GENERAL TERMS AND CONDITIONS OF SALE
ART. 1 – GENERAL PROVISIONS
1. By browsing this area, the user accesses Europlastik, accessible via the URL: www.europlastik.it. Navigating the site and transmitting a purchase order implies acceptance of the Conditions and Data Protection Policies adopted by the site as indicated here.
2. These General Terms and Conditions of Sale apply to the sale of products exclusively with reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code (Legislative Decree No. 206/05 as amended by Legislative Decree No. 21/14 and Legislative Decree No. 70/03) by:
Europlastik srl
Registered Office: Via Fiumitello 5 – Atripalda (AV) 83042
VAT Number: 02669820645
PEC: europlastik@pec.it
E-MAIL: info@europlastik.it
3. The user is required, before accessing the products provided by the site, to read these General Terms and Conditions of Sale, which are deemed to be generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these General Terms and Conditions of Sale, whose terms Europlastik reserves the right to modify unilaterally and without any notice.
5. It is possible to use the site and therefore access the products provided by it and purchase them in the following languages:
Italian, English
ART. 2 – SUBJECT
1. These General Terms and Conditions of Sale govern the offer, submission, and acceptance of purchase orders for products on Europlastik and do not regulate the supply of services or the sale of products by parties other than the seller that are present on the same site through links, banners, or other hypertext connections.
2. Before submitting orders and purchasing products and services from parties other than the seller, we recommend that you check their terms and conditions of sale.
ART. 3 – CONCLUSION OF THE CONTRACT
1. To conclude the purchase contract, it will be necessary to fill out the form in electronic format and transmit it by following the relevant instructions.
2. The form contains a reference to the General Terms and Conditions of Sale, images of each product and its price, the means of payment that can be used, the delivery methods for the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal, and the return methods and times of 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 information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form filled out by the user, after verifying the correctness of the data contained therein.
5. The buyer is obliged to pay the price from the moment the online order submission procedure is completed. This will occur by clicking on the "Place Order" button at the end of the guided procedure.
6. Once the contract is concluded, the seller will take charge of the order for its fulfillment.
ART. 4 – REGISTERED USERS
1. When completing the registration procedures, the user agrees to follow the instructions on the site and to provide their personal data correctly and truthfully.
2. Once registered, the user will receive a confirmation email at the email address provided. The confirmation must be communicated within a maximum of 5 days. After this period, if confirmation is not received, Europlastik will be released from any commitment to the user.
3. The confirmation will, in any case, exempt Europlastik from any responsibility regarding the data provided by the user. The user agrees to promptly inform Europlastik of any changes to their data at any time communicated.
4. If the user provides incorrect or incomplete data, or if there is a dispute by the subjects concerned regarding the payments made, Europlastik will have the right not to activate or to suspend the service until the related deficiencies are resolved.
5. Upon the first request to activate a profile by the user, Europlastik will assign the user a username and password. The user acknowledges that these identifiers constitute the validation system for user access to the Services and the only system suitable for identifying the user, and that the actions performed through such access will be attributed to the user and will be binding on them.
6. The user agrees to maintain the secrecy of their access data and to guard them with due care and diligence and not to temporarily transfer them to third parties.
ART. 5 – AVAILABILITY OF PRODUCTS
1. The availability of the products refers to the actual availability at the time the buyer places the order. However, this availability should be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before the order is confirmed.
2. Even after sending the order confirmation email, partial or total unavailability of the goods may occur. In this case, the order will be automatically rectified by eliminating the unavailable product, and the buyer will be immediately informed by email.
3. If the buyer requests the cancellation of the order, resolving the contract, Europlastik will refund the amount paid within 30 days from the moment Europlastik became aware of the buyer's decision to terminate the contract.
ART. 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
ART. 7 – PAYMENT METHODS AND PRICES
1. The price of the products will be the one indicated from time to time on the site, except where there is an obvious error.
2. In case of error, Europlastik will inform the buyer as soon as possible, allowing them to confirm the order at the correct amount or cancel it. In any case, Europlastik will not be obliged to supply what was sold at the lower price incorrectly indicated.
3. The prices on the site include VAT and do not include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which an order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the cart. You will just need to follow the instructions for the purchase, entering or verifying the requested information in each step of the process. The details of the order can be modified before payment.
5. Payment can be made via: PayPal, Credit Cards, Bank Transfer in Advance
ART. 8 – DELIVERY
1. Europlastik ships throughout the Italian territory, excluding the Vatican City State and the Republic of San Marino.
2. Europlastik will only deliver to the user's address provided at the time of purchase.
3. Delivery is generally made within 7 working days for the Italian territory, or, if no delivery date is specified, within the estimated time at the selection of the delivery method, and in any case, within a maximum of thirty days from the confirmation date.
4. For European Union countries, delivery will be made within 10 working days, and in any case, within a maximum of thirty days.
5. In non-EU territories, delivery will take approximately 20 working days.
6. If delivery is not possible, the order will be sent to the depot. In this case, a notice will specify the location of the order and how to arrange a new delivery.
7. If you are unable to be present at the delivery location, we ask you to contact us again to arrange a new delivery date.
8. If delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that you intend to terminate the contract.
9. As a result of the termination, amounts will be refunded, including delivery costs, excluding any additional costs resulting from the choice of a different delivery method from the standard method offered without undue delay and, in any case, within 29 days from the date of termination of the contract. The transport resulting from the termination of the contract may incur additional costs that will be borne by the buyer.
10. Shipping costs are the responsibility of the buyer and are explicitly highlighted at the time of ordering.
ART. 9 – TRANSFER OF RISK
1. The risks relating to the products will pass to the buyer from the moment of delivery. Ownership of the products is acquired as soon as full payment of all amounts due in relation to the products, including shipping costs, is received, or at the time of delivery, if this occurs at a later time.
ART. 10 – WARRANTY AND COMMERCIAL CONFORMITY
1. The seller is responsible for any defect in the products offered on the site, including non-conformity of the articles to the products ordered, under the provisions of Italian law.
2. If the buyer has entered into the contract as a consumer, i.e., any natural person who acts on the site for purposes unrelated to any business or professional activity carried out, this warranty is valid on condition that the defect appears within 24 months from the date of delivery of the products; that the buyer submits a formal complaint regarding the defects within a maximum of 30 days from the date on which the defect was recognized; and that the return form is correctly filled out.
3. In the event of non-conformity, the buyer who has entered into the contract as a consumer will have the right to obtain the restoration of the conformity of the products without charge, through replacement, or to obtain an appropriate price reduction or the termination of the contract relating to the defective goods and the consequent refund of the price.
4. All return costs for defective products will be borne by the seller.
ART. 11 – WITHDRAWAL
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days pursuant to Article 57 of Legislative Decree 206/2005, starting from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the 14-day period starts from the date of receipt of the last product.
3. The user who intends to exercise the right of withdrawal from the purchase made on Europlastik may do so through: Registered letter with return receipt, PEC, email
4. The buyer must exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively by transmitting the standard withdrawal form, as per Annex I, part B, of Legislative Decree 21/2014, not mandatory.
5. The goods must be returned to: Europlastik srl – Via Fiumitello, 5, Atripalda (AV) ZIP Code 83042
6. The goods must be returned intact, in the original packaging, complete in all its parts, and accompanied by the attached tax documentation. Subject to the ability 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 Article 56, paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the buyer demonstrates that they have returned the goods.
8. The right of withdrawal will not apply in cases where Europlastik's services and products fall into the categories of Article 59 of Legislative Decree 206/2005.
9. The site will make the refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the buyer intends to exercise their right of withdrawal, they must provide the bank details: IBAN, SWIFT, and BIC necessary for the refund.
ART. 12 – DATA PROCESSING
1. By using the site, the user authorizes the processing of their personal data. This information is also valid for the purposes of Article 13 of Legislative Decree No. 196/2003, the Code on the protection of personal data, and for the purposes of Article 13 of EU Regulation No. 2016/679, concerning the protection of individuals with regard to the processing of personal data and the free movement of such data.
2. The data controller is Europlastik srl.
3. The data
processor, appointed by the data controller, is Service Provider HOST SPA. 4. The data will be processed at a server located in Italy.
5. Data processing is exclusively carried out electronically, through tools and supports designed to ensure the security and confidentiality of the data. The information stored is protected from unauthorized access.
6. The data provided by users related to the purchase orders, payments (which may contain the name, address, contacts), IP address, and any other data communicated will be processed.
7. The purpose of using such data is to execute the purchase order and payments, the communication of the data to third-party service providers for payment, shipping, and for informational contacts regarding the activities and services of the site, as well as commercial offers from affiliated companies and business partners.
8. Providing data and consenting to its processing for the purposes of the contract or fulfilling the order and its payment is necessary for the conclusion and execution of the contract. Therefore, refusal to provide such data or consent to its processing will result in the inability for the user to purchase the products and services offered.
9. Providing data and consenting to its processing for commercial communication purposes is optional. However, refusal to provide such data or consent to its processing may result in the inability for the user to receive such additional services.
10. The user always has the right to have their data updated, rectified, or integrated, to request its deletion, transformation into anonymous form, or blocking of data processed in violation of the law, including data that does not need to be retained for the purposes for which the data was collected or subsequently processed, and to certify that the operations have been brought to the attention, also regarding their content, of those to whom the data has been communicated or disseminated, except in cases where this proves impossible or involves the use of means that are clearly 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 them for legitimate reasons, even if pertinent to the purpose of collection, and to the processing of personal data concerning them for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
12. The user may also revoke their consent to the processing of their data previously given to Europlastik at any time.
13. All rights provided by EU Regulation 2016/679 and by law 196/2003 can be exercised by the user by writing to the following email: info@europlastik.it
14. On the first visit, the user will be invited to choose their language and will be offered the possibility to save the preferred language. To this end, the user authorizes the use of identification codes known as cookies, i.e., small files sent from their internet server and recordable on the user's hard drive.
15. The hard drive collects information about the user's language preference and stores the pages of the site visited. Cookies are used to prevent the user from receiving the same information repeatedly or in the wrong language and to tailor the content and presentation of the site to the user's browser type.
ART. 13 – SAFEGUARD CLAUSE
If one or more clauses of the General Terms and Conditions of Sale is held to be invalid or declared as such under the law, regulation, or following a final judgment, all other clauses will remain fully valid.
ART. 14 – CONTACTS
1. Any request for information can be sent by email to info@europlastik.it, by phone to the following number: +39 0825 62 6603, and by mail to the following address: Via Fiumitello 5 – Atripalda (AV) ZIP Code 83042
ART. 15 – APPLICABLE LAW AND JURISDICTION
1. These General Terms and Conditions of Sale are governed by and interpreted in accordance with Italian law, without prejudice to any mandatory prevailing provision of the buyer's country of habitual residence. Consequently, the interpretation, execution, and resolution of the General Terms and Conditions of Sale are subject exclusively to Italian law. 2. Any disputes relating to and/or arising from these terms must be resolved exclusively by the Italian judicial authority. In particular, if the buyer is classified as a consumer, any disputes must be resolved by the court of the buyer’s place of domicile or residence, according to the applicable law.