GENERAL TERMS AND CONDITIONS OF SALE
1. Identification of ROTOGRAFICA S.r.l.
The services object of this General Terms and Conditions of Sales are disciplined by ROTOGRAFICA s.r.l. based in Limena (Padua), Via Luigi Pierobon, 58 registered with the Camera di Commercio di Padova at registration number REA PD-62088 – Tax Code number 00211920285 VAT number n.02166030284 henceforth called “ROTOGRAFICA S.r.l.”, certified e-mail ROTOGRAFICA@KPEC.IT
1.1 The expression “on-line contract” means the contract concerning the printing services offered by Rotografica S.r.l., agreed by itself and the Client in a setting of a distance sales system managed through on-line instruments, organized by Rotografica S.r.l.
1.2 The expression “Client” refers to the subject (company, business corporation/ freelance professional, private citizen, association or entity) which/who place the order, which/who will be required to identify and register itself/himself/herself according to the procedure provided by the website www.youpackaging.com
1.3 The expression “Rotografica S.r.l.” refers to the subject described in the introduction that is the information service supplier.
2. Object of the on-line contract
2.1 As a result of each on-line contract, “Rotografica S.r.l.” sells and the Client purchases remotely, through on-line instruments, the printing services on sale above indicated on the website www.youpackaging.com
2.2 The products on sale above mentioned are displayed on the website www.youpackaging.com and subject to variations, which Rotografica S.r.l. unilaterally reserves the right to bring about at any time before the conclusion of each on-line contract.
2.3 Every order placed entails the stated acceptance and without reserves from the Client to the present general terms and conditions, which become from that moment essential part of the on-line contract.
3. Procedures for the on-line contract stipulation
3.1 The on-line contract between Rotografica S.r.l. and the Client is successfully concluded only via internet after the Client has entered www.youpackaging,com and, following the directions of identification and registration, formalized his/her proposal of purchasing the previously selected services by filling out the request form.
4. Conclusion and effectiveness of the on-line contract
4.1 The contract is successfully concluded with the acceptance of the on-line generated purchase order of the system of Rotografica S.r.l. which will be displayed on the summary page, printable, where the Client can see his/her personal data and order details, such as the prices for the purchased services, possible shipment costs and extra tax burdens, payment deadlines and methods, the delivery address and time.
4.2 When Rotografica S.r.l. receives the purchase order, it provides the Client with a confirmation e-mail with the information details above mentioned.
4.3 The contract is not successfully concluded and efficacy between the parties in default of what stated in the previous clauses, and nonetheless, Rotografica S.r.l. will not execute it in default of the anticipated payment, according to what is established in the next article 5.
5. Payment methods
5.1 The Client should provide Rotografica S.r.l. with the agreed payment in advanced through credit card, PayPal or Bank transfer, following the purchase procedure instructions published in the website.
5.2 The necessary information for the payment will be forwarded, through cryptographic protocol, to the payment institute, which Rotografica S.r.l. has entrusted with the distance electronic payment services, with no access capability for third parties.
5.3 The Client should make the payment in advance, and only after Rotografica S.r.l. has received the payment and the “printable” template, the purchased services will be carried out by Rotografica S.r.l.
5.4 For payments via bank transfer, production will begin only after payment is received, and therefore delivery may be delayed of 2-3 days, in addition to the time needed for printing and shipping. In this case, the Client should insert the order number in the payment description section to clearly identify the transaction.
5.5 The invoice will be available in the private area of the Client’s on-line account; it will be up to the Client to enter the personal account, print the invoice and keep it for record according to the current law.
5.6 All payment communications take place in a designated line of Rotografica S.r.l., protected by a coding system. Rotografica S.r.l. does not manage credit card and PayPal payments which are both entrusted to external financial intermediaries.
5.7 Tutte le comunicazioni relative ai pagamenti avvengono su una apposita linea di Rotografica S.r.l. protetta da sistema di cifratura. Rotografica S.r.l. non gestisce i pagamenti con carta di credito e PayPal che sono affidati ad intermediari finanziari esterni.
6. Delivery and Shipping Times
6.1 Once Rotografica S.r.l. has received the payment as stated in the previous article 5, it will provide the Client with the purchased products in the time and method stated during the order placement in the website, as confirmed by the e-mail mentioned in art. 4.2.
6.2 Shipping times are subject to variations to those stated during the order placement and confirmed by e-mail. In the case Rotografica S.r.l. will not be able to ship the products within the settled time, the Client will immediately receive an e-mail with the details.
6.3 The shipment methods, times and charges are clearly stated and detailed in the website www.youpackaging.com
7.1 All the services prices shown and displayed on the website www.youpackaging.com are expressed in euros and they constitute an offer to the public in accordance to the art. 1336 c.c.
7.2 The prices above mentioned exclude VAT and any other taxation. Shipment costs and any other extra charges (such as import and customs duties), whenever they apply, even if not included in the final price, should be specified and calculated by the Client during the purchase procedure and before the order placement, as well as they will be displayed in the summary page of the Client’s website account.
7.3 The prices regarding the services offered by the Rotografica S.r.l. have an expiry date shown in the website and can be changed any time before the conclusion of each on-line contract, at the Rotografica S.r.l.’s incontestable discretion.
8. Liability Disclaimer
8.1 8.1 Rotografica S.r.l. will not be held responsible by the Client and/or the customer and/or the beneficiary of the service for damages of any kind, whether direct or indirect, deriving from possible errors, of any type, in the printing of the document sent by the Client or due to the reception of a wrong material. In that case, Rotografica S.r.l. will exclusively carry out one reprint of the material. Likewise, Rotografica S.r.l. will not be held responsible for any damage, whether direct or indirect, attributable to the default or delay in the material delivery, as well as possible defects in the material packaging; in that case, Rotografica S.r.l. will exclusively carry out one reprint of the material provided that the Client accepts the material by signing “goods subject to verification” and listing all defects in the courier receipt, as well as the Client must convey a complaint to Rotografica S.r.l. via facsimile at +39 0498840448 or via e-mail at
email@example.com as soon as possible and within 8 days of the delivery of the material. Other possible mistakes of the material printing or packing should be reported via e-mail to firstname.lastname@example.org along with the photography documentation attached and order number reference accurately specified within 8 days of the delivery of the material. The e-mails received before hour 4:00pm of a working day will be responded within the next working day.
8.2 The Client takes on the responsibility for the paternity of the contents and images to be printed as Rotografica S.r.l. is exempt from the obligation of examine those contents; therefore, the Client takes on any responsibility towards third parties who might claim damage to image, honour, decorum, moral integrity or any monetary or non-monetary damage in consequence of the printing of contents and images uploaded by the Client. The Client hereby releases Rotografica S.r.l., undertaking therefore to indemnify it, from any responsibility to third parties that might complain and ask for indemnification to Rotografica S.r.l.
8.3 Rotografica S.r.l. will not be held responsible for disservices due to force majeure, in the case it will not be able to carry out the order in the time established in the on-line contract (for instance, as a result of a natural disaster).
8.4 Rotografica S.r.l. will not be held responsible towards the Client, with the exception of fraud and serious negligence, in the case of disservice or malfunction regarding the use of internet beyond itself and its suppliers’ capabilities.
8.5 Rotografica S.r.l. will not be held responsible for damages, losses or expenses charged to the Client in consequence of the default of execution of the on-line contract due to causes not attributable to itself.
8.6 Rotografica S.r.l. will not be held responsible for possible illegal and fraudulent use made by third parties of credit cards, cheques and any other payment means, during the moment of payment, whenever it demonstrates to have used all the necessary caution based on the best current science and experience and with the best diligence.
9. Warranty and Assistance Methods
9.1 Rotografica S.r.l. accounts for any possible defect caused by non-compliance which comes up within 60 days after the delivery.
9.2 The Client loses any right of complaint if the defect of compliance is not reported to Rotografica S.r.l. within 8 days from the date the defect has been detected. It is not necessary to report the defect if Rotografica S.r.l. has recognised or hidden the existence of the defect.
9.3 In case of defect of compliance, the Client will be able to choose and ask for one of the following means of compensation, without paying any extra charges, the replacement or the repairing of the material, a price reduction on the purchased material or the on-line contract termination, unless the Client’s request is considered objectively impossible to comply with or excessively onerous for Rotografica S.r.l., in accordance with art. 130, comma 4, of customer’s code.
9.4 The Client’s request should be sent by a register letter through certified mail or certified e-mail, addressed to Rotografica S.r.l. which will notify its availability to accept the request or, in case, the reasons why it will not be able to comply with it, within 7 days from the receipt of the request. In this feedback, in case Rotografica S.r.l. has accepted the request, it will communicate the method for shipment or returning to Rotografica S.r.l., as well as the due dates for return or replacement of the defective products.
9.5 In case the material repairing or replacement will result impossible to comply with or excessively onerous to Rotografica S.r.l., or Rotografica S.r.l. has not comply with the repairing or replacement of the material as above established, or the repairing or replacement carried out has caused significant inconveniences to the Client, the Client will be able to choose between and ask for a corresponding price reduction or the on-line contract termination. In this case, the Client should send the request to Rotografica S.r.l. which will notify its availability to accept the request or, in case, the reasons why it will not be able to comply with it, within 7 days from the receipt of the request.
9.6 In case Rotografica S.r.l. has accepted the Client’s request, it will communicate the price reduction offered or the replacement method of the defective product. I this case, it will be a duty of the Client to communicate the method to receive the refunds of the sums which have been paid earlier to Rotografica S.r.l.
10. Client’s Duties
10.1 The Client commits to paying the purchasing services within the time and by the means specified in the website, being understood that, otherwise, Rotografica S.r.l. will not execute the order.
10.3 The information contained in the present general terms and conditions of the on-line contract has been examined and accepted by the Client, who acknowledges it, since this is a compulsory step to follow before the purchasing confirmation.
11. Reasons for the legal termination of the on-line contract
11.1 The responsibilities taken by the Client, stated in clause 12.1, as well as the correct receipt of the payment provided by the Client by the means stated in clause 5.1, along with the fair compliance with obligations from Rotografica S.r.l. stated in art. 6, are essential for the agreement of the parties, so unless causes determined by force majeure or any other event beyond the parties’ control, the non-compliance of one of the previous responsibilities and obligations will entail the contract legal termination ex art. 1456 cod. civ., without need of judge pronouncement.
12. Responsibilities of the Client
12.1 The Client takes on the responsibility for the paternity of the contents and images to be printed as Rotografica S.r.l. is exempt from the obligation of examine those contents; therefore, the Client takes on any responsibility towards third parties who might claim damage to image, honour, decorum, moral integrity or any monetary or non-monetary damage in consequence of the printing of contents and images uploaded by the Client. The Client hereby releases Rotografica S.r.l., undertaking therefore to indemnify it, from any responsibility to third parties that might complain and ask for indemnification to Rotografica S.r.l.
14. Notices and Claims
14.1 The notices directly addressed to Rotografica S.r.l. will be effectively taken into consideration only if sent to: Via Luigi Pierobon, 58- 35010 Limena (Padova) Italy, or via facsimile at +39 0498840448 or by e-mail to email@example.com. The Client should write in the registration form his/her home or residence address, his/her telephone number or e-mail address where he/she prefers to receive the notices from Rotografica S.r.l.
15. Jurisdiction for Legal Entities
15.1 For all disputes regarding the interpretation and/or execution of every on-line contract, the parties recognise the exclusive jurisdiction of Forum of Padua (Italy), regardless the address where the on-line contract was concluded and the Client’s residence.
15.2 in the case the Client is classed as a “consumer” in accordance and for the purposes of the Consumer Code, the jurisdiction will be the one in force in the Client’s residence.
16. Applicable Law and indictment
16.1 All on-line contract is subject to Italian law.
17. Final Clause
17.1 Every on-line contract revokes and replaces any other agreement, deal, negotiation, written or spoken, that had previously taken place between the parties concerning the object of the contract.