Sales conditions

WARRANTY

SALES CONDITIONS

This document contains the General Conditions of Sale governing online purchases made through the website www.valmisa.it (hereinafter also referred to as the “Site”), owned and managed by Plastica Valmisa S.p.a. with headquarters in Via Arceviese n. 160, 30010 Pianello di Ostra (AN) – ITALY, registered with the Chamber of Commerce of Ancona (Italy) under no. 9753 of the Business Register, Tax Code and VAT number: 00694910423.

The products purchased on the Site are sold directly by Plastica Valmisa S.p.a. with headquarters in Via Arceviese n. 160, 30010 Pianello di Ostra (AN) – ITALY, registered with the Chamber of Commerce of Ancona (Italy) under no. 9753 of the Business Register, Tax Code and VAT number: 00694910423, hereinafter also referred to as the “Seller”.

For more information, you can contact the Seller’s Customer Service by telephone at +39 071 688686 or by e-mail to the ordinary e-mail address info@valmisa.it.

These general conditions of sale regulate on-line purchases made by both business subjects (business to business) and consumer subjects (business to consumer), reserving only to the latter the protection tools provided for by the Consumer Code (Legislative Decree . 206/2005) as specified below.

Art. 1 – Definitions
1.1. By “Customer” we mean the person who places the order on the Site.
1.2. “Consumer Customer” means the natural person who places the order on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, subject to the legislation referred to in Legislative Decree 206/2005.
1.3. The “Seller” or “Supplier” is Plastica Valmisa S.p.A. with headquarters in Via Arceviese n. 160, 30010 Pianello di Ostra (AN) – ITALY, registered with the Chamber of Commerce of Ancona (Italy) under no. 9753 of the Business Register, Tax Code and VAT number: 00694910423, company with which the Customer concludes the sales contract and which is the owner and manager of the Site, as well as the Supplier of the products sold online.
1.4. The term “Order Confirmation” means the notice sent to the Customer by e-mail with which the Seller provides the final details relating to the purchase contract stipulated and of which these General Sales Conditions are an integral part.
1.5. By “Products” we mean the tangible assets present in the electronic catalog (or in the showcase) published on the Site, better described in the individual product sheets and reported in detail in the Order Confirmation following the purchase.
1.6. “Price” means the contractual amount of the Product indicated in the electronic catalog (or showcase) published on the Site and subsequently reported in the Order Confirmation, including VAT.

Art. 2 – Conclusion of the contract
2.1. In order to conclude the purchase contract for one or more Products on the Site, the Customer must fill in the order form in electronic format, taking care to enter their data as requested in the form itself and transmit it electronically to the Seller, following the instructions on the Site.
2.2. To conclude the purchase contract it is necessary to proceed with registration on the Site: the Customer must create their own “account” (personal profile) by filling in some forms on the Site, taking care to correctly enter their personal data as requested in the forms electronic registration.
2.3. The Customer assumes responsibility for the truthfulness and correctness of the personal data entered and released to the Seller during registration and sending the order form. It is understood that any damage / delay / inconvenience referable to and / or attributable to the incorrectness and / or untruthfulness of the personal data entered at the time of registration and / or subsequently being modified, cannot in any way be attributed and / or charged. to the Seller.
2.4. The order form contains a reference to the General Conditions of Sale and a summary of the main information of each Product ordered; in particular, the price (including all applicable taxes and / or duties), the means of payment that can be used and the methods of delivery of the Products ordered together with the relative costs are indicated. There is also a reference to the general conditions of use of the Site.
2.5. Before proceeding with the purchase by sending the order form, it is the Customer’s obligation to carefully read these General Conditions of Sale and the General Conditions of Use of the Site, as well as to print and / or store a copy for each need. In particular, before the conclusion of the online purchase and payment procedure, the Customer will be invited to read and accept these General Conditions of Sale by “Click”, as well as to print and / or store an electronic copy and in any case keep the same.
2.6. The contract is concluded when the Seller receives the corresponding order form electronically.
2.7. In fact, by submitting the order form, the Customer unconditionally accepts and undertakes to observe these General Conditions of Sale in relations with the Seller.
2.8. The order form will be filed in the Seller’s database for the period necessary to process the order and in any case in accordance with the law. The customer can access the order form by consulting the “Personal Area”> “My orders” section and entering their access data.
2.9. The language available to conclude the contract is Italian; the Site allows access based on the language chosen between Italian and English.
2.10. Once the contract is concluded, the Seller will process the corresponding purchase order.
2.11. The Seller reserves the right not to process purchase orders sent by the Customer if sufficient guarantees of solvency are not provided or if the data provided by the latter is incomplete or incorrect. In these cases, the Seller will, via e-mail, inform the Customer of the failure to conclude the contract, indicating the reasons why it was not possible to process the order.
2.12. In general, all the items on the Site are immediately available, unless requested by the Customer to personalize them. However, the Seller cannot under any circumstances be held responsible for the temporary unavailability of one or more products. If specific products presented on the site are no longer available or on sale after sending the order form, it will be the Seller’s responsibility to notify the Customer of the aforementioned unavailability before the Order Confirmation. Without prejudice to what is agreed below in art. 6 for the Consumer Customer, the sending of the order form by the Customer is also valid as acceptance of any partial delivery, limited to the products available as part of those ordered, as well as as a waiver of requesting compensation for this reason. and / or indemnities. If the Customer has already paid for the complete order, the Seller will refund the amount corresponding to the unavailable products in the manner described below in art. 7.
2.13. Once the contract is concluded, the Seller will promptly send the Order Confirmation to the Customer, to the e-mail address and in the language indicated. This document will contain the list of products actually purchased together with their main characteristics, including that relating to the price including VAT. It will also contain all information relating to shipping data, costs and expected delivery times. In addition, the total cost of the order (with and without VAT) will be indicated with the relevant and any applicable taxes and / or duties and the main information relating to the payment made. Finally, the document in question will contain a summary of the Conditions of sale, the General Conditions of use of the Site and the Seller’s tax data (Name, Legal form, Registered office, Registration in the Register of Companies, Tax Code, VAT number and Responsible), as well as in the case of a Consumer Customer also the methods and timing for exercising the right of withdrawal.

Art. 3 – Guarantees and after sales
3.1. The Products offered on the Site are exclusively top quality products; the Seller does not market products that are irregular or of lower quality than the corresponding standards offered on the market.
3.2. The essential characteristics of the products are indicated on the Site at each detail page of the Product. However, the images and colors of the products offered for sale may not correspond to the real ones due to the Internet browser and monitor used, which is why the Customer accepts these differences.
3.3. The Seller pays the utmost attention to compliance with what is described and presented on the Site with respect to what is reported in the catalog and / or in the showcase. In any case, it is emphasized that, where differences are found, the indications for use of the Product provided by the Supplier will always prevail.
3.4. Upon delivery by the courier of the purchased Product, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the packaging is intact, not damaged, wet or otherwise altered. also in the closing materials (adhesive tape or metal straps). Upon receipt of the Products, the Customer must:

• make sure that the packaging is intact. Otherwise he must not collect the Products and leave them with the courier. If this happens, the Customer is required to promptly notify the Seller in order to proceed with the return of the purchased goods quickly;
• sign the goods receipt document presented by the courier always inserting the words “ACCEPTED WITH RESERVE”. In this way it will be easier and faster to obtain any reimbursement for damage attributable to transport;
• photograph the package – if the Products received are damaged or incomplete / incorrect – both outside and inside so that, in the event of a refund request, the Seller may request this material to verify the actual problem.
Once the courier’s document has been signed, the Customer will not be able to make any objection about the external characteristics of what has been delivered and the risk of loss or damage to the Products will be transferred to the Customer in all respects.
3.6. The Seller is liable to the non-consumer Customer within the terms provided for in Articles. 1490 and ss. of the Civil Code for defects and faults in the products sold and for which the Customer has made the relevant complaint within 8 (eight) days of discovery.
3.7. The Customer may activate the guarantee for defects in the goods sold referred to in par. 6 of this article through the web contact form, present on the “CONTACTS” page, e-mail (info@valmisa.it) or fax (+39 071 688550) within the respective terms of forfeiture, specifying the reason “guarantee for non-product compliant “, the order code and the reason for the complaint. The Seller, having verified compliance with the above requirements, will indicate to the Customer the procedures envisaged for the repair or replacement of the product under warranty. The Seller, where necessary, will arrange, at its own expense, to have the defective Product collected via an express courier, directly at an address indicated by the Customer. After receiving the product, the Seller will evaluate its actual alteration and, in the event of a positive response, will repair or replace the goods at its own expense, no later than 30 (thirty) days from the date of receipt of the made. In the event of a negative response, the Seller will promptly notify the negative outcome of the return procedure to the Customer, to whom no replacement product will be sent. In any case, the Customer may, at his own expense, collect the product from the Seller no later than 30 (thirty) days from the notification of the negative outcome of the procedure.
3.8. The aforementioned guarantees will apply correctly if the following conditions are also fully respected: a.) The request for opening the warranty intervention procedure contains the information relating to the order code and reason for the return; b.) the returned products are sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept products from the same order, returned and shipped at different times. The Seller reserves the right to ask the user to attach to the request to take advantage of the legal guarantee of conformity, the Order Confirmation and / or DDT or other document proving the date of the purchase and the delivery date.
3.9. Seller is not liable or obligated to indemnify indirect, immaterial or collateral damages, including (without limitation): loss of profit, loss of income, production limitations, administrative or personal costs, loss of customers or third party legal actions.
3.10. The limitation of liability referred to in the preceding paragraphs does not apply in the event of fraud, willful misconduct or serious error committed by the Seller, or serious injury or death caused by gross negligence on the part of the Seller.

Art. 4 – Payments
4.1. The Seller will only accept payments in Euro currency.
4.2. For the payment of the price of the products and the related shipping and delivery costs, the Customer may use one of the methods indicated in the order form.
4.3. In case of payment by credit card, the entire payment procedure will be managed, in absolute safety, by WEB MONEY. Consequently, the Seller will never be in possession of any sensitive information (for example, the complete number of the credit / debit card, or the security code).

Art. 5 – Shipping and delivery of Products
5.1. The Seller ships its products by carrier and uses primary express couriers. Delivery takes place in Italy, approximately in 1-3 working days (ie from Monday to Friday), abroad from 3 to 5 working days from receipt of the order form.
5.2. The Seller undertakes to do everything necessary to respect the delivery times indicated above, but will in no case be held responsible for damage or inconvenience caused by any delays.
5.3. Different home delivery methods are made available to the user and for each of them the delivery terms and related costs or calculation methods are indicated on the order summary page and on the Shipping page.
5.4. All the above costs are inclusive of VAT, to the extent of applicable law.
5.5. The Customer is required to always check the number and integrity of the packages. In the event of anomalies or damage, the complaint must be made immediately to the courier, refusing the delivery and promptly reporting the incident to Customer Service. The costs of replacement and redelivery will be entirely borne by the Seller.

Art. 6 – Right of withdrawal for the Consumer Customer
6.1. Pursuant to Article 52 of the Consumer Code, only the Consumer Customer will have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within the terms and in the manner indicated in the following articles.
6.2. To exercise the right of withdrawal, the Consumer Customer must send the Seller a communication to this effect to the Customer Service, within 14 days from the date of receipt of the Products for which the right of withdrawal is exercised by sending an e-mail to the address of e-mail info@valmisa.it or a written communication by post or fax (n. +39 071 688550 to Plastica Valmisa S.P.A. Via Arceviese n.160, 30010 Pianello di Ostra (AN) – ITALY.
6.3. Once the aforementioned notice of withdrawal has been received, the Seller, having verified compliance with the terms for exercising the right of withdrawal, will send, through its Customer Service, an “opening returned” email to the Consumer Customer, containing the procedure to be followed for the return of products (also available for consultation on the Site in the section “Return procedure for withdrawal”).
The returned Product must be received by the Seller within 14 days of receipt of the communication of the opening returned for withdrawal.
6.4. Once the products have been received, the Seller will open a refund procedure (available for consultation in the “Refunds” section) if and only if the products have been sent within the set deadlines (the postmark or the date of delivery to a possible courier) and if the products are perfectly intact and in their original packaging complete in all its parts (product packaging and ancillary documentation) and repackaged in such conditions that they can be put back on sale.
6.5. In the event of withdrawal communicated by the Consumer Customer according to the methods referred to in the previous article, the Seller will refund the Customer all the amounts paid by the latter, including those by way of delivery costs of the Products, within 14 days of receipt. of the notice of withdrawal sent by the Consumer Customer. The return costs are charged to the Consumer Customer. The Seller provides the possibility to collect the product via an express courier, directly to the address indicated by the customer, with a cost of € 15 per box, which will be deducted from the total amount of the refund. The shipment, up to the certificate of receipt in the warehouse indicated by the Seller, is under the full responsibility of the Consumer Customer. Upon arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not caused by transport. If the package and / or the original packaging are damaged, the Seller will deduct from the refund due a percentage equal to the respective loss in value of the Product.
6.6. In the case of Orders including multiple Products, it will be possible to exercise the withdrawal in relation to one or more Products of the Order, specifying the description of the Products to be returned in the notice of withdrawal. In these cases, the refund will be made according to the methods indicated in the previous paragraph.
6.7. Regardless of the correspondence between the recipient of the Products indicated in the order form and whoever made the payment of the sums due for their purchase, the reimbursement of the sums will always be performed by the Seller in favor of the person who made the payment (identified as the holder of the credit card used for the purchase). The Seller, also in compliance with the Consumer Code, reserves the right to withhold the refund until it has received the returned Products or until the Customer has proved that he has returned the Products.
6.8. In accordance with the provisions of art. 59 of Legislative Decree 206/2005, the right of withdrawal is excluded in the event that the Consumer Customer has requested the supply of tailor-made and / or personalized goods.

Art. 7 – Returns
7.1. The return procedure will be opened only for neutral and therefore non-personalized products following a request by the Consumer Customer to exercise the right of withdrawal. In any case, following the request by the Consumer Customer, the Seller will verify the actual existence of the conditions necessary for the opening of a return procedure.
7.2. Following the opening of a return procedure, the Seller will send the Consumer Customer an e-mail containing a description of how to return the product.
7.3. The return shipping costs are charged to the Consumer Customer. The Seller provides the possibility to collect the product via an express courier, directly to the address indicated by the customer, at a cost of € 15 per package, which will be deducted from the total amount of the refund. The Consumer Customer must make himself available to send the courier on a working day, at the address indicated by him.
7.4 The returned package must necessarily contain a copy of the Order Confirmation sent to the e-mail address indicated by the Consumer Customer or the waybill on the package upon receipt. In no case will not be collected parcels on delivery or carriage forward.
NOTE: The costs for the return service of non-EEC orders may vary. The costs will be calculated and communicated following the opening of the return procedure and will vary depending on the number of packages and the country of origin.

Art. 8 – Refund times and methods
8.1. The reimbursement procedure can refer to two types of situations that occurred:
a.) reimbursement of the total amount relating to an order for which the Consumer Customer has exercised the right of withdrawal;
b) reimbursement, even partial, relating to an order for which the unavailability of one or more products has occurred;
8.2. Whatever the payment method used by the Customer and except as indicated in the matter of withdrawal from the previous articles, the refund is activated by the Seller as quickly as possible and in any case within 30 (thirty) days from the sending of the Order Confirmation (in the case of a refund partial due to the unavailability of one or more products) and 14 (fourteen) days from receipt of the Notice of withdrawal (in the case of withdrawal) using where possible the same payment channel with which the order was placed.
8.3. Regardless of the correspondence between the recipient of the products indicated in the order form and whoever made the payment of the sums due for their purchase, the reimbursement of the sums will always be performed by the Seller in favor of the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer used for the purchase was made).

Art. 9 – Privacy
9.1. The privacy information is contained in the Information on the processing of personal data which is an integral part of these Conditions of Sale.
9.2. For any other information on the privacy management policy, a specific request can be sent to the following e-mail address: info@valmisa.it.

Art. 10 – Applicable law
10.1. These conditions of sale are governed by Italian law.

Art. 11 – Jurisdiction
11.1. For any dispute that may arise regarding the application and / or interpretation of these General Conditions of Sale and the supplies of orders placed and forwarded pursuant to them, it will be exclusively subject to Italian jurisdiction and in particular to the jurisdiction of the Ancona court. , except in the case of disputes with Consumer Customer that if resident in Italy the judge of the place of residence or domicile of the same will be competent, while if resident abroad the jurisdiction will be identified in the same judge where the same has his domicile .

Art. 12 – Online dispute resolution for the Consumer Customer
12.1. The Consumer Customer can make use of the out-of-court settlement tools on the telematic platform as required by Articles 141 and ss. Legislative Decree 206/2005.

Pursuant to and for the purposes of articles. 1341 and 1342 of the Italian Civil Code the Customer declares to have read carefully, to know and to expressly accept the content of the following clauses:
ART. 2 – CONCLUSION OF THE CONTRACT, paragraphs 2.3, 2.4, 2.11, 2.12;
ART. 3 – GUARANTEES AND AFTER-SALE INTERVENTIONS, paragraphs 3.5, 3.8, 3.9;
ART. 4 – PAYMENTS;
ART. 5 – SHIPPING AND DELIVERY OF PRODUCTS, paragraph 5.2;
ART. 9 – PRIVACY;
ART. 10 – APPLICABLE LAW;
ART. 11 – JURISDICTION.