GENERAL TERMS AND CONDITIONS FOR on-line SALES
The goods made subject to these General On-line Terms and Conditions of Sale are sold by Plaber S.r.l., having registered offices at via Divisione Tridentina no. 10, 36061 Bassano del Grappa (VI), registered with the Vicenza Chamber of Commerce under no. 315124 VI Companies Register – Tax Code and VAT no. 03312270246, and paid up corporate capital of € 50.000,00, hereinafter referred to as the “Seller”, e-mail email@example.com, phone +39 0424809150, fax +39 0424808548.
Please use the above numbers and addresses for any claims or other communications.
The Seller wishes to point out that it may need to amend these terms and conditions as a result of legislative amendments; users are therefore asked to read the same periodically.
Before forwarding your order, you acknowledge that you have read and unconditionally accept these general terms and conditions of sale, in particular, the pre-contractual terms set forth below, and the annexes attached hereto.
The contract, as set forth below, may be completed, at the Buyer’s discretion, in any language in which the Terms and Conditions are published on this Website.
1.1. The term “electronic commerce contract” means conducting business and transactions via electronic means.
1.2. The term “Buyer” means the “Customer”, or consumer (natural person) who makes the purchase for purposes other than business, artisanal or professional activities, or anyone who purchases as a “Professional” for any scope related to its industrial or business activities, or a Professional (natural person or legal entity) who carries out entrepreneurial, business, artisanal or professional activities, or a broker or agent thereof.
1.3. The term “Seller” (i.e. the owner of the e-commerce website), means the person indicated above, namely the individual or legal entity who runs its business or professional services, providing goods or services.
2. SUBJECT MATTER OF THE CONTRACT.
2.1. Pursuant to this contract, the Seller sells, and the Buyer purchases, with web tools, goods or services on the website www.onabags.eu.
2.2. The products/services in question are available on the web page www.onabags.eu where the catalogue is posted on the website. The products that are published and shown on-line are true to the characteristics of the products. The products, above all the hand-made products, are characterised by the natural materials of which they are made. The knots and subtle variations in colour and texture are therefore not flaws or defects, but simply characteristics of the natural materials used to manufacture the product.
2.3. The company in any case declines all and any liability for colour variations of the the product images on its website with respect to the original, that may be caused by malfunctioning or specific settings of the computer used by the Buyer, or other reasons beyond the Seller’s control.
2.4. Should the image differ from the description given by the product data sheet, the written description shown on the latter in any case prevails.
3. CONCLUSION OF THE CONTRACT
3.1. The contract between the Seller and the Buyer is concluded exclusively through the web. After logging in to www.onabags.eu, the Buyer should follow the procedures shown on the website to confirm acceptance of the goods/services indicated by point 2.
3.2. More specifically, the contract is concluded when the purchase order is sent to the above internet address, after checking that the data indicated are correct. A printable web page summary of the order will be displayed or an e-mail will be sent to the address indicated, showing: the details of the customer, the order and prices of the goods purchased (in Euro inclusive of VAT), the shipping and delivery costs and any additional charges, the terms and conditions of payment, the delivery address, the date of delivery and how to enforce your right of withdrawal, including instructions on how to return products.
3.3. Once payment is received, the Seller will issue the relevant tax document in accordance with the provisions of Presidential Decree no. 633/1972 if required by the law, and if requested, before forwarding the order.
3.4. After concluding the contract, the Seller will process the purchase order.
4. HOW TO CHANGE INCORRECT DETAILS BEFORE SHIPMENT.
Before sending the order, or after forwarding it, the same may modified by sending an email to firstname.lastname@example.org.
5. FILING THE CONTRACT
5.1. The Buyer should keep a copy of these general terms and conditions of sale on a file or hardcopy.
5.2. All orders received are filed in digital/hardcopy format on the server or premises of the Seller, in compliance with principles of confidentiality and security.
6. PAYMENT METHOD.
6.1. The Buyer may pay the goods/services purchased in any of the ways indicated hereunder. No extra fees will be charged to the Buyer for use of the above, unless payment is made on a cash on delivery basis.
6.2. Payments may be made Credit Card (Visa – MasterCard): the first order will be processed only once the Seller’s bank has contacted the Buyer’s bank to check and confirm the Buyer’s details. The order will be shipped only once this check has been completed successfully. This means that it may take a little longer to process your first order.
In all cases, the Customer must confirm that he or she is the legal holder of the credit card. Payments may also be made with PayPal-type credit cards (in this case you will not need to enter your credit card number or other personal details, but simply your email and password. This type of card may be used to purchase on-line against the funds available on the card), PostePay (this is a prepaid card that runs on the Visa Electron circuit sold by Poste Italiane, the card is a top up card not linked to a current account, that is used to make on-line purchases against the funds available on the card).
7.1. All sales prices of the products shown and indicated on the website www.onabags.eu are in Euro, and represent the price offered to the public, as set forth by art. 1336 of the Italian Civil Code.
7.2. Unless otherwise provided by point 8 hereunder, the sales prices mentioned above include VAT and any other applicable taxes. Shipping costs and any ancillary charges (e.g. customs clearance), if any, will be paid in full by the Customer.
7.3. The prices shown next to the products offered to the public are valid until the date indicated by the catalogue/website or until such time as they are modified, on the understanding that the price shall be that indicated at the time of purchase.
7.4. The price of the product will be that indicated on the website from time to time, and is intended as valid other than in the case of obvious errors. Should this occur, the Buyer will be informed immediately and will be allowed either to confirm the order at the correct price or cancel the order. Should the Seller be unable to contact the Buyer, the order will be cancelled and the full amount paid by the Buyer will be refunded to the same. There is therefore no obligation to supply an item at a lower price which has been indicated in error (even if the Shipping Confirmation has already been sent), if the price error is clear and obvious, and it is reasonable to consider the same as incorrect.
7.5. Discounts and promotions: personal discount or promotion codes should be entered when payment is made. The code should be entered in the “Discount Code” area of “Your Cart”.
8. TAX INFORMATION: VAT EXEMPTION AND IMPORT TAXES.
8.1 The Price applied to customers residing in Italy and EU countries.
The prices of products posted on the website www.onabags.eu include VAT and any other applicable taxes.
8.2 The Price applied to customers residing in non-EU countries.
In the case of orders for non-EU countries, the price of the goods and the order total, are automatically displayed net of VAT, and thus without Value Added Tax. The final invoice shows the VAT exemption.
8.3 Import Taxes.
In accordance with the internal regulations of each Country, shipments to a non-European Union country are exempt from VAT (Value Added Tax), but are subject to import taxes (DDU – Delivery Duties Unpaid). Only the end customer pays the above import taxes (DDU). Import taxes (calculated according to the internal regulations of each country), are not included in the prices of the products published on the website. If VAT is not due, the system deducts the same from the amount due when payment is made.
9. DELIVERY TERMS.
9.1. If an order that is to be delivered in Italy is made before 12:00 H, with exception of public holidays and weekends, the order will be processed within 24 (twenty-four) hours, and the Seller will deliver the products ordered, without undue delay, within the next 96 hours.
For deliveries in Calabria, Sicily and Sardinia, delivery will be made, without prejudice to the above, within the next 4 business days.
The Seller declines all and any liability for delays caused by circumstances of force majeure, errors in advising the delivery address or if the Customer is not at home when delivery is made.
Delivery of orders outside the Italian territory, will be made within 10 business days from the order, provided the same is made before 12:00 H (GMT +1).
In any case, holidays and weekends are not included when calculating the time required for delivery.
Orders received from Friday night through to Sunday night will be processed on the following Monday or Tuesday.
9.2. Shipping times and costs may vary according to the geographic location to which the goods are shipped, but in any case may not exceed thirty (30) days from receipt of the order. The delivery times indicated are approximate and non-binding.
9.3. If the Seller is unable to make delivery within the term indicated by point 9.1., you will be informed immediately by email or telephone if you have provided these details when making the order.
10. SHIPPING INFORMATION.
10.1. Delivery costs – Italy.
Deliveries in Italy are made through the express courier UPS.
Shipping costs may be calculated on the form in the payment area, and when completing the order. The shipping cost for orders in Italy having a value below € 199.00 is € 13.00 inclusive of VAT, while shipping is free for orders above € 199.00.
10.2. Shipping Costs – EU and Abroad (Non-EU).
Shipments abroad are made through the express courier UPS (or another courier) and are accompanied by an official invoice indicating the value of each item in Euro. In the case of bargain sales items, the invoice indicates the discounted prices. The shipping cost within the European Union, through UPS, is € 25.00, while the cost of shipments to countries outside the European Union is € 40.00. Shipping is free for orders having a value above € 199.00 (within the European Union), above € 299.00 (outside the European Union).
10.3. If an item is in stock, shipment is made immediately (after checking the Buyer’s details, including bank details), in other words, as indicated above. If any item ordered is not in stock, the Seller will inform the Buyer immediately, or in any case, in the shortest possible time, that the goods ordered cannot be delivered. In this case, the Buyer may withdraw from the contract, and obtain refund of the amount paid, or choose another product/or service that is currently available.
10.4. As set forth by international commercial regulations, all shipments made through the express courier UPS on behalf of the Seller are dispatched from Bassano del Grappa (VI), and are accompanied by an official invoice declaring the exact value of the items shipped in Euro.
10.5. The Buyer may view the order status by logging into its restricted area, or by connecting to the courier’s website www.ups.com, or by calling customer service on 02.30303039 (customer care number of the courier).
When your goods arrive, before signing for delivery, you should check that the parcel number indicated on the delivery envelope corresponds to the parcel number delivered, that the packaging is undamaged, and that there are no signs or tampering on the package or taping. In this case, the Buyer should sign the receipt indicating that it accepts the parcel subject to verification, or should refuse to accept delivery.
The Buyer in this case contact the Seller by writing to the e-mail address email@example.com within no more than 5 (five) days. Should it not be possible to make delivery to the address indicated by the Buyer, the parcel will be returned to the sender at the expense of the Buyer, and this amount will be deducted from any refund due to Buyer.
10.7. Undeliverable Merchandise.
If delivery cannot be made, after the second attempt to make delivery, the courier will automatically send an Undeliverable Merchandise Notice to the sender, indicating the reason for which delivery was not made and requesting instructions for delivery of the goods. This notice may be viewed by the Buyer, together with the order status, on the courier’s website. If no instructions are received from the Buyer after 3 (three) business days, the Seller reserves the right to request that the goods be returned to the same. In any case, all storage and redelivery costs will be paid by the Buyer.
11. PRODUCTS IN STOCK.
11.1. The Seller uses its computerised system to process and meet orders without delay. For this purpose, the number of products in stock or out of stock and the delivery times are indicated in its electronic catalogue in real time.
11.2. If an order exceeds the number of products in stock, the Seller will inform the Buyer – (or phone) either that the product is no longer available or the expected delivery times, requesting whether or not the Buyer intends to confirm the order.
11.3. The Seller’s computerised system will e-mail an order confirmation to the Buyer in the shortest possible time, as set forth by point 3.3.
12. RETURNS AND REFUNDS
Unless otherwise set forth by articles 17 and 18 of this Contract, only with respect to the terms for enforcement of rights, the Seller allows the Customer to return products. If you are not happy with the product and wish to return it, you may do so within no more than 14 (fourteen) days from delivery; refund will be made in the way suggested by the Seller subject to Buyers acceptance.
The Seller is not required to reimburse any additional costs incurred by the customer for a delivery method different to the less expensive standard delivery offered by the Seller. The sums will be returned without undue delay and in any case within 14 (fourteen) days, from the day the Seller is informed of the Buyer’s decision.
In the case of returns (annulment, conformity defects, return), unless the Seller has offered to collect the goods directly, the same may withhold the refund until it has received the goods or the Buyer has forwarded proof that it has returned the goods, whichever is earlier.
12.1. The procedure to follow in case of returns/annulment/conformity defects is the following:
Plaber s.r.l. has a simple and convenient returns procedure. The product/s should be returned to:
Plaber S.r.l., Via Div. Tridentina, 10 – I-36061 Bassano Del Grappa – Vicenza (Italy)
and the return is free of charge.
1) You should advise that you wish to return a product by sending an email, within no more than 14 (fourteen) days from the date of purchase, to the e-mail address firstname.lastname@example.org, indicating the order number and the reason why you are returning the product. If the return is approved, the prepaid UPS Return labels that you should attach to the original parcel, will be sent to the e-mail addressed indicated at the time the order is made, within 2 (two) business days. If the return is not approved, the Customer will receive an e-mail indicating why the return was refused.
2) Ensure that the products are in the same condition they were received, with all the tags attached and undamaged.
3) The item purchased should be undamaged and returned in its original packaging, complete with all the relevant parts (including packaging, documents and any additional items received: instructions, internal sections, etc.); in order to avoid damaging the original packaging, please place it in another box; do not attach labels or tape on the original packaging of the product.
4) You should call the courier or contact the same on-line in order to book the date on which the parcel is to be collected. The return service through the Seller’s courier is free of charge. The Customer does not have to use the Seller’s courier, but if a different courier is chosen to return the product, the delivery costs will be at the expense of the Customer who will also be responsible for theft or loss thereof.
5) The Seller reserves the right to check the goods returned and to assess any expenses that it may incur to relocate the product to the warehouse, depending on the condition of the goods.
6) The Seller reserves the right to request photographs if necessary, in order to evaluate the returns process. The price of the returned goods will only be refunded if the return is made in compliance with the procedure set forth by this clause, otherwise the product will be returned to the Customer, charging all the relevant costs thereto. Refund to the Customer will be made (if these conditions have been complied with) for the full amount paid for the product, within 14 days (fourteen) from the time the goods are returned, by cancelling the amount charged on the Credit Card.
7) The Return shall not be accepted in any of the following cases:
– If the product and consumables have been used, even in part;
– If you no longer have the original outer/internal packaging;
– If you no longer have any other items supplied with the product (instructions, internal parts or other items);
– If the damages to the product are caused by reasons other than transport.
13. INTELLECTUAL PROPERTY RIGHTS.
13.1 The Customer acknowledges and agrees that all the copyrights, registered trademarks and any intellectual property rights on all brands and contents used on the website (images, design, music, format, etc.), are the property of the Seller (and any other company who licenses the same to us).
13.2 All the material on this website is covered by copyrights.
13.3 All the content and images on the website are the property of Plaber S.r.l. Any use of such images and contents, not previously authorised in writing by Plaber Srl (and the licensor for their use), shall be prosecuted in accordance with the law.
14. LIMITATION OF LIABILITY.
14.1. The Seller declines all and any liability for the disruption of normal services caused by events of force majeure, that prevent the same from processing and meeting the order within the terms set forth by the contract.
14.2. Other than in the case of wilful misconduct or negligence, the Seller shall not be liable for any disruption of services or malfunctioning of the web and website for reason beyond its control or that of its suppliers.
14.3. The Seller shall moreover not be liable for damages, losses and costs incurred by the Buyer as a result of non-performance of the contract for reasons not attributable to the same, given that the Buyer is entitled only to full refund of the price paid and any ancillary charges incurred .
14.4. The Seller declines all and any liability for any fraudulent and illegal use by third parties, of the credit cards and other means of payment, when payment of the products is made, if it is able to prove that it has taken all the necessary precautions according to the best knowledge and experience currently available, and in accordance with ordinary diligence.
14.5. The Purchaser shall in any case not be liable for payment delays or problems, if it is able to prove that it has made payment in accordance with the terms set forth by the Seller.
14.6. The Seller reserves the right to modify the Website and/or amend these legal terms and conditions, as it deems fit at any time without prior notice.
The Seller warrants that its site is protected according to international standards for the Web. The Customer is protected against viruses, provided the website is used correctly.
14.7. The Seller declines any liability for any malfunction caused by the deactivation of cookies in the user’s browser.
15. PASSAGE OF RISK.
The risk for the loss of or damage to property, due to causes not attributable to the Seller, is transferred to Buyer, if the same is an end user, only upon delivery of the goods to the same or to a designated third party other than the carrier.
The products sold on the website www.onabags.eu are intended for the End User, as identified by clause 1.2. of these General Terms and Conditions, but also to individuals and/or legal entities other than the same, namely, to anyone who runs a business or company. In this case, as regards the guarantee, the terms for reporting redhibitory or sale and return defects (that should be reported within no more than 8 days from discovery), and the effects of the guarantee (termination of the contract, price reduction and claims for damages ), are subject to the provisions of art. 1470 et sequitur of the Italian Civil Code, in particular articles 1490 et sequitur of the Italian Civil Code. In the case of matters different to the above, these Terms and Conditions of Sale, shall apply.
17. RIGHT OF WITHDRAWAL.
17.1. The Buyer shall have the right to terminate the contract, without the application of any penalty or indicating the reason for its decision, within 14 (fourteen) days from the date of receipt of the product purchased (see article 52 of the Consumer Law).
17.2. Should the Buyer decide to enforce the right of termination, it should send a notice to the Seller, using the termination form attached to this contract (I Part B of Legislative Decree 21/2014), or send a declaration expressly declaring its intention of terminating the contract, by registered letter with acknowledgement of receipt to e-mail address email@example.com or fax +39 0424 80854. In this case, the Seller shall immediately forward to the Buyer a hardcopy acknowledgement of receipt of the notice of termination received.
In order to enforce its right of termination, instead of forwarding a notice of termination, the Buyer may return the product purchased, provided the return procedure complies with the terms set forth by clause 12. The delivery date to the post office or shipping agent shall be proof of dispatch.
The Buyer shall be responsible for the burden of proof for enforcement of the right of termination, in accordance with the provisions of this clause.
17.3. The goods should be returned without undue delay, within 14 (fourteen) days from the date on which the Buyer informs the Seller of its decision to terminate the contract.
If the items returned are damaged or show signs of wear and tear caused by unnecessary handling to ascertain the characteristics and functioning of the same, the Seller may deduct an amount corresponding to the reduced value of the same from the amount refunded.
17.4. The Buyer may not exercise the right of termination for purchase contracts involving customised or clearly customised goods or for products which, because of their nature, cannot be returned or would deteriorate or alter rapidly, supplies of newspapers, periodicals or magazines, and goods whose prices are linked to the fluctuation of rates on the financial market beyond the control of the professional and, in any other case, set forth by article 59 of the Consumer Code.
17.5. A Buyer who enforces its right of termination pursuant to this clause, shall not pay any direct costs incurred to return the product to the Seller.
17.6. Buyers who enforce the right of termination in accordance with the above, shall receive the refund of the sums paid, with the same method of payment used by the Buyer, unless the latter has accepted any other payment method for such refund. Without prejudice to the above, the Seller is not required to reimburse any additional costs incurred by the customer for a delivery method different to the less expensive standard delivery offered by the Seller. The sums will be returned without undue delay and in any case within 14 (fourteen) days, from the day the Seller is informed of the Buyer’s decision to terminate the contract. Unless the Seller has offered to collect the products, directly, the Seller may withhold the refund until it has received the goods or the Buyer has forwarded proof that it has returned the goods, whichever is earlier.
17.7. Upon receipt of the notice pursuant to which the Buyer informs the Seller that it intends to enforce the right of termination, the Parties are released from their reciprocal obligations, without prejudice to the provisions of this clause.
* for the termination procedure, please see the return procedure set forth by clause 12., following the “official returns procedure”, The costs incurred for any returns shall be paid by the Seller.
17.8. This clause also applies to Customers who are “Professionals”.
18. CONFORMITY DEFECTS AND WARRANTIES.
18.1 Should any defect be ascertained on Onabgs products, please write to: firstname.lastname@example.org.
The warranty does not cover defects caused by normal wear and tear of the products, or those caused during transport, improper use or maintenance of the products.
18.2 The Seller shall be liable for any defects of conformity that occur within two years from delivery of the goods. The Buyer shall loses its rights if it fails to report the defect of conformity to the Seller within two months from the date on which the defect is discovered. In any case, such rights are statue-barred within twenty-six months from delivery of the product, provided the defects have not been intentionally hidden by the Seller. If the Buyer is a Professional, the same will lose the rights set forth by the warranty, if it does not report the defects within 8 (eight) days from discovery. The relevant proceeding is statute-barred within one year from delivery. In either case, the claim need not be filed if the Seller has recognised the defect or has concealed the same.
18.3 For purposes of this contract, supplies of consumer goods are presumed to comply with the contract if they have the characteristics set forth by art. 129 of Legislative Decree 206/2005.
No defect of compliance may be claimed if the Buyer is aware of the same when the contract was concluded, or could not have been unaware of the same according to ordinary diligence, or if the defect of conformity stems from instructions or materials supplied by the Buyer.
18.4 In the event of a defect of conformity, the Buyer may alternatively request the repair or replacement of the product purchased, free of charge, (at the conditions set forth by paragraphs 3, 4, 5 and 6 of art. 130 of the Consumer Law), or, an appropriate discount on the purchase price, or termination of the contract, (in accordance with the terms of paragraphs 7, 8 and 9). If the Buyer is a Professional, the same may, at its discretion, request termination of the contract or a discount on the price, without prejudice to the right to damages.
18.5 The request should be sent by e-mail or mailed to the Seller, to the following addresses (via Divisione Tridentina no. 10, area code 36061, Bassano del Grappa (VI), email@example.com), who will advise whether it is prepared to accept the request, or the reasons for which it is unable to do so, within seven business days from receipt.
18.6 In the same notice, the Seller should indicate the proposed discount on the price or the method used to return or replace the defective product. In this case, the Buyer shall advise the method (see clause relevant to payment methods) to refund the sums paid to the Seller.
18.7 In the case of returns due to defects of conformity, please see return procedure set forth by clause 12., following the “official returns procedure”.
19. EXPRESS TERMINATION CLAUSE.
Any obligation not fulfilled in accordance with the provisions of these terms and conditions, entails the automatic termination of the contract, as set forth by the provisions of art. 1456 of the Italian Civil Code.
For more information on the processing of personal data, please go to the Privacy area by clicking on the link on this website.
21. SETTLEMENT OF DISPUTES.
21.1. An attempt shall be made to conciliate any disputes arising from this contract through the Mediation Authority of the Vicenza Chamber of Commerce, and shall be settled in accordance with the conciliation Rules of the same.
22.2. If the parties intend to apply to an ordinary Court, the court having jurisdiction shall be that of the Seller’s Place of Business.
22. APPLICABLE LAW AND JURISDICTION.
22.1. This Contract is subject to Italian Law.
22.2. Any matters relevant to the use of the website www.onabags.eu are subject to Italian law. In accessing the website, users automatically declare that they accept this policy. In particular, the Seller does not guarantee that the contents of the website comply with the laws in force in other countries. Access to the website is expressly forbidden www.onabags.eu from countries where the contents thereof are considered to be illegal. Users shall assume full liability for failure to comply with the above prohibitions.
22.3. The Seller does not guarantee that the information published on its website comply with the laws of the country of residence of the Buyer.
23. AGE REQUIREMENTS.
Under-aged persons (under the age of eighteen or who, in any case, are considered to be under-age according to the law of their Country), can not make on-line purchases on this site. Under-aged users are accordingly asked to refrain from registering or subscribing to any service offered.
The languages available on our website are Italian and English.
Pursuant to articles 1341 and 1342 of the Italian Civil Code, and articles 33 and 36 of Legislative Decree 206/2005, the customer declares that it has read and expressly accepts the contents of the following clauses:
12.1. Return procedure, including part 7(exclusion of the possibility of making returns);
14. Limitation of liability including no. 14.2. and. 14.3. (colour variations);
17. How to return the goods in case of termination;
19. Express Termination Clause
21. Settlement of Disputes (Mediation and Judicial Authority);
22. Applicable Law and Jurisdiction.
no.1: NOTICE OF TERMINATION
Annex no. 1
NOTICE OF TERMINATION
Pursuant to Annex 1 (B), of Legislative Decree no. 21/2014 (art.49, paragraph 1, h)
(fill in and return this form only if you wish to terminate the contract)
N.B. This form should be used even if the purchase is made by a Professional.
Addressee: Plaber s.r.l. having registered offices at via Divisione Tridentina no. 10, area code 36061, Bassano del Grappa (VI), phone +39 0424 809150 fax +39 0424 808548.
– I/we (*) hereby advise that I/we intend to terminate my/our (*) sales contract for the
following goods/services (*)
– Ordered on (*) /received on (*)
– Buyer’s Name(s)
– Purchaser’s address
– Purchaser’s signature (s) (only if this form is sent in hardcopy format)
(*) Delete any unnecessary details. ”