GENERAL TERMS AND CONDITIONS OF ONLINE SALE OF PLASTITALIA GROUP s.r.l.
1. Definitions
- “Owner”: means the company Plastitalia Group s.r.l. based in Borgo San Lorenzo, via della Soterna 15 – P. IVA IT03925300489, as the owner subject of the “Site”;
- “Seller”: is the company Plastitalia Group s.r.l. based in Borgo San Lorenzo, via della Soterna 15 – P. IVA IT03925300489, which through the “Site” sells the “Products” online;
- “Professional User” or simply “User”: means the professional subject who can purchase the “Products” from the “Seller” by accessing the “Site”;
- “Customer”: means the person with a VAT number or otherwise the Professional who may purchase the Products from the Seller by accessing the “Site”;
- “Professional”: means the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or an intermediary thereof;
- “Consumer”: means any natural person who uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity;
- “Application”: shall mean the software owned by Plastitalia Group s.r.l. that allows the purchase of Products on the site www.plastitalia.it;
- “Terms”: shall mean the rules and regulations for the operation of this “Application”;
- “Site”: means the web page www.plastitalia.it ;
- “Service”: means the process of online sale of “Products” by the “Seller” by means of the “Application”;
- “Products”: shall mean the goods produced and/or only marketed by Plastitalia Group s.r.l. on the “Site”;
- “Product Sheet”: shall mean the sheet relating to the individual “Product” in which the ingredients and in general the components of the product itself are summarized;
- “Product Expiry Date”: shall mean the deadline by which the “Product” must be consumed, as it is perishable. Such expiration date will be specifically indicated on the packaging of the individual “Product”;
- “Agreement”: shall mean the contract of sale that comes into being between the “Seller” and the “Customer” following the acceptance of the order by the “Seller”;
- “Order Proposal”: means the purchase proposal completed by the “Customer” on the “Site”, in compliance with the purchase procedure defined by the “Seller” on the basis of these General Conditions of Sale;
- “Order Confirmation”: shall mean the communication from the “Seller” sent to the “Customer” in which the acceptance of the order is confirmed and its summary data is summarized. The acceptance of the order constitutes the moment of completion of the Contract of Sale between Plastitalia Group s.r.l. and the “Customer”.
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It should be noted that terms denoted in this document in the singular include the plural and vice versa. Terms denoting one gender include the other gender unless the context or interpretation indicates otherwise.
The titles and headings of articles and paragraphs in this document are inserted for convenience only and have no bearing on the interpretation of the respective covenants.
2. Terms
The Terms set forth in this paragraph govern the use of this Application and in general the purchasing procedure to be followed by the Customer in order to purchase the Products.
Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The entity responsible for this Application is:
Plastitalia Group s.r.l. – Via della Soterna 15 – 50032 Borgo San Lorenzo, Florence (FI).
Owner’s e-mail address: info@plastitalia.it
This Application refers to.
this site, including its subdomains and any other sites through which the Owner offers the Service for the online sale of its Products.
To know at a glance
The right of withdrawal pursuant to Legislative Decree 206/2005 applies only to European Consumers and is therefore excluded for all persons operating professionally.
The possibility to purchase online with this Application is reserved for non-consumer Users and therefore only for Professionals.
Please note that certain provisions of these Terms may only be applicable to certain categories of Users. Such limitations are always explicitly mentioned in each affected clause. If limitations are not mentioned, the clauses apply to all Users.
Terms of Use of the Application
Unless otherwise specified, the conditions of use of this Application set forth in this section are generally applicable.
Additional conditions of use or access applicable in particular situations are expressly stated herein.
By using this Application you represent that you meet the following requirements:
– To be a Professional within the meaning of Legislative Decree 206/2005 (Consumer Code).
Registration
To use the Service, the User may open an account by indicating all the required data and information completely and truthfully.
It is also possible to use the Service without registering or creating an account. In that case, however, certain features may not be available.
It is the responsibility of Users to keep their login credentials secure and to preserve their confidentiality. To this end, Users must choose a password that matches the highest level of security available on this Application.
By creating an account, Users agree that they are fully responsible for any activity they engage in with their login credentials.
Users are required to notify the Owner immediately and unambiguously via the contact details provided in this document if they believe that their personal information, such as User account, login credentials or personal data, has been hacked, unlawfully disseminated or stolen.
Account Closure
You are free to close your account and cease using the Service at any time by following this procedure:
– Contacting the Owner at the contact details specified in this document.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User’s account at any time at its discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms.
Suspension or deletion of an account does not give the User any right to compensation, refund, or indemnification.
Suspension or deletion of an account for causes attributable to the User shall not relieve the User from payment of any fees or prices that may be applicable and/or already charged for completed orders.
Content on this Application.
Except where otherwise noted or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable Italian law.
Rights to the content of this Application
The Owner owns and expressly reserves all intellectual property rights in the contents of the Application.
Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Application, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly stated on this Application, the User is authorized to download, copy and/or share certain content available on this Application solely for personal and non-commercial purposes and subject to observance of the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner.
The limitations and exclusions provided by copyright law remain unaffected.
Access to external resources
Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in their terms and conditions or, in their absence, by law.
Permitted Use
This Application and the Service may be used only for the purposes for which they are offered, under these Terms and under Italian law.
It is your sole responsibility to ensure that your use of this Application and/or the Service does not violate the law, regulations or the rights of third parties.
Therefore, the Owner reserves the right to take all appropriate measures to protect its rights and legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any censurable activity carried out through this Application or the Service to the competent Authorities – e.g. the judicial or administrative authorities – whenever the User commits or is suspected of committing:
– violations of laws, regulations and/or the Terms;
– injury to the rights of third parties;
– acts that may considerably prejudice the legitimate interests and rights of the Holder;
– offenses against the Holder or a third party.
Purchase procedure
Each step, from choosing the product to placing the order, is part of the purchasing procedure.
The purchase procedure includes the following steps:
– Users are asked to choose the desired Product and verify their purchase choice.
– After checking the information visible in the purchase choice, Users can place the order by submitting it.
3. General Conditions of Sale Plastitalia Group s.r.l.
The purpose of these general conditions of sale (hereinafter, “General Conditions”) is to regulate the purchase of products and services, made at a distance and made available, through the Internet network, from the site www.plastitalia.it (hereinafter, the “Site”) in compliance with the Italian regulations for sales to Professionals pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”). The purchase of Products by Consumers, as defined in the Consumer Code, is prohibited.
The seller of the products and owner of the Site is: PLASTITALIA GROUP s.r.l. based in 50032 Borgo San Lorenzo (FI), Via della Soterna n. 15 – P.IVA 03925300489.
The User who accesses the Site to make purchases (hereinafter also referred to as the “Customer”) is required, before sending the order, to read carefully these General Conditions of Sale which are at his disposal on the Site and will be available at any time by the Customer, including in the confirmation email of each order to allow him to reproduce and store them.
The sales contracts concluded with Plastitalia Group s.r.l. through the Site are governed by these General Sales Conditions. The language available to conclude the contract is Italian.
3.1 Choosing and ordering the Products – Perfecting the Contract of Sale
The characteristics and price of the various products for sale on the Site (hereinafter “Product” or “Products”) are shown on the page of the Site relating to each Product.
In order to purchase the Products, the Customer shall complete and submit the order form in electronic format, following the instructions contained in the Site. The Customer shall add the Product to the “Shopping Cart” and, after having read the General Conditions and Privacy Policy and confirmed their acceptance, shall enter the shipping and billing information, as well as select the desired payment method and then confirm the order.
By sending the order on the Site, which has the value of a contractual proposal pursuant to art. 1326, the Customer acknowledges and declares that he/she has read all the indications provided to him/her during the purchase procedure and fully accepts these General Sales and Payment Conditions transcribed herein.
The sale contract stipulated between Plastitalia Group s.r.l. and the Customer shall be deemed concluded with the acceptance of the order by Plastitalia Group s.r.l.. Such acceptance shall be communicated to the Customer through an email confirmation of the order itself containing the General Conditions, the order number, the shipping and billing data, the list of the Products ordered with their essential characteristics and the total price, including delivery charges. If the Seller does not send an order confirmation by email within 7 days of receipt of the order, the order proposal shall be deemed not to have been accepted by the Seller and therefore no contractual obligation shall arise between the parties. In the event, however, that the Customer receives the order confirmation, he must check the data summarized in the order confirmation and if he identifies errors in the order, he will have 12 hours from the receipt of such email to contact the company directly from the Site using the appropriate contact form. After that time, the order will be put into processing for shipment and no further changes will be accepted.
Once the order has been received, Plastitalia Group s.r.l. will verify the availability of the stocks for the fulfillment of the order itself. In the event that one or more Products are not available, the Customer Service of Plastitalia Group s.r.l. will promptly notify the Customer via email who, within the next 12 hours, will have the right to reply to confirm the shipment of any available Products or cancel the order. In case of no response within this period, the order will be considered confirmed and the available Products will be put into shipment. If only a few Products are not in stock, Plastitalia Group s.r.l. will process the order with the available Products. In both cases, the amount related to the missing Products will be reversed immediately depending on the payment method chosen.
3.2 Product Information.
Prices, descriptions and availability of Products are specified in the respective sections of the Application and are subject to change without notice, by Seller.
Although the Products on this Application are presented as accurately as technically possible, the representation by means of photos, images, colors, sounds, or any other means is for reference only and does not imply any warranty as to the characteristics of the Product purchased. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality, but may differ in color and size. In the event of a difference between the image and the product sheet, the description of the product sheet shall always prevail.
Information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.
3.3 Pricing and Shipping
During the purchase process and prior to placing an order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.
Prices on this Application are shown:
– applicable commissions, taxes and costs excluded or included, depending on which section the User is browsing.
Product prices are all plus VAT to the extent required by law. All prices are quoted in Euros. For the individual Product, the relevant price will be indicated at the time of its selection and will be, also, specified at that stage any additional cost for shipping.
3.4 Methods of Payment
Details of the accepted means of payment are highlighted during the purchase process.
Some means of payment are tied to additional conditions or involve additional costs. Detailed information can be found in the relevant section of this Application.
All payments excluding the bank transfer mode are handled independently by third-party services. Therefore, this Application does not collect payment-related data – such as credit card numbers – but receives a notification once the payment is successful.
In the event that payment made by any of the available means fails or is rejected by the payment service provider, the Holder is not obligated to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.
The Customer may make payment of the price of the Products and related delivery charges by credit card, PayPal, bank transfer.
Credit Card
The circuits on which you can purchase within the Site are:
Visa/Visa Electron
Mastercard
American Express
Diners Club International
To ensure maximum security, the Customer will make the payment transaction directly on the Bank’s secure server.
The Site does not store the Customer’s credit card number, but thanks to the secure communication system of the reference Credit Institution, from the second spending, through its credentials, he will be able to proceed with the purchase without entering his data again. The Referring Credit Institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer’s browser.
PayPal
Once the order has been confirmed, the Customer will be redirected to the PayPal website where he/she can make the payment with his/her account or using a card, even a prepaid one, or in any case according to the methods accepted by Paypal and in compliance with its conditions.
Bank transfer
The circuit on which it is possible to purchase within the site by bank transfer the circuit is
MyBank.
The Customer must make the transfer within three days from the date of the order. The Goods will be sent only upon verification by Seller that payment has actually been received. In the event that payment does not occur within three days, the order will be cancelled and the goods made available again for purchase by other Customers. The Customer who has not made the transfer may be contacted by Customer Service in order to clarify whether the cause of non-credit is due to the Customer’s desire not to confirm the purchase or other causes.
Wire Transfer Information:
Made out to: Plastitalia Group s.r.l.
IBAN: 84 R 02008 37751 000401119591
BIC/SWIFT: UNCRITM1F93
Bank: UNICREDIT S.P.A.
Reason: the Customer must indicate in the reason for the transfer the date and the order number, which can be found in the confirmation email (e.g. “Order 01/01/14 n. 100012345”).
3.5 Invoicing of orders
During the procedure of filling the order, the Customer must enter the billing information including tax code and/or VAT number and the Unique Code for electronic billing. The Customer is responsible for the correct entry and veracity of the billing data.
3.6 Reservation of Ownership
Until receipt of payment of the full purchase price from the Seller, the Customer does not acquire ownership of the Products ordered.
3.7 Transportation, delivery and non-delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users must check the contents of the package and promptly report any anomalies to the Seller at the contact information provided herein and have the anomalies noted on the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may be to the countries or territories specified in the relevant section of this Application.
Delivery times are indicated on this Application or during the purchase process.
The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the courier has been engaged by the User.
In the event that the goods are not delivered or picked up at the time or within the time specified, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree to further arrangements.
Unless otherwise specified, each delivery attempt from the second will be the responsibility of the User.
All purchases will be delivered by courier (hereinafter, “Courier”) Monday through Friday, excluding holidays and national holidays. From April 15 to October 15, in the interest of the Customer, packages containing products to be stored at a controlled temperature will not be shipped on Fridays and holidays.
Plastitalia Group s.r.l. is not responsible for delays that cannot be foreseen or attributed to it.
Once the Products have been shipped, the Customer will receive a confirmation email in which a link to refer to for tracking the shipment will be included.
The Seller does not deliver abroad.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered shall be delivered within a term of 15 (fifteen) working days starting from the day following the day on which Plastitalia Group s.r.l. confirmed the order to the Customer by means of an appropriate order confirmation email.
3.7 Right of withdrawal and right to revoke the Order
The Customer has no right to withdraw from the purchase contract, subsequent to the acceptance of the order by the Seller.
Prior to the acceptance of the order by the Seller, the Customer may, however, freely revoke the proposed purchase of the Product, only by formal written notice to be sent by certified email to the following address:
plastitalia@pec.it
In the notice of revocation, the Customer must indicate under penalty of nullity and therefore ineffectiveness of the revocation itself, all the identifying data of the order that it intends to cancel and therefore the date of the order and the Products ordered.
Standard revocation form
Addressed to:
Plastitalia Group s.r.l. – Via della Soterna 15 – 50032 Borgo San Lorenzo, Florence (FI).
plastitalia@pec.it
I/We hereby notify you of the revocation from my/our purchase order for the following goods/services:
_____________________________________________ (insert here a description of the goods/services whose purchase you intend to revoke)
Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Customer name: _____________________________________________
Client’s address: _____________________________________________
Data: _____________________________________________
(sign only if this form is notified in paper version)
3.8 Warranty and Conformity Defects
In the presence of conformity defects and/or flaws in the individual Product sold by Plastitalia Group s.r.l. through the Site, the Customer shall immediately contact the seller using the appropriate contact form accessible on the Site www.plastitalia.it.
The legal warranties and the terms of forfeiture and prescription for reporting defects provided by the Civil Code for the sales contract (art. 1490 et seq. of the Civil Code) apply to the sale of Products, and not those referred to in articles 129, 130 and 132 of the Consumer Code, given that only Professionals may purchase Products on the Site.
The Customer has the right, at his/her choice and provided that the type of Product allows it, to the restoration, without expenses, of the conformity of the Product by repair or replacement, or to an adequate reduction of the price or to the termination of the contract. The Customer forfeits these rights if he does not report to Plastitalia Group s.r.l. the defect and/or flaw in writing, within the term of eight days from the date on which he discovered the defect, if hidden. If, on the other hand, the defect and/or defect is visible ictu oculi, the report must be made on the same day of discovery. In particular for Products falling within the “food” genre, Plastitalia Group s.r.l. disclaims any responsibility for the preservation of the Product from the date on which the same was delivered to the Customer. For perishable Products, the Customer shall report to the Seller, in writing, any deformities and/or defects of the Product on the same day in which he/she discovers the defect and/or deformity and in any case no later than the expiry date indicated on the Product packaging. Upon the accrual of the Product’s expiration date, any and all warranties of Seller shall cease.
3.9 Disclaimer of Warranty, Limitation of Liability and Hold Harmless
Disclaimer of Warranty
The Seller is released from any and all liability for the proper and suitable storage of the Product ordered, as well as disclaims any and all liability for food intolerances and allergies of the Customer for the Products ordered. The Seller recommends that the Customer carefully read the individual Product Schedules, containing the directions for the storage of the Product and the description of the ingredients used, and refrain from purchasing Products when they may be deemed, even if potentially, harmful to the Customer’s health.
This Application is provided strictly as is and as available. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, Seller expressly disclaims conditions, covenants and warranties of any kind – whether express, implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights.
No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly provided herein.
Notwithstanding the foregoing, Seller and its subordinates, affiliates, officers, agents, brand joint owners, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk, and the User is solely responsible for any damage to the User’s computer system or mobile device or loss of data resulting from such operation or the User’s use of the Service.
Seller does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. In addition, the Seller does not take part in or in any way monitor any transactions between Users and third party providers of products or services.
The Service may become inaccessible or not function properly with the User’s browser, device, and/or operating system. Seller cannot be held liable for any damages, whether perceived or actual, resulting from the content, operation, or use of the Service.
Limitation of Liability.
To the maximum extent permitted by law, Seller’s liability to Customer, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these General Terms and Conditions of Sale, is limited, at Seller’s option, to a re-supply of the Products or payment of the cost of re-supplying them.
To the fullest extent permitted by applicable law, in no event shall Seller and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be liable for
any indirect, intentional, collateral, special, consequential or exemplary damages, including but not limited to damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use, or inability to use the Service:
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any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
any errors, omissions or inaccuracies in the content;
personal injury or property damage, of any nature, resulting from Your access to or use of the Service;
any unauthorized access to the Owner’s security servers and/or any personal information stored therein; and
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojans or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any User or third party.
In no event shall Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by User to Owner for the order in dispute.
This section on Limitation of Liability applies to the maximum extent permitted by Italian law, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage.
Indemnification
The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising out of
Your use of or access to the Service, including any data or content transmitted or received by You;
User’s breach of these Terms, including, without limitation, any breach by User of any representation or warranty set forth in these Terms;
Your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
your violation of any applicable law, rule or regulation; or
any content posted by User’s account, including, but not limited to, misleading, false or inaccurate information, and including when accessed by third parties with User’s personal username and password or other security measures, if any
the willful misconduct of the User; or
the violation of any legal provision by the User or its affiliates, officers, agents, brand coowners, partners, suppliers and employees, to the extent permitted by applicable law.
3.10 No Implied Waiver
Seller’s failure to exercise any right at law or arising under these Terms and Conditions shall not constitute a waiver thereof. No waiver shall be deemed conclusive with respect to any specific right or any other right.
3.11 Interruption of Service.
In order to ensure the best possible level of Service, the Seller reserves the right to discontinue the Service for purposes of maintenance, system upgrades, or any other changes, giving notice to Users.
To the extent permitted by law, the Vendor reserves the right to suspend or completely terminate the Service.
In addition, the Service may be unavailable due to causes beyond the reasonable control of the Seller, such as force majeure (e.g., strikes, infrastructure malfunctions, power outages etc.) or fortuitous events.
3.12 Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner.
3.14 Intellectual Property
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Application are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.
All trademarks – denominative or figurative – and any other distinctive signs, firms, service marks, illustrations, images or logos appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
3.15 Changes to the Terms and Conditions of Sale.
The Seller reserves the right to change the Terms and Conditions of Sale at any time. In such case, the Seller will give appropriate notice of the changes to Users, on its Site.
Changes will affect the relationship with the User only for the future and therefore for orders not in progress on the date of the individual change.
Continued use of the Service implies User’s acceptance of the updated Terms and Conditions. If User does not wish to accept the changes, User must cease using the Service.
If required by applicable law, the Owner will specify the date by which the changes to the Terms and Conditions will become effective.
3.16 Assignment of Contract.
The Owner reserves the right to transfer and/or assign to third parties the contract of Sale perfected by the acceptance of the Order, and/or to assign and otherwise transfer to third parties, all or part, of the rights and/or obligations arising therefrom, as well as reserves the right to contract out to third parties, all or part, of the obligations to be borne by the Owner.
The User is not authorized to assign or transfer its rights and obligations to third parties, without the written consent of the Owner, as well as it is forbidden for the User to assign the Contract of Sale perfected with the acceptance of the order by the Seller.
3.17 Contacts
All communications pertaining to the use of this Application should be sent to the contact details set out in this document.
3.18 Severability Clause
Should any provision of these General Terms and Conditions of Sale be or become null and void or ineffective under Italian law, the nullity or ineffectiveness of such provision shall not cause ineffectiveness of the remaining provisions, which shall therefore remain valid and effective.
Should any provision of these General Terms and Conditions of Sale be or become void, invalid or ineffective, the parties shall endeavor to amicably identify a valid and effective provision to replace the void, invalid or ineffective provision.
In case of failure to agree within the aforementioned terms, if permitted or provided for by Italian law, the void, invalid or ineffective provision will be replaced by the Italian legal framework.
Notwithstanding the foregoing, the nullity, invalidity, or ineffectiveness of any specific provision of these Terms and Conditions shall not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the Agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on either party.
Any invalid or ineffective provision shall in all cases be interpreted and adjusted to the extent necessary to make it valid, effective, and in accordance with its original purpose.
These Terms and Conditions fully govern the negotiated agreement between User and Holder with respect to the subject matter regulated herein and prevail over any other communications and/or agreements, including any prior agreements between the parties with respect to the subject matter regulated herein.
3.19 Amicable settlement of disputes and complaints
Users may report any disputes to the Owner, who will attempt to resolve them amicably.
Without prejudice to the Users’ right to take legal action, in case of disputes concerning the use of this Application or the Service, Users are invited to contact the Owner at the contact details indicated in this document.
Users may direct their complaint to the Holder’s e-mail address indicated in this document, including a brief description of the disservice and details of the affected purchase order or account.
The Holder will process the request within 21 days of its receipt.
3.20 Errors
The information about the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors of which, therefore, Plastitalia Group s.r.l. shall not be held responsible, except in case of malice or gross negligence.
Plastitalia Group s.r.l. reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice.
3.21 Applicable law and Italian jurisdiction
The sales contract between the Customer and Plastitalia Group s.r.l. is understood to be concluded in Italy with the acceptance of the order by the Seller. The sales contract and in any case in general the relationships between Seller and Customer are governed by Italian Law and subject exclusively to Italian jurisdiction.
3.22 Exclusive jurisdiction
For any dispute inherent to the interpretation, execution or termination of the sales contract finalized with the acceptance of the order by the Seller, as for any dispute inherent to the interpretation and/or execution of the General Terms and Conditions of Sale of Plastitalia Group s.r.l., the exclusive competent Court shall be that of Florence.
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Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Customer declares that he/she has read and specifically accepts the following articles of the present General Terms and Conditions of Sale: Article 3.1 (Perfection of the contract of sale), 3.2 (Product information), 3.6 (Reservation of Ownership), 3.7 (Right of withdrawal and right to revoke the order), 3. 8 (Warranty and Defects of Conformity), 3.9 (Exclusions of Warranty, Limitations of Liability and Hold Harmless), 3.15 (Amendments to Terms and Conditions of Sale), 3.16 (Assignment of Contract), 3.18 (Safeguard Clause), 3.21 (Governing Law and Italian Jurisdiction), and 3.22 (Exclusive Jurisdiction).
