Premise

The following Terms and Conditions of Sale regulate the sale on this website “https://www.copackonline.com” (Website). The seller is Co.Pack S.r.l., with registered office in Via Taranto 19 Pozzuolo Martesana MI 20060 IT , Chamber of Commerce of Milano, VAT number 11424550157, with fiscal code 11424550157, share capital of 30.000,00 € fully paid (Seller).

Article 1. Application Scope

1.1 Any sale on the Site constitutes a distance contract governed by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all sales processed by the Seller on the Website. The terms are calculated only considering business days and excluding Saturdays, Sundays and holidays.

1.3 General Sales Conditions can be changed and / or modified at any time. Eventual changes and / or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, the users are kindly invited to visit regularly the website in order to read the most updated version of the General Sale Conditions.

1.4 The applicable General Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.

1.5 These General Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than the Seller, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user must check their conditions of sale. The Seller is not liable for the supply of services and/or the sale of products by these parties. The Seller does not carry out any checks on and/or monitoring of the websites that can be reached through these links. The Seller takes no responsibility for the contents of these Websites, nor for any possible mistakes and/or omissions and/or legal breaches by the said websites.

1.6 The user shall carefully read these General Terms and Conditions of Sale and all other information that the Seller provides on the Website, also during the purchase process.

1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.

Article 2. Purchasing through the Website

2.1 The purchase through the Website is allowed to the user who

• is a register user of the Website

• act in their capacity as trader. Pursuant to Article 3, Paragraph I, lett. c) of the Consumer Code, a “trader” is defined as a natural person who acts for purposes related to his/her business, commercial, professional or craft activities .

2.2 In the case of orders that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to stop the irregularities.

2.3 The Seller reserves the right to refuse or cancel orders placed:

• by a user with whom the Seller is in dispute

• by a user who has breached this General Terms and Conditions of Sale

• by a user who has committed crimes

• by a user who has sent false, incomplete or otherwise inaccurate personal data or who has not sent the Seller the required documents.

Article 3. Registering on the Website

3.1 To register on the Website, the user must fill out the registration form, entering the following data:

• name

• surname

• email

• password

• address

• telephone

• Company

• VAT ID

• Post Code

• Town

• Country.

3.2 The user undertakes to immediately inform the Seller if they have suspicions of or become aware of any illegal use or disclosure of said data.

3.3 The user hereby guarantees that the personal data provided during the registration procedure for the Website are complete and truthful and undertakes to indemnify and hold harmless the Seller against any losses, damages and/or liabilities deriving from and/or in any way connected to the breach by the user of the provisions concerning registration within the Website or the storage of registration credentials.

Article 4. Information Required for Entering into an Agreement

4.1 In accordance with Legislative Decree of April 9 2003, No. 70 on electronic commerce, the Seller hereby informs the user that:

• to conclude the purchase agreement on the Website, the user must fill out an order form in electronic format and send it to the Seller electronically, following the instructions that will appear from time to time on the Website;

• the agreement is concluded when the order form reaches the server of the Seller

• once the order form has been submitted, the Seller will send the user, at the provided e-mail address, an order confirmation containing the following:

  • purchase descriptions

  • the relevant price.

Article 5. Product Availability

5.1 Product availability is constantly monitored and updated. Nevertheless, since the Website may be visited simultaneously by various users, it is possible that more than one user purchase the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually out of stock or momentarily unavailable, since restocking is necessary.

5.2 The Website contains information relating to the availability of each Product.

5.3 Should the Product prove unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the Product, without prejudice to any other legal rights of the user, especially those provided under Book IV, Title II, Chapter XIV of Italian Civil Code, the Seller will immediately inform the user. The user will therefore be entitled to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code.

5.4 Alternatively and without prejudice to his/her rights, the user may accept:

• an extension of the delivery period

• a product of equivalent or higher value (in this case, upon payment of the difference, and upon express acceptance of the user).

5.5 If a refund is requested for the amount paid for the purchase of Products that later proved to be unavailable, the Seller will refund in maximum 15 day.

5.6 If the user avails themselves of the right to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code, the purchase agreement will terminate. If the payment of the total sum due – given by the price of the Product, the delivery fees, if applicable, and any other additional cost resulting from the order (Total Sum Due) – has already been made, the Seller will refund the Total Sum Due according to Article “Payment Methods for Purchases Made through the Website”.

Art. 6. Product Sheet

6.1 Each Product is accompanied by a product information sheet illustrating its main features (Product Sheet). The images and descriptions on the Website reproduce the features of the Products as faithfully as possible. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or the computers used to view them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted tolerance thresholds. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the user shall be taken as the point of reference.

Article 7. Prices

7.1 All prices are not VAT included.

7.2 The Seller hereby reserves the right to change the price at any time, without prior notice, it being understood that the price charged to the user shall be the one listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.

7.3 The shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit the same.

Article 8. Purchase Orders

8.1 The Seller will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the use. Ownership of the Products will be transferred to you at the time of the delivery, understood as the time of delivery of the Product to the carrier. Any risk of loss or damage to the Product(s) which cannot be attributed to the Seller, will pass onto the user, once the latter or a third party designated by the user other than the courier materially gains possession of the Product(s).

The Service chosen by you will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is established that you have not paid all or part of the Total Amount Due.

8.2 The purchase contract is terminated subject to non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.

8.3 In order to send a purchase order it is necessary to read and approve these General Terms and Conditions of Sale, clicking the relevant box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on this Website.

Article 9. Payment Methods for Purchases Made through the Website

9.1 The payment on the Website can be made by:

• PayPal

• Wire transfer.

9.2 As for PayPal payments, the user will be redirected to the website www.paypal.com, where they shall make the payment on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the agreement agreed between the user and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with the Seller. The Seller is thus unable to know, or memorise in any way, the credit card details linked to the user’s PayPal account, or the details of any other form of payment linked to said account.

If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user’s account at the same time as the conclusion of the online agreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the user shall be credited to the user’s PayPal account. The term for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged in favour of the said account, the Seller shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be made to the user’s PayPal account.

9.3 If you choose to pay via bank transfer, once the order has been received, the Seller will notify the user by email of the bank details and the deadline for making the transfer. The email may contain the request to send by email the receipt of the transfer made or the confirmation of the same.

In case of payment via bank transfer, the delivery term of the Product(s) will run from the bank transfer receipt date on the part of the Seller, or from the date on which the bank transfer is confirmed as having been ordered in favour of the Seller, whichever comes first.

Unless otherwise agreed, the Services will be provided only after receipt by bank transfer of the Total Amount Due.

The user is required to specify:

• the reference number of the purchase order.

Once the order has been placed, you must pay within 3 working days. Failure to comply will cause the automatic termination of the agreement in the following 3 working days.

Art. 10. Product Delivery

10.1 There are no limitations to delivery, except in cases indicated on the Website and/or in the Product Sheet.

10.2 The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the user, and any other possible cost, will be borne by the user, except where otherwise stated in the Product Sheet or in other parts where this is communicated.

10.3 The Products will be delivered within 365 days of receipt of the order and, in any case, within thirty days, effective from the day on which the agreement is entered into.

10.4 You are kindly asked to verify the conditions of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and different from the carrier, physically take possession of the Product, the Seller suggests to you to check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, even in the closing materials; also, the Seller suggests to you to indicate on the carrier’s transport document, any anomalies, accepting in thi event the package with reservation. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the right of withdrawal (if any for the Product) and legal guarantee of conformity apply.

10.5 You can collect the Product at a picking point, provided that this method is available for the Product you have selected. You will be promptly notified when the Product is ready to be collected at your chosen picking point. You must collect the Product within 30 giorni from the communication. Unless otherwise agreed, if you do not fulfil this obligation, the purchase contract will be considered terminated by right, pursuant to and for the purposes of Article 1456 of the Italian Civil Code. As a result of the termination, the order will be canceled and the Seller will refund the Total Amount Due paid by you, less the relevant shipping costs. The mere failure to collect the Product cannot be understood as exercising the right of withdrawal and it will not give the right to a full refund of the amounts paid for the purchase of the Product.

Art. 11. Right of Withdrawal

11.1 Purchases on the Website are allowed only to those who are defined as “trader” within the meaning of the Consumer Code. The right of withdrawal is excluded to traders. Therefore, you do not enjoy this right, unless otherwise agreed with the Seller.

Art. 12. Legal Guarantee of Conformity

You are entitled to the legal guarantee provided by art. 1490 of the Italian Civile Code. This Article provides that the Seller must guarantee that the Product or Service sold is free from defects that make it unsuitable for the use for which it was purchased. In case of defects, you may request a reduction of the purchase price or termination of the contract. You have to report the defect within 8 days of its discovery in order to obtain remedy under warranty.

Article 13. Manufacturer’s Standard Warranty

13.1 The products sold on the Website may, according to their nature, be covered by a standard warranty issued by the manufacturer (Conventional Warranty). The user may only assert their right to the warranty with the manufacturer. The duration, scope (including geographical scope), conditions and procedures, the types of damage/defects covered and the restrictions of the Standard Warranty are set by each manufacturer and are specified in the so-called warranty certificate contained in the product packaging.The Standard Warranty is elective by nature and does not add to, replace, restrict, prejudice or set aside the Legal Guarantee.

Article 14. Applicable Law and Jurisdiction; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution

14.1 The purchase contracts concluded between you and the Seller are governed by the Italian law.

14.2 For any dispute relating to the application, execution and interpretation of this document, the Court where the Seller has its registered office in accordance with the provisions of article 1 above shall have sole jurisdiction.

14.3 For any disputes related to the application, execution and interpretation of these General Terms and Conditions of Sale, the user who resides in a member state of the European Union other than Italy can also access the European procedure established for small claims, by the Regulation (CE) N. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed Euros 2,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu.

Article 15. Customer Care and Complaints

You may request information, send communications, ask for assistance or submit complaints by contacting the Seller’s Customer Service as follows:

• filling in and sending the contact request form available in the page “http://www.copackonline.com/Contatto”

• by email, writing to: copack@copack.it

• by phone, calling: 0295358899.

The Seller will deal with complaints by replying within 7 days of receipt.

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