1. IDENTIFICATION OF THE SELLER
registered office in Bologna (BO), Via Laura Bassi Veratti n.1, 40036
FISCAL CODE 03417841206
VAT NO. 03417841206
N. R.E.A. BO-518111
E-mail address administration firstname.lastname@example.org (no info - no quotes)
Authorised, subscribed and paid-up share capital EUR 10,000.00
2. RULES APPLICABLE TO THE CONTRACT
2.1. Plaste s.r.l. (hereafter also "Plaste") is the owner of the website www.ecometa.store (hereafter also the "Site") on which is made available to all users the possibility of purchasing products made and processed by Giesse s.r.l., consisting, by way of example, of articles in Plexiglas (methacrylate) for the display of collectibles of various kinds (hereafter the "Products").
2.3. The offer and sale of the Products on the Site constitute a distance contract (hereinafter the "Contract") subject to the regulations set forth by the Legislative Decree of 6 September 2005, n. 206 (hereinafter the "Consumer Code") and ss.mm.ii. and by the Legislative Decree of 9 April 2003, n. 70 and ss.mm.ii. regulating electronic commerce.
2.4. The Contract shall be governed by the GTC in force on the date the order is sent by the user, unless a change to the applicable GTC is required by law or at the request of a government authority (in which case the change shall also apply to orders already sent).
2.5. The GTC may be amended by Plaste at any time. Any amendment or replacement of the GTC shall take effect from the date of publication on the Site, which shall always contain the most up-to-date version of the GTC.
2.6. The GTC are applicable to sales in Italy and Europe.
3. SHOPPING ON THE SITE
3.1. The purchase of Products on the Site is permitted both to consumers, over the age of 18 (eighteen), and to professionals, as respectively defined in Article 3 of the Consumer Code.
3.2. The user may purchase several Products in the same order (hereinafter referred to as 'Multiple Order') without any minimum number of pieces being fixed.
3.3. In the event of abnormal or fraudulent orders placed by any person, Plaste reserves the right to take appropriate action for the termination of the irregularities, including the non-acceptance or cancellation of orders deemed abnormal and/or not executed in accordance with the GTC, or suspension from access to the Site or cancellation from the Site, informing, where appropriate, the authorities deemed competent.
4. SITE REGISTRATION
4.1. The purchase of Products may be made by prior registration on the Site or in the "guest" mode provided for in Article 5.
4.2. Registration on the Site is free of charge. To register, the user must fill in the form provided, entering the following data: first name, last name, e-mail address, residence address and delivery address (if different from the residence address), tax code and/or VAT number, SDI and PEC code. Successful registration will be confirmed to the user by sending a confirmation e-mail to the e-mail address provided during registration.
4.3. Registration on the Site by the user entails the opening of a personal account that enables the user to: (i) save the data entered; (ii) follow the status of the order; (iii) follow the status of the shipment; (iv) access information relating to orders and returns (v) manage and modify their personal data.
4.4. Registration credentials (e-mail address and password) enable the user to make purchases of Products on the Site. Registration credentials may not be transferred to third parties. The user must keep and guard the registration credentials with the utmost diligence, care and care. The user undertakes not to disclose them, to ensure that third parties do not have access to them and to inform Plaste immediately if he/she suspects or becomes aware of any unauthorised use or disclosure of them.
4.5. The user guarantees the completeness and truthfulness of the personal data provided during the registration procedure on the Site or during subsequent integration and/or modification. In any case, the user is prohibited from using false, invented or fictitious names. The user agrees to indemnify and hold Plaste harmless from any prejudice, indemnification obligation and/or sanction resulting from any violation by the same of the rules of registration on the Site or the custody of the registration credentials.
5. GUEST PURCHASE
The Site also offers the function of purchasing Products in "guest" mode, i.e. as a guest. In this purchase mode, the user must provide only the data necessary to process his order (name, surname, e-mail address, home address and delivery address if different from the home address, tax code and/or VAT number). For purchases in "guest" mode, the same guarantees in favour of the user provided for in the preceding article apply.
6. FINALISATION OF THE CONTRACT
6.2. The Order Confirmation shall contain: information on the essential characteristics of the Product(s) purchased, details of the price, the means of payment used, the delivery costs, if any, and any additional costs, as well as information on the right of withdrawal or its exclusion.
6.3. The Purchase Order and the Order Confirmation will be stored in Plaste's database for the time necessary to execute the Contract and, in any case, for the period required by law. In order to access the Purchase Order sent, the registered user will be able to consult his reserved area on the Site, accessing the Order History section.
6.4. The language for the conclusion of the Contract is Italian. For the navigation of the Site the language available to the user is Italian, French, English, German and Spanish. Plaste communicates with the user in Italian, French, English, German and Spanish.
7. PRODUCT AVAILABILITY
7.1. The Products on sale consist, by way of example, of Plexiglas (methacrylate) items for the display of collectibles of various kinds in the catalogue published on the Site at the time the user places the order.
7.2. All Product orders are subject to the availability of the same and to prior quality control by Plaste. In case of unavailability of the purchased Product, Plaste will immediately inform the user by e-mail. Plaste reserves the right to propose to the user: (a) where the re-assortment of the Product is possible, a deferment of the delivery terms of the same, (b) where the re-assortment of the Product is not possible, the supply of a substitute Product, of equal or superior or inferior quality and value, subject to express acceptance and subject to payment, by the user, or reimbursement, by Plaste, of any difference; (c) the refund of the amounts already paid by the user (including the price of the Product, delivery charges, if applied, and any other additional cost: hereinafter "Total Amount Due"). If the user does not wish to accept the postponement of the delivery terms, he/she must communicate his/her choice to Plaste, which, after a period of 14 working days from the communication of the refusal to postpone the delivery terms of the Product or in the absence of communication, shall reimburse the user for the Total Amount Due. The refunded amount shall be credited through the same means of payment used by the user to purchase the Product, or through a different payment system to be agreed upon in advance. Any delays in crediting, depending on the payment solution used, shall not be attributable to Plaste. In any case, the value date of the re-credited amount shall correspond to that of the debit.
7.3. The provisions of the preceding paragraph shall also apply in the event of a Multiple Order limited to the supply of the Product that is unavailable and the relative price.
8. PURCHASES OF BACKORDER AND CUSTOM-MADE PRODUCTS
8.1. Without prejudice to the provisions of article 7 above, Plaste reserves the right to offer the user the possibility of (a) purchase Products which, although not available at the time they are posted on the Site - e.g. because they are being restocked - can nevertheless be selected for purchase (hereinafter "Backorder"); (b) purchase Products which, starting from a basic model, the user can customise according to a series of options indicated on the Site (hereinafter "Custom Made").
8.2. With regard to Custom Made Products, the starting date of the Product delivery term shall be indicated during the purchase process. Should the user request the insertion, within the Product, of "customised content", the same warrants to be authorised to use the aforementioned content, assuming all responsibility in this regard and expressly relieving Plaste from any request and/or claim for any reason made by third parties, at the same time exonerating Plaste from any verification and analysis relative to the content itself. In any case Plaste reserves the right, at its own discretion, to refuse the request for customization, by way of example but not limited to because it contains a trademark owned by a third party or in any case third party rights that the user does not demonstrate that he/she is authorized to use, or because the content of the customization is not appropriate or is contrary to decency and/or morality and/or the law. In case of refusal, Plaste will notify the user by e-mail. All provisions of the GTC apply to Custom Made Products, insofar as they are compatible, with the exception of those relating to the right to exchange the Product, the right of withdrawal and the right of return in general.
9. PRODUCT INFORMATION
Each Product is described in an information sheet which illustrates its main characteristics (hereinafter "Information Sheet"). The photographs of the Products shown on the Site reproduce as faithfully as possible the Products themselves and Plaste adopts every technological solution possible to reduce inaccuracies to a minimum. In any event, the images are purely illustrative and the colours or sizes of the Products may differ slightly from the real ones for technical reasons due to the settings of the computer systems or devices used by the user for viewing. Consequently, Plaste shall not be held responsible for the possible inadequacy of the graphic representations of Products shown on the Site, since the same are merely illustrative. For the purposes of the Contract, the description of the Product contained in the Purchase Order shall prevail.
10. PRICE AND PURCHASE ORDER
10.1. The price of the Products is expressed in euros, VAT and CONAI (where applicable. Consumer users) are excluded from the CONAI payment. Product shipping costs, if applicable, shall be added to the price.
10.2. The price of the Products shall be the one indicated on the Site from time to time, except where there is an obvious error. If Plaste finds an error in the price of the Products ordered by the user, the user will be informed promptly and given the option to reconfirm the order at the correct amount or to cancel it. If Plaste is unable to contact the user for reasons beyond its control, the order will be cancelled and the user will be refunded the Total Amount Due, if already paid. In any case, Plaste shall not be obliged to supply the user with the Product at the lower price erroneously indicated if the error in the price appears obvious and unequivocal and, therefore, if it is possible for the user to reasonably identify it as incorrect.
10.3. Plaste reserves the right to change the price of the Products at any time, without prior notice, it being understood that variations (upwards or downwards) will not affect orders for which a Purchase Order has already been made and completed.
10.4. If a Product is offered on the Site at a discounted price, the full reference price on which the discount is calculated shall nevertheless be indicated in the Information Sheet.
10.5. If the offer of a Product is subject to a limited period of validity or conditions, this shall be explicitly mentioned in the Information Sheet.
10.6. Shipping costs for a total purchase value of less than €100.00 (VAT included) are borne by the user. Their amount shall be expressly separated and indicated (in euros, VAT included) in the order summary before the user proceeds to transmit the Purchase Order and in the Order Confirmation e-mail.
10.7. Once the Product that the user intends to purchase has been selected, it will be added to the virtual shopping cart and, following the instructions on the Site, the user will proceed to complete the order and payment.
11. TRANSFER OF PRODUCT OWNERSHIP AND RISK
11.1. The Products shall remain the property of Plaste until payment has been made by the user of the price (and any applicable statutory charges where applicable) and shipping costs, if due.
11.2. In the event that this amount is not paid or the successful payment is not confirmed, the Contract shall be considered terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code, Plaste shall notify the user of the termination of the Contract and the consequent cancellation of the order by e-mail.
11.3. Unless the user opts for payment by cash on delivery, the Products will be shipped only after confirmation of successful payment, by the user, of the Total Amount Due. The risk of loss of or damage to the Products, for causes not attributable to Plaste, will be transferred to the user, when the latter, or a third party designated by him and different from the carrier, materially takes possession of the Products. It is up to the user to verify the condition of the Product delivered to him. The user must check the integrity of the packaging and the number of Products received and must indicate any anomalies on the carrier's transport document. This is without prejudice to the application of the rules on the right of withdrawal and the legal guarantee of conformity set out in Articles 15 and 16 below.
12.1. When purchasing, the user may exclusively select the following payment methods, made available on the Site: (i) payment by one of the credit cards of the circuits indicated on the Site; (ii) payment by PayPal; (iii) payment by bank transfer, (iv) payment by cash on delivery.
12.2. In order to reduce the risk of unauthorised access, the user's financial data shall be encrypted and transmitted directly to the payment processor without passing through Plaste's servers. Plaste, therefore, has no access to and does not store such data.
12.3. In the case of payment by credit card, the Total Amount Due from the user to Plaste will be charged at the time of transmission of the Purchase Order. In all cases of termination of the Contract and consequent cancellation of the order, Plaste shall request the card issuer to re-credit the amount previously paid through the banking system. The time of re-crediting depends exclusively on the card issuer. In no case shall Plaste be held responsible for any damage, direct or indirect, caused by the delay in the failure to release the amount committed by the banking system.
12.4. In the case of payment by PayPal, the user will be redirected to the www.paypal.com website (http://www.paypal.com/) and will make the payment according to the procedure set out and regulated therein and according to the terms and conditions of the contract concluded between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with Plaste. In the case of payment through PayPal, the Total Amount Due shall be charged to the user upon conclusion of the Contract. In all cases of termination of the Contract and consequent cancellation of the order, the amount relative to the purchase made will be credited back to the user's PayPal account. The crediting time to the payment instrument linked to such account is not dependent on Plaste which, once the crediting order has been placed in favour of such account, shall not be held responsible for any delays or omissions depending solely on PayPal and/or the banking system, which the user must contact PayPal to dispute.
12.5. Payment for the Products may be made by bank transfer. The bank details of Plaste for making the transfer are indicated in the dedicated section of the Site and in the Order Confirmation e-mail. The reason for the bank transfer must report the order number, the name and surname or the company name of the holder of the order. Payment of the Products by bank transfer must be made at the same time as the order confirmation. Once this term has expired unsuccessfully, the Contract shall be considered automatically terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code. In case of payment by bank transfer, the shipment of the Products will be carried out only after Plaste has received the bank transfer. Consequently, the delivery terms of the Products will start from that date. In all cases of termination of the Contract and consequent cancellation of the order, the amount relative to the purchase made will be credited back to the user's bank account. The timing of the crediting to such account does not depend on Plaste which, once the crediting order has been placed in favour of such account, shall not be held responsible for any delays or omissions depending exclusively on the banking system, in order to contest such delays or omissions the user must directly contact his bank.
12.6. The user may only proceed with the cash on delivery payment for orders totalling up to € 1000.00 incl. VAT and exclusively for deliveries within the Italian territory. If more than one C.O.D. order is placed for which the total amount exceeds €1,000.00 including VAT, Plaste shall wait for the first C.O.D. payment to be cashed in order to release the subsequent orders. Under no circumstances may the threshold be exceeded. In all cases of termination of the Contract and consequent cancellation of the order, the amount relative to the purchase made will be reimbursed by Plaste to the user by bank transfer or by credit card.
12.7. In order to guarantee the security of the transactions, in the event of any doubts regarding the correctness of the sale transaction, Plaste reserves the right to request the user to send, by e-mail, within the deadline established in the request and in any case no later than 5 working days from receipt of the request, a complete copy of a valid identity document of the user and, in the event that the holder of the order is different from the holder of the chosen means of payment, the latter's valid identity document. Pending receipt of the required documentation and/or information, the order shall remain suspended. In the event that Plaste receives the valid documentation and/or information within the term indicated, the applicable Product delivery terms shall commence from the date of receipt thereof. In the event of failure to provide the requested document and/or information or in the event that the same is incorrect or the documentation is invalid or out of date, the Agreement shall be deemed to be terminated pursuant to and for the purposes of article 1456 of the Italian civil code. The termination will result in the cancellation of the order and the reimbursement of the Total Amount Due that may have already been paid by the user, without prejudice to the right of Plaste to compensation for any damages caused to the same by the non-compliant behaviour of the user.
12.8. Plaste shall issue the tax document pertaining to the purchase at the time of shipment and this shall be sent to the user by e-mail to the address provided by the user during registration or guest purchase.
13.1. Upon successful dispatch of the Product, a confirmation e-mail (hereinafter 'Dispatch Confirmation') will be sent to the user.
13.2. The delivery terms of the Products, to be intended as indicative and not binding, are those indicated by the courier and reported in the Information Sheet (or, if later, in the Order Confirmation), are calculated considering only working days and run from the sending of the Purchase Order or, in case of payment by bank transfer, from the crediting of the Total Amount Due. In general, the Products are delivered within 10 days from the sending of the Order Confirmation. If no delivery period is specified, delivery will take place within a maximum of 15 working days from the date of conclusion of the Contract. However, delays may occur due to various reasons such as, but not limited to, the occurrence of unforeseen circumstances or difficulties related to the delivery area. If for any reason Plaste is unable to meet the delivery time, the user will be informed by e-mail of the possibility to continue the purchase by setting a new delivery date, or to cancel the order, resulting in a refund of the Total Amount Due, if paid.
13.3. Delivery shall be deemed to have taken place at the moment when the user or a third party indicated by the user acquires the material availability of the Products, which shall be proved by signing the order receipt at the agreed shipping address.
13.4. The Products shall be delivered throughout the Italian and European territory to the shipping address specified by the user in the Purchase Order. Delivery shall in no case be made to post office boxes or poste restante. No deliveries are made to floors.
13.5. If the user should indicate as the shipping address a post office box, a poste restante or one of the locations where shipping is excluded, the Contract shall be understood to be terminated as of right pursuant to and for the effects of art. 1456 of the Italian Civil Code and Plaste shall proceed to reimburse the Total Amount Due, retaining any expenses already sustained.
13.6. The user may collect the Products directly from the Plaste Showroom located in Via Libero Grassi 4/a 40036 Rioveggio (BO), through the warehouse collection service. The user can pick up the products in the warehouse only after payment made during the order process by Credit Card, PayPal or Bank Transfer. The user may collect the Products from the moment they receive notification of their availability. In the event that the user fails to collect the purchased Products twice in a row, the Contract will be considered legally terminated pursuant to art. 1456 of the Italian Civil Code and Plaste will proceed to reimburse the sum paid by the user for the purchase of the Product, reserving the right to accept further orders of Products from the same user.
14. IMPOSSIBILITY OF DELIVERY
14.1. It is the user's obligation to collect the Product shipped following the purchase. Should it not be possible to complete the delivery of the Product due to the absence of the addressee at the address indicated in the Purchase Order or for other reasons not attributable to Plaste, the Product shall go into a state of "stock". The user may agree directly with the courier on a new delivery date. In the event of a second unsuccessful delivery attempt, the courier shall inform Plaste that delivery is not possible. In case the delivery cannot take place for causes not attributable to Plaste, after 30 days from the date in which the Product has entered the state of storage, the same will be returned to Plaste, the Contract will be considered rescinded ex art. 1456 c.c. and Plaste will proceed to refund the amount paid by the user for the purchase of the Product, minus: (i) the expenses for the non-delivery of the Product; (ii) the expenses for the return of the Product to Plaste (also for purchases of a value higher than € 250,00) determined according to the rates ordinarily applied by the carrier; (iii) any other eventual expense in which Plaste has incurred due to the failed delivery due to the absence of the addressee. The termination of the Contract and the amount of the refund shall be communicated to the user by e-mail. If, prior to the expiration of the 30 day period, the user requests to receive the Product again, Plaste will proceed with the new delivery, after charging the user for the cost of returning the Product and any storage costs.
If the purchased Product is not delivered or is delivered later than the delivery terms established in the Information Sheet and in the Order Confirmation or in the Shipment Confirmation, the user will invite Plaste - by means of a communication to the e-mail address email@example.com - to make the delivery within an additional term appropriate to the circumstances pursuant to art. 61 of the Consumer Code (hereinafter the "Additional Term"). Upon expiry of such additional period, if the Products have not been delivered the user shall be entitled to terminate the Contract, without prejudice to the right to compensation for damages.
15.1. The user has the right to withdraw from the Contract within a period of 14 calendar days (hereinafter the "Withdrawal Period"), without having to provide any reasons. The withdrawal applies to the Product in its entirety, as it cannot be exercised in relation to individual parts and/or accessories thereof.
15.2. The Withdrawal Period begins on the day on which the user (or a third party, designated by the user and other than the carrier) acquires physical possession of the Products or, in the case of a Multiple Order with separate deliveries, on the day on which the user (or a third party, designated by the user and other than the carrier) acquires physical possession of the last Product.
15.3. The burden of proof concerning compliance with the time limits for the validity of the exercise of the right of withdrawal rests on the user.
15.4. In order to exercise the right of withdrawal, the user must send a written notice to Plaste's customer service department by e-mail to firstname.lastname@example.org, expressly stating its decision to withdraw from the Contract, indicating the order number and the Product(s) for which it intends to withdraw.
15.5. Once the right of withdrawal has been exercised, the user must return the Product to Plaste at the address Via Libero Grassi n. 4/a - 40036 Rioveggio (BO) - duly protected and packed, if possible, in its original packaging - without delay and, in any case, within 14 calendar days from the day on which he communicated his withdrawal from the Contract. The deadline shall be deemed to have been met if the user returns the Product to the chosen carrier within said deadline. During the Withdrawal Period, you shall treat the Product and its packaging with care and shall handle the Product only to the extent necessary to assess its nature, characteristics and effectiveness, in the same manner as you would be permitted to do in a shop.
15.6. The direct costs for the return of the Product are the responsibility of the user. The staff of Plaste, before accepting the return, must verify the existence of the conditions of acceptability of the same; where, in its sole discretion, it does not find them, the return cannot be accepted.
15.7. The Product must be returned intact, complete in all its parts, perfectly functioning, complete with all accessories, illustrative sheets, identification tags and labels, if present, still attached to the Product, which in turn must be intact and not tampered with. The returned Product shall be perfectly suitable for its intended use and free of signs of wear or dirt and still have the protective films on both sides of each individual plate and joint bracket.
15.8. In case of withdrawal from the Contract, Plaste shall reimburse the user for the Total Amount Due paid for the purchase of the Product - including the delivery costs, if due, with the exception of the additional costs deriving from the user's choice of a carrier different from the one offered by Plaste - within 14 days from the receipt of the withdrawal notice, using the same payment system used by the user for the purchase of the Product, or a different system to be agreed upon in advance. The value date of the credit will be that of the credit itself.
15.9. The seller pursuant to Article 56 of the Consumer Code may withhold the refund until it has received the Product(s) back.
15.10. In the event of a partial withdrawal from a Multiple Order, Plaste shall not reimburse the delivery costs, if any, in consideration of the fact that the delivery costs incurred by the user, calculated as a fixed amount, are attributable to the delivery of the other Products for which the withdrawal has not been exercised.
15.11. If the withdrawal has not been made in accordance with the provisions of this article and applicable law, the user will not be entitled to any refund. In this case Plaste shall give notice of the rejection of the withdrawal request by e-mail to the user within 5 working days of receipt of the Product by Plaste. The Product which may have already been received by Plaste will remain at Plaste at the disposal of the user for collection, which must be done at the exclusive expense and under the responsibility of the user with application of the provisions of article 11 above.
15.12. If, in the event one of the cases provided for by law, the right of withdrawal does not apply, this exclusion will be specifically indicated in the Information Sheet and, in any case, before the user proceeds to send the order. The user shall not be able to avail himself of the right of withdrawal from the Contract having as its object the supply of Custom Made Products.
15.13. With reference to point no. 8 (Purchases of backorder and custom-made products) it is specified that the purchase of custom-made products is not subject to withdrawal, return and return in general (Art. 9, letter c) of the Consumer Code). Only in the event of material defects, errors attributable to the manufacturer and damage caused by transport will it be possible to request replacement of the goods.
16. LEGAL GUARANTEE OF CONFORMITY
A) Legal guarantee for the consumer user:
16.1. The consumer user has the right to make use of the Legal Guarantee of Conformity referred to in Articles 128-135 sexies of the Consumer Code (hereinafter 'Legal Guarantee').
16.2. The Legal Warranty guarantees the goods against defects in conformity with the Contract of Sale.
16.3. The Product is in conformity if: (a) it corresponds to the contractual description, type, quantity and quality and possesses the functionality, compatibility, interoperability and other characteristics provided for in the Contract; (b) it is suitable for the particular use intended by the consumer user, which has been brought to Plaste's attention by the consumer user at the latest at the time of the conclusion of the Contract and which Plaste has accepted; (c) is provided with all accessories, instructions, including installation instructions, required by the Contract; (d) is provided with the updates required by the Contract (hereinafter the "Subjective Requirements").
16.4. Furthermore, the Product, in order to be in conformity, must: (a) be fit for the purposes for which goods of the same type are normally used, taking into account, where applicable, other provisions of national and Union law, technical standards or, in the absence thereof, industry codes of practice applicable to the specific sector (b) where relevant, have the qualities and correspond to the description of a sample or model which Plaste has made available to the consumer user prior to the conclusion of the Agreement; (c) where relevant, be delivered with such accessories, including packaging, installation instructions or other instructions, as the consumer user can reasonably expect to receive (d) be of the quantity and possess the qualities and other characteristics, including in terms of durability, functionality, compatibility, and safety, ordinarily found in goods of the same type and which the consumer user can reasonably expect, having regard to the nature of the goods and public statements made by or on behalf of Plaste, or other persons at earlier stages in the chain of trade transactions, including the manufacturer, in particular in advertising or on the label (hereinafter the "Objective Requirements").
16.5. There is no lack of conformity if, at the time of conclusion of the Contract, the user has been informed that a particular characteristic of the Product deviates from the Objective Conformity Requirements and the user has expressly and separately accepted this deviation at the time of conclusion of the Contract.
16.6. Any lack of conformity resulting from the incorrect installation of the Product shall be considered as such if: (a) the installation is provided for in the Agreement and has been performed by Plaste or under its responsibility; or (b) the installation, which is to be performed by the user, has been performed by the user and the incorrect installation is due to deficiencies in the installation instructions provided by Plaste or the provider of the digital content or digital service, if any.
16.7 Plaste shall be liable to the consumer user for any lack of conformity existing at the time of delivery of the Product, which becomes apparent within 2 years from such time. For the purposes of this article, the user shall keep the purchase tax document as well as the DDT (transport document) or any other document proving the date of the purchase and the date of delivery.
16.8. Unless proven otherwise, any lack of conformity that becomes apparent within one year after delivery of the Product shall be presumed to have already existed on that date, unless such a presumption is incompatible given the nature of the Product or the lack of conformity. Thereafter, the onus shall be on the user to prove that the lack of conformity of the Product already existed at the time of delivery thereof.
16.9. Excluded from the Legal Warranty are any Product defects resulting from accidental events, from the user's liability or from use of the Product that does not comply with its natural purpose of use and/or with the provisions of the Information Sheet.
16.10. The user who perceives a lack of conformity of the Product must send it to Plaste - suitably packaged and complete in all its parts - in order to verify the existence of the defect complained of, to the address Via Libero Grassi n. 4/a - 40036 Rioveggio (BO). The costs for the return of the Product shall be borne by Plaste. Plaste may ask the user to attach to the request the purchase tax document and/or the DDT (transport document) or other document proving the date of purchase and delivery of the Product.
16.11. If Plaste does not see in the returned Product the subsistence of the conformity defect complained of by the user, it will notify the latter by e-mail within 5 working days from receipt of the Product itself. In this case, the Product shall remain at Plaste at the user's disposal for collection, which shall take place at the user's exclusive expense and under the user's responsibility within a maximum period of 30 days. In addition, the user shall reimburse Plaste for the costs referred to in clause 16.10 above.
16.12. If Plaste finds in the returned Product the existence of the conformity defect complained of by the user, it shall notify the latter by e-mail within 5 working days from receipt of the Product itself. In this case, the user shall be entitled to the repair or replacement of the product or, alternatively, to the proportional reduction of the price paid or to the termination of the Contract and the consequent reimbursement of the Total Amount Due paid for the purchase of the Product. Plaste shall refund the aforementioned amount using the same payment system used by the user for the purchase of the Product or a different system to be agreed upon in advance. The user shall be entitled to a proportional reduction of the price or to termination of the Contract in the event that: (a) Plaste has not repaired or replaced the Product or has refused to make the Product compliant in accordance with clause 16.13 below; (b) a lack of conformity becomes apparent despite Plaste's attempt to restore the Product's conformity; (c) the lack of conformity is so serious as to justify an immediate reduction of the price or termination of the Contract; (d) Plaste declares or it is clear from the circumstances that it will not restore the Product's conformity within a reasonable period or without significant inconvenience to the consumer.
16.13. Pursuant to Article 135 bis (3) of the Consumer Code, Plaste may refuse to bring the Product into conformity if repair or replacement is impossible or if the costs which Plaste would have to bear are disproportionate, taking into account all the circumstances, including: (a) the value which the good would have in the absence of the conformity defect; (b) the extent of the conformity defect; (c) the possibility of an alternative remedy without significant inconvenience to the consumer user.
B) Legal guarantee for the non-consumer user (Professional):
16.14. The Professional user is entitled to make use of the Legal Guarantee provided for in the Civil Code.
16.15. Pursuant to Article 1495 of the Italian Civil Code the Professional must report to Plaste any defects found in the purchased Product within 8 (eight) days of discovery, under penalty of forfeiture of the warranty.
16.16. This Guarantee is valid for a maximum period of 12 (twelve) months from delivery of the Product. Beyond that period, Plaste shall not be liable for any defects found.
16.17. The provisions of this Article shall apply mutatis mutandis.
17. CONVENTIONAL MANUFACTURER'S WARRANTY
The Products on the Site may, due to their nature, be covered by the conventional warranty issued by the manufacturer (hereinafter "Conventional Manufacturer's Warranty"), which the user can only enforce against the manufacturer. The user, therefore, cannot assert such a warranty against Plaste. The terms of the Conventional Manufacturer's Warranty are indicated in the so-called warranty certificate that may be contained in the Product's packaging. This warranty is contingent, conventional in nature, does not replace, limit, prejudice or exclude the Legal Warranty referred to in Article 16 above.
18. COMMUNICATIONS AND COMPLAINTS
The user may send any communication and request information, assistance or make complaints by contacting Plaste customer service in the following ways: (i) by e-mail at email@example.com. The user acknowledges, accepts and consents to the fact that all communications, notifications, information, reports and in any case any documentation on the operations carried out, referring to the purchase of the Products, will be sent by Plaste to the e-mail address indicated by the user at the time of registration or inserted in the Purchase Order, with the possibility of downloading the information on a durable medium in the manner and within the limits provided for by the Site.
19. INTELLECTUAL PROPERTY
19.1. The Site and its contents are the property of Plaste and/or its successors or assigns and/or third parties where indicated.
19.2. All intellectual property rights (including copyrights) in the information and material on the Site are protected by current legislation on the protection of intellectual and industrial property rights. No one is authorised to copy, derive, link, publish, promote, integrate, use, combine or in any other way use the content (including translations) or the trademark or distinctive signs without the express written approval of Plaste. The user agrees not to deposit or cause to be deposited any trademark, name or other distinctive sign of Plaste and/or its successors in title and/or third parties where indicated, nor to deposit or cause to be deposited any trademark, name or distinctive sign which may be confused with those of Plaste.
19.3. Any use not in accordance with the law or any of the aforementioned actions or conduct constitutes a material infringement of the intellectual property rights of Plaste and/or its successors or assigns and/or third parties where indicated.
20. VIRUSES, PIRACY AND OTHER CYBER-ATTACK RISKS
20.1. You must avoid any misuse of the Site and avoid introducing viruses, Trojan horses, worms, or malware that may cause technological damage to the Site. If unauthorised, the user must not access the Site, nor the server on which it is hosted, nor any other server, computer or database relating to the Site.
20.2. In the event of a breach of the above clause, Plaste reserves the right to inform the competent authorities and will cooperate with them in identifying those responsible for the attack perpetrated. Similarly, Plaste will inhibit the user from using the Site.
20.3. To the extent permitted by applicable law and with respect for the fundamental rights of consumers, Plaste shall not be liable for any damage or loss resulting from a computer attack, virus or other program or material that may cause technological damage to the user's devices, computer equipment, data or materials as a result of the use of the Site or the downloading of content from the Site or redirecting the user to it.
21. ASSIGNMENT OF THE CONTRACT
The user is prohibited from transferring or assigning the Agreement or any of its rights or obligations under it in any manner whatsoever without the prior written consent of Plaste.
Plaste shall be free to transfer, assign or dispose of the Agreement, or any rights or obligations under it, in any manner and at any time. However, any transfer, assignment or other disposition of the Agreement shall not affect your rights as a consumer nor shall it in any way diminish, reduce or limit any of Plaste's express or implied warranties or liabilities.
22. FORCE MAJEURE, CATASTROPHIC EVENTS AND FORTUITOUS EVENTS
Plaste shall not be liable for non-performance and/or partial performance of its obligations under the GTC and the Contract if such non-performance (in whole or in part) is an immediate and direct consequence of Force Majeure. Force majeure shall mean any extraordinary event, natural or human, unforeseeable and exceptional beyond the reasonable control of the parties (hereinafter "Force Majeure"). By way of example, but not limited to, the following are considered Force Majeure events: natural disasters, hurricanes, floods, earthquakes, war, terrorism, riots, extreme adverse weather conditions, strikes, epidemics, pandemics, government measures, including those restricting mobility and containing a health emergency due to an epidemic and/or pandemic. With regard to the Covid-19 emergency, any worsening of the conditions existing in Italy at the time of signing the GTC shall be understood as Force Majeure.
Plaste reserves the right to suspend the performance of the respective contractual obligations if the performance thereof is rendered impossible (partially or totally) or excessively burdensome by a Force Majeure event. In such case, Plaste shall be granted an extension for the performance of the Contract equal to the duration of the Force Majeure event. It is understood that, even in the face of Force Majeure events, Plaste shall endeavour to fulfil its contractual obligations.
23. MISCELLANEOUS PROVISIONS
23.1. The original Italian text of the GTC may be translated into other languages. The translated version is unofficial and for illustrative purposes only, and therefore has no legal value.
In the event of disputes or inconsistencies or discrepancies between the Italian text and the translations into the other languages of the GTC, the Italian text shall prevail and shall be the final version.
In the event that any provision of these GTC is invalid, ineffective or unenforceable, the user shall be bound by all other provisions set forth herein. In such a case Plaste shall replace the said clause with a clause which is valid and binding and which has an effect equivalent to the replaced clause and which obliges the user to comply with the contents and purpose of these GTC.
24. APPLICABLE LAW AND DISPUTE RESOLUTION
24.1. The use of the Site and the Contracts concluded on the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions envisaged by the law of the country in which they have their habitual residence, with particular regard to the deadline for exercising the right of withdrawal, for the return of the Products, to the methods and formalities for communicating withdrawal and to the Legal Warranty.
24.2. For any dispute arising from or relating to the use of the Site or relating to the application, execution and interpretation of these GTC, the court of the Seller's registered office shall have exclusive jurisdiction. In the case of a consumer user, the court of the place of residence or domicile of the user shall have jurisdiction.
24.3 Plaste informs the user that in order to resolve disputes relating to the interpretation and/or application of these GTC, the consumer user may contact the conciliation bodies listed on the European platform available at http://ec.europa.eu/consumers/odr. This is without prejudice, in any case, to the consumer user's right to appeal to the competent ordinary judge, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, if the conditions are met, to have recourse to the conciliation procedures governed by the Consumer Code.
24.4. A consumer consumer who has his habitual residence or domicile in a member state of the European Union other than Italy may have recourse to the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 before the competent court, provided that the value of the claim does not exceed, as regards the principal alone, €5,000.00 at the date of filing of the application. The text of the Regulation can be found at http://eur-lex.europa.eu/eli/reg/2007/861/oj.