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General Contractual Conditions

General Contractual Conditions

These General Contractual Conditions apply to all the acquisitions made on the web site www.cartotecnicarossi.it.

The products offered for sale on www.cartotecnicarossi.it are sold by Cartotecnica Rossi s.r.l., with legal offices in Arsiero (VI), Via Perale 19, registered in the Business Registry of Vicenza at number 309401, V.A.T. No. IT 03238630242, capital stock fully paid up equal to euro 50,000.00 .

The user will be able to contact the company to request any information, to send communications or to transmit complaints, by writing to the e-mail address ecommerce[at]cartotecnicarossi.it or by contacting the client service at the telephone number: +39 0445 731767

 

  1. Field of Application

Access to the offers presented on the website www.cartotecnicarossi.it is allowed to users who are consumers, as defined in Article 3, paragraph 1, lett. a) of the Italian Legislative Decree 206/2005 ("Consumer Code"), intended as being natural persons who access the site www.cartotecnicarossi.it for purposes not related to sales, craft, business, or professional activities potentially carried out or as users who are not consumers according to this definition.

To make any purchase on the website www.cartotecnicarossi.it the user must first register and provide his/her own name, surname, or company name and e-mail address.

 

  1. Information directed at the formation of the contract

In conformity with Italian Legislative Decree n. 70 of 9 April 2003, containing provisions on electronic sales, Cartotecnica Rossi informs the user that:

• to conclude the purchase contract of one or more products on the site www.cartotecnicarossi.it, the user must fill in an order form in electronic format and transmit it remotely, following the instructions that will appear from time to time on the site Cartotecnicarossi.it and will accompany the various phases of the purchase;

• the contract is concluded when Cartotecnicarossi.it records the order form (i.e. when the order form reaches the Company’s server);

• before proceeding with the purchase of products and the transmission of the order form, the user will be asked to read and approve the General Contractual Conditions; the user will be able to print a copy of the General Contractual Conditions and/or store them on an long-term support;

• before proceeding with the transmission of the order form, the user will be able to identify and correct any potential errors in the data entered by following the instructions indicated from time to time on the site www.cartotecnicarossi.it and that accompany the various phases of the purchase;

• once the order form has been recorded, Cartotecnicarossi.it will send the user, via the e-mail address indicated, the confirmation of the order and the receipt of payment; this e-mail shall also contain the link to the General Contractual Conditions, the information relative to the characteristics of the product purchased, the detailed indication of the price, the payment method, shipping costs, and potential supplementary costs, as well as the contact details of the client service. It is recommended that the user keep the e-mail received as proof of purchase;

• the order form will be filed in the data base of Cartotecnicarossi.it for the time necessary to fulfil the order and, in any case, as required by law. To access his/her own order form, the user will be able to consult the "Client Area" of the site www.cartotecnicarossi.it where the list of all the orders placed can be found.

• The photographs in the offers are only examples and may not be 100% equal to the merchandise being sold. The dimensions specified in the offers are indicative and may vary slightly.

 

  1. The orders

The purchase orders will be fulfilled only after confirmation of the payment being made for the total amount due, consisting of the purchase price of the product/s and by any potential shipping costs, as specified in Article 4 ("Prices and expenses").

Before executing the contract, Cartotecnicarossi.it will have the right to verify the orders transmitted by users for the purpose of identifying any potential behaviours intended to circumvent the prohibition to purchase as outlined in Article 1, any fraud in the use of credit cards or any possible anomalous purchases. More specifically, pursuant to Art.1456 of the Italian Civil Code, Cartotecnicarossi.it will have the right to terminate the contract and, consequently, cancel the order and reimburse the user the total amount due, if:

• the order should prove to be from a subject who, pursuant to Article 1, has no right to make a purchase on the site www.cartotecnicarossi.it;

• the credit card used for the payment results as being cloned or if there should be reasonable doubt that the purchase was not made by the holder of the same or if the company that issued the credit card should inform Cartotecnicarossi.it that the credit card has been blocked;

• the order transmitted by the user presents an anomalous nature in relation to the type and/or quantity of the products purchased or the frequency of the purchases made on the website www.cartotecnicarossi.it;

• on the date of purchase the user results as having breached the obligations deriving from or in any case connected to the execution of a previous contract concluded with Cartotecnicarossi.it.

Next to the description of each product, Cartotecnicarossi.it will indicate if the same is available more or less immediately. However, due to the actual methods of the on-line purchase, multiple users may purchase the same product at the same time. This means it is possible that, at the moment of recording a purchase order, the product ordered is no longer available. In this case, Cartotecnicarossi.it will immediately send the available merchandise. Should the user so choose, he/she will be able to:

• ask for the cancellation of the unavailable merchandise and obtain a reimbursement of the amount paid;

• wait for the delivery of the merchandise ordered within the maximum time of thirty days from the date of sending the purchase order.

If the order should be cancelled, Cartotecnicarossi.it will reimburse the user the sum paid and accredit the amount reimbursed on the same method of payment used for the purchase immediately and, in any case, within thirty days from the day following the sending of the order. Potential delays in the credit may depend on the banking institute or on the type of credit card used for the payment. In any case, the value date of the amount re-accredited will be the same as the debit.

Clients’ orders are fulfilled within the limits of the quantity of products available.

 

  1. Prices and expenses

An order placed by the client is binding. The final prices are those of the day the order is placed.

All the prices are expressed in Euro and do not include VAT.

The products will remain the property of Cartotecnicarossi.it until payment of the purchase price and any potential expenses have been made.

The price of the products may be modified without notice, but the price charged to the user will be the one published on the product page at the time the order is sent.

 

  1. Methods of payment

The payment for the products purchased on the site Cartotecnicarossi.it may be made using the following methods:

• Credit cards (Visa, Mastercard, Postepay);

• PayPal;

If payment is made using a credit card, the user will complete the transaction in an encrypted format and according to the requirements established by the security standards defined by the international circuits (Verified by Visa and Secure Code for the Mastercard circuit) used to protect on-line transactions. Cartotecnicarossi.it will not save the credit card data.

If the user chooses PayPal as a pre-selected method of payment, Cartotecnicarossi.it will allow the same to connect directly to the site http://www.paypal.it/it and follow the procedure established by PayPal. The information entered on PayPal will be processed directly by the same and will not be transmitted or shared with Cartotecnicarossi.it. If the order is cancelled and in all case of reimbursement, for any reason, the amount paid to Cartotecnicarossi.it will be accredited to the user’s account on PayPal. Once the credit has been ordered, Cartotecnicarossi.it will not be responsible for potential delays or omissions in the accreditation of the amount reimbursed connected to the management of the Pay Pal site.

Following the fulfilment of each order, Cartotecnicarossi.it will send the user, by e-mail, the invoice or receipt relative to the purchase made by the same.

 

  1. Deliveries

The deliveries will take place by means of express courier from Monday to Friday, during routine office hours, except for national holidays. The use of different delivery methods may be decided by Cartotecnicarossi.it depending on the nature of the product ordered. In this case, the variation will be communicated to the client via e-mail.

The products will be delivered to the mailing address specified by the user in the order form.

The client is responsible for checking the integrity of the package (including the adhesive tape on the closures), the weight of the package, and the contents.  It is necessary to check these aspects by opening the package in front of the courier and controlling that the merchandise presents no damage or apparent defects. If some defect or damage is apparent, the client must refuse the delivery and inform us within 48 hours, describing the occurrence, by writing to ecommerce[at]cartotecnicarossi.it.

If the courier should refuse to wait for the inspection of the package, it is necessary to accept the package PENDING CONTROL OF THE MERCHANDISE, adding to the signature of the shipping document the wording "accepted with reserve due to... "and the reason (ex. accepted with reserve due to open package, ...to crushed package, ...to a perforated package, etc.).- this must be done even if the courier does not take such a possibility into consideration!
If the client does not carry out these operations, and therefore accepts and signs the pick-up without controlling and/or without PENDING CONTROL OF THE MERCHANDISE, the courier is free of any responsibility for damage that may have occurred during shipping.

All the products indicated as being "available" on the site cartotecnicarossi.it will be delivered to the user, in the times and using the methods established by the user at the time of purchase. To obtain detailed information on the delivery times, the client may contact the Client Service.

If the order is not delivered due to the absence of the addressee at the address specified, the courier will leave a notice to certify the attempted delivery. The notification of passage will indicate the courier’s contact information and set an appointment for the delivery. Once thirty days have passed from the date on which the product was sent again to cartotecnicarossi.it, the contract will be intended as being terminated and the purchase order will be cancelled pursuant to Art. 1456 of the Italian Civil Code. cartotecnicarossi.it will proceed with the reimbursement of the amount paid by the user net of any potential delivery costs of the products that were not delivered as well as the costs for returning the same to cartotecnicarossi.it and the holding charges. The termination of the contract and the amount of the reimbursement will be communicated via e-mail. The amount of the reimbursement will be accredited to the means of payment used by the user for the purchase. If, before the thirty days have passed, the user asks to receive the product purchased again, cartotecnicarossi.it will proceed with the new delivery subject to payment, in addition to the costs of the same, of the product return charges to cartotecnicarossi.it and the holding charges.

It is up to the addressee to verify the condition of the products delivered. If the packing presents evident signs of tampering or alteration, the user must communicate the fact promptly to Cartotecnicarossi.it by means of fax or e-mail to the number indicated in the introduction. The application of the provisions outlined in Articles 8 and 9 of these General Contractual Conditions withstands.

 

  1. Termination within thirty days and the right to withdrawal

The user who is not satisfied with his/her purchase may terminate the contract within thirty days after having received the merchandise, without penalty and without specifying the reason and return the product to cartotecnicarossi.it, provided that the product is intact, in its original packaging, and in condition to be resold. The shipping expenses for the return of the goods are charged to the client-consumer.

If, in the judgement of cartotecnicarossi.it, the product is not in good enough condition to enable resale, the Company will return the product to the user and charge the costs sustained for the restitution of the same.

The users who are consumers will in any case be able to exercise the right to withdrawal under the conditions outlined in Articles 64 and successive of the Consumer Code.

Both in the case of termination of the contract or of exercising the right to withdrawal, the user must return the product with all the potential accessories, documentation, and usage manuals. The identifying tag and/or label, where present, must still be attached to the product at the time of return.

In case of the termination of the contract, or of exercising the right to withdrawal by the consumer, the Company will reimburse the user the total amount paid, by means of accreditation on the same method of payment used for the purchase, immediately and, in any case, within thirty days from the day following the date of the termination of the contract or from the date on which Cartotecnicarossi.it comes to know of the consumer having exercised the right to withdrawal.

Clients who make purchases with a VAT number cannot exercise the right to withdrawal.

The request to terminate the contract or the declaration of the consumer to opt for the right to withdrawal must be communicated to cartotecnicarossi.it by contacting the client service at the phone number (+39) 0445 731 767 or by writing to the address ecommerce[at]cartotecnicarossi.it.

 

  1. Product warranties and non-conformities

The images and colours of the products published on the site www.cartotecnicarossi.it may differ from the actual ones due to the effect of local settings of systems and/or instruments used for their visualization.

For all the products acquired by users who are consumers, Cartotecnicarossi.it provides a two-year warranty in compliance with Articles 128 and successive of the Consumer Code.

For all the products acquired by users who are not consumers, Cartotecnicarossi.it provides a one-year warranty in compliance with Articles 1490 and successive of the Consumer Code.

 

  1. Applicable laws and jurisdiction

The contracts concluded by the users registered on the web site www.cartotecnicarossi.it are regulated by Italian law. They are specifically subject to the provisions of Art. 50 and successive of the Consumer Code if the users are "consumers".

Any dispute relative to the application, execution, or interpretation of these General Contractual Conditions will be settled by the Court of Vicenza.