TERMS AND CONDITIONS
SUPPLIER AND BUSINESS PURPOSE
The supplier is IMPRINT s.n.c.
registered offices: Via Alessandro Volta, 39 - CONVERSANO (BA)
Tel. +39 080.495.19.78 - Fax +39 080.409.91.26
(Econ. and Admin. index no. 397434 - VAT no. 05114810723).
IMPRINT s.n.c sells personalised merchandise through its “e-pen” service through the web-site www.e-pen.it .
AGREEMENT OF THE CONTRACT
The customer will use the "e-pen" service to send a purchase order - including the products and prices - to Imprint s.n.c. Submission of the order implies acceptance of these terms and conditions.
The “e-pen” service will send the customer a detailed order confirmation by e-mail, indicating an “Order number” to be used in all communications.
IMPRINT s.n.c gives both ‘professional’ and ‘consumer’ customers the right to cancel their non-personalised orders and ‘professional’ customers the right to cancel their personalised orders within 48 hours from sending the order. The order must be cancelled by fax or telegram. If the customer has already paid, the customer will have the right to return of the entire amount via bank transfer, less bank charges only.
PERFORMANCE OF THE CONTRACT
PERSONALISING THE MERCHANDISE
Once the order has been received, and unless it is cancelled pursuant to the paragraph above, Imprint s.n.c shall contact the customer to agree on the best way of personalising the merchandise. The customer must approve the personalised graphics in writing, sending confirmation via fax.
None of the sales prices of the products shown on the Internet site include VAT. The customer must pay the amount indicated in the order, including all costs for personalising the merchandise.
By bank transfer in advance or by credit card through PAYPAL once the graphics have been approved.
If a product is on offer, the user can make the order, pay in full (by bank transfer in advance) and approve the graphics sample before the offer expires.
DELIVERY OF THE MERCHANDISE
The merchandise purchased can be delivered to all countries in the European Union by TNT Express Courier - an on-line tracking system for the deliveries is available.
The delivery period begins upon approval of the sample graphics and payment of the balance of the agreed price; it will take no longer than 30 days from that date.
If there are any defects in the merchandise delivered (if it does not match the approved draft graphics or the articles don’t work) the Customer must give notice of same within 14 days from the date of delivery of the merchandise by registered letter sent to the registered offices address given above. Failure to notify IMPRINT s.n.c. within the time-frame indicated will invalidate the claim.
The articles will be considered to have been accepted once that time-frame has passed.
IMPRINT s.n.c will take back the products in order to replace them; however, if the items in the order under dispute are not returned in the exact same condition in which they were received, i.e. they are not in perfect condition, they have been used, their original packaging is not intact, the manuals furnished are not returned or there is something missing, IMPRINT s.n.c will consider the purchase of said goods to have been accepted by the customer and these goods will be available to the customer at the warehouse of IMPRINT s.n.c where the customer can retrieve them pursuant to agreement.
IMPRINT s.n.c. reserves the right to charge the customer for any expenses incurred in checking the product and its delivery if the products are found to be intact and functioning as opposed to what had been claimed by the customer.
If the merchandise ordered should no longer be available or a service cannot be provided within the terms of the offer presented online, the user will be informed by telephone or by e-mail. The customer will then have the right to replace the product or service with another of equal value, or the amount paid will be returned by bank transfer to the customer’s current account.
RIGHT TO CANCEL
Our service is focused on the “supply of merchandise that can be personalised”. The Consumer Code Legislative Decree 206 of 6 September 2005 expressly prohibits the right to cancel a contract for the supply of personalised goods for consumer customers (persons who are not acting for reasons related to their professional activity and making purchases without a VAT registration number) while consumers have the right to cancel the purchase of neutral goods. The right to cancel can be exercised by sending a registered letter with notice of receipt to the following address within 14 days from receipt of the merchandise: Imprint s.n.c. via Alessandro Volta, 39 - CONVERSANO (BA) Italy.
Please include your personal details in the registered letter, along with the information relating to the order, the purchase and the bank details in order to issue the refund; please specify that you wish to withdraw from the contract.
The amount paid, excluding delivery costs, will be repaid by bank transfer within 30 days from the date that Imprint became aware of the wish by the consumer to exercise the right to cancel the contract.
If the goods have already been delivered before the right to cancel has been exercised, the consumer must return the goods; the merchandise must be returned in its original packaging. In any case, the goods must be returned within 14 business days.
The merchandise must be in perfect order in order to exercise the right to cancel the contract.
The customer is completely responsible for the delivery until Imprint s.n.c. gives notice of its receipt; if the merchandise is damaged during the transport, Imprint s.n.c. will notify the customer of what has happened (within 5 business days from receipt of the merchandise into its warehouse) to give it time to make a complaint to the courier chosen by the customer and to obtain reimbursement of the value of the merchandise (if insured); in this case, the product will be made available to the customer for its return, and at the same time, cancelling the request to cancel.
POST SALES ASSISTANCE
Article 130 of the Consumer Code, Legislative Decree 206 of 6 September 2005 applies to guarantees relating to the sale of goods.
a) Imprint s.n.c. is responsible for any lack of compliance at the time of delivery of the goods, and the customer has the right to receive compliant merchandise at our expense (more specifically, delivery, manual labour or the materials necessary to make the goods compliant) through repair or replacement within a reasonable time or reduction of the price or termination of the contract.
The customer will be able to choose between replacement and repair unless the remedy chosen is objectively impossible or unreasonably onerous with respect to the other option (the unreasonable onerousness of the remedy must be judged in relation to the value that the merchandise would have had if there had been no defect, the magnitude of the defect and the possibility that the alternative remedy could be carried out without unduly creating difficulties for the customer).
b) The customer may request a reduction of the price or termination of the contract if:
- the repair or replacement is impossible or unreasonably onerous;
- Imprint s.n.c. cannot carry out the repair or replacement within a reasonable time;
- the replacement or repair caused significant damage to the customer.
If the defect is slight: the impossibility or unreasonable onerousness of the repair or replacement give the right to a reduction of price only, and not to the right to terminate the contract.
After giving notice of the lack of compliance, Imprint s.n.c. may propose an alternative remedy to the customer, but will be obliged to comply with the choice previously made by the customer or the other remedy chosen subsequently by the customer.
The defect must become manifest within 2 years from delivery of the merchandise. Imprint s.n.c. must be notified of the defect within 2 months from its discovery.
The right to invoke the right to remedy defects will lapse 26 months from delivery of the merchandise.
With reference to article 16 Council Regulation Reg. (EC) 44/2001 of 22 December 2000 for business to consumer matters, any action taken by a consumer against Imprint s.n.c. may be brought either before a court in the place where Imprint s.n.c. is domiciled or before a court of the place where the consumer is domiciled.
In accordance with Legislative Decree 196/2003, Imprint s.n.c. of Turi Giovanni Battista & C., the data controller for personal data, states that the personal data provided to manage the contractual relationship between the parties will be used within the limits and in pursuit of the purpose of the relationship itself.
Personal data processing includes the collection, recording, organisation, keeping, processing, change, selection, extraction, comparison, use, publication, removal, distribution, interconnection and execution of all administrative, commercial, accounting and tax activities. The data and related processing of it are obligatory for the purposes of executing the contract and legal performance.
If the customer refuses to provide the personal data, it will mean:
- that it will not be possible to initiate or pursue the relationship or to carry out any operations if the data is necessary to execute the contract or the operation;
- that it will be impossible to give the data to parties related to execution of the operations.
The data for the above mentioned purposes shall be processed with the support of paper, computer or telecommunication instruments.
The data can be accessed by the data processing manager, Mr Giovanni Turi, for administrative matters, and the person in charge of the security of the computer systems, Mr PierNicola Turi.
In addition the data, or a part of the data, may be communicated to parties outside the company, who are:
a) tax consultants;
b) third parties, on an exceptional basis, who carry out duties related to the operation of our service. In this case, the user will have the right to request the names of the companies that the data was communicated to;
c) parties who have the right to access the data in accordance with the law or orders by the authorities;
The data processer is: Imprint s.n.c. di Turi Giovanni Battista & C., with registered office in via Alessandro Volta, 39 - CONVERSANO (BA).
In addition, the user may consult, change, delete his/her data or have it deleted or in any case exercise all the rights accorded in accordance with art. 7 of the Personal Data Protection Code, by sending a message by fax to no. +39 080.4099126 or a request to Customer Assistance at any time.
In any case, IMPRINT s.n.c. undertakes not to use personal data that has been reported as inaccurate until said inaccuracy has been rectified.
Art. 7 - Right to access the personal data and other rights
1. The interested party has the right to obtain confirmation of the existence or lack thereof of personal data relating to the party, even if it has not yet been registered, and its communication in intelligible form.
2. The interested party has the right to obtain information on:
a) the origin of the personal data;
b) the purpose and methods used to process it;
c) the logic applied in any processing done with the help of electronic instruments;
d) the identifying details of the data controller, the managers and appointed representative in accordance with article 5, paragraph 2;
e) the parties or the categories of parties to whom the personal data may be communicated or who may become aware of same in their capacities as appointed representative in the territory of the State, the managers or authorised persons.
3. The interested party has the right to obtain the following:
a) the update, adjustment or if necessary, addition to the data;
b) the deletion, transformation into anonymous form, or blockage of the data processed in breach of the law, including data that does not have to be kept in relation to the purposes for which the data was collected or subsequently processed;
c) confirmation that the operations set out under letters a) and b) were brought to the attention - including with respect to their content - of those to whom the data was communicated or circulated, unless this proves to be impossible or requires the use of means that are clearly disproportionate to the right protected.
4. The interested party has the right to object, in whole or in part:
a) to the processing of personal data that pertains to the party even if relevant for the purpose for which it was collected for valid reasons;
b) to the processing of personal data that pertains to the party in order to send advertising material or direct sales or to carry out marketing research or commercial communications.
When a visitor accesses the web-site, a cookie may be stored on the visitor’s computer which will allow Imprint s.n.c. to recognise that computer on any follow-up visits to the site. Most Internet browsers are set up to automatically accept these cookies.
The type of information gathered with the cookies regards the specific computer and may include the IP address, the data and time of access to our web-site and the areas visited in our web-site. This information is collected to monitor the use and utility of our web-site for statistical purposes and to send visitors information that may be of interest to them.
The visitors may set up their browsers to notify them of the receipt of cookies and to refuse them; if the cookies are refused, it may not be possible to use all the functions provided by our web-site.
The security policy of Imprint s.n.c. on the web-site www.e-pen.it complies with and applies the measures for management of the security of information as set out by Art. 34 of Legislative Decree 196/2003 Processing with electronic instruments
In the event of poor service or a dispute between “Imprint s.n.c.” and the customer, Imprint s.n.c. hereby guarantees that it will attempt to reach a friendly settlement of the matter, with the customer taking proceedings before RisolviOnline, (www.risolvionline.com), an independent service provided by the Arbitration Chamber of the Chamber of Commerce of Milan that allows agreements to be reached between the parties with the assistance of a competent, neutral mediator in a friendly, secure manner.