided by Art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the site may suspend the refund until the receipt of the goods or until the buyer demonstrates that he has returned the goods.
8. The right of withdrawal will not apply in case the services and products of Europlastik are included in the categories of Art. 59 of Legislative Decree 206/2005.
9. The site will make the refund using the same means of payment chosen by the buyer at the time of purchase. In the case of payment made by bank transfer, and if the purchaser intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.
ARTICLE 12 – DATA PROCESSING
1. By using the site you authorize the processing of your personal data. This information is also valid for the purposes of ‘art. 13 of Legislative Decree. n. 196/2003, Code regarding the protection of personal data, and for the purposes of Article 13 of EU Regulation no. 2016/679, on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
2. The data controller is Europlastik Ltd.
3. Data processor, appointed by the owner, Service Provider HOST SPA.
4. The data will be processed at a server on the territory of Italy.
5. Data processing is carried out exclusively in electronic form, through computer tools and media designed to ensure the security and confidentiality of such data. The stored information is protected from unauthorized access.
6. The data provided by users regarding purchase orders, payments (which may contain name, address, contact information), IP address, all other data provided is processed.
7. The purpose of the use of such data is the execution of the purchase order and payments, the communication of such data to third party providers of payment services, shipping as well as contacts of an informational nature about the activities and services of the site, offers of a commercial nature of affiliated companies and business partners.
8. The provision of data and consent to the processing for the purposes referred to in the purpose of the contract or the execution of the order and its payment is necessary for the conclusion itself as well as the execution of the contract therefore the refusal to provide such data or to give consent to its processing has as a consequence the impossibility for the user to purchase the products and services of offered.
9. The provision of data and consent to its processing for the purposes of commercial communications is optional. However, any refusal to provide such data or consent to its processing may result in the inability of the user to receive such further services.
10. The user, in always has the right for his data to be updated, corrected or supplemented, the cancellation, transformation into anonymous form or blocking of data processed in violation of the law including those that do not need to be kept in relation to the purposes for which the data were collected or subsequently processed, certification that the operations have been brought to the attention, also as regards their content, of those to whom the data were communicated or disseminated, except where this proves impossible or involves a manifestly disproportionate to the protected right.
11. The user has the right to object, in whole or in part, to the processing of personal data concerning him or her for legitimate reasons, even if pertinent to the purpose of collection, and to the processing of personal data concerning him or her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
12. You may also revoke at any time the consent to the processing of your data previously given to Europlastik.
13. All rights under the EU Regulation 2016/679 and Law 196/2003, can be exercised by the user, by writing to the following email: europlastik@europlastik.it
14. At the first visit the user will be invited to choose his language and will offer the possibility to save the language of preference. For this purpose, the user authorizes the use of identification codes c.d. cookies, i.e. small files sent by its internet server and recordable on the hard disk of the user’s computer.
15. The hard drive collects information about the user’s language preference and stores the pages of the site visited. Cookies are used for the purpose of preventing the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the user’s browser type.
ARTICLE 13 – SAFEGUARD CLAUSE
If one or more of the clauses of the General Terms and Conditions of Sale shall be held invalid or shall be declared invalid pursuant to law, regulation or by virtue of a final judgment, all other clauses shall remain in full force and effect
ARTICLE 14 – CONTACTS
1. Any inquiries may be sent by e-mail to info@europlastik.it, by telephone to + 39 0825 62 6603, and by mail to:
Via Fiumitello 5 – Atripalda (AV) zip code 83042
ARTICLE 15 – APPLICABLE LAW AND PLACE OF JURISDICTION
1. These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rules of the purchaser’s country of habitual residence. Accordingly, the interpretation, execution and termination of the General Conditions of Sale shall be subject exclusively to Italian law.
2. Any disputes inherent and/or consequent thereto shall be settled exclusively by the Italian judicial authority. In particular, if the purchaser has the status of Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same in accordance with applicable law.
