General Terms and Conditions for Orders through the Flexo 24 Site
1. Preliminary remarks
These General Contractual Terms and Conditions concern the sale, by electronic commerce, by Flexo 24 S.r.l., with registered and administrative office in Via Giorgione n. 8 - cap 31056 Roncade (TV), Italy, of the Products and Services offered on the site www.flexo24.com (hereinafter "Site"), according to the procedure indicated therein and Conditions set out below, which the Customer must, after reading, accept before sending the Purchase Order.
2. Parties to the Contract
Supplier's details: Flexo 24 S.r.l., with registered and administrative office in Via Giorgione n. 8 - cap 31056, Roncade (TV), Italy, share capital Euro 20,0000 fully paid in, registration number with the Companies Register of Treviso and Belluno, tax code and VAT No. 04825050265, certified email: firstname.lastname@example.org , e-mail email@example.com (hereinafter "Flexo24").
Customer: the counterparty to the Contracts to which these General Contractual Terms and Conditions apply is exclusively a Professional Customer, i.e. the sole proprietorship or the legal entity carrying out their business based on entrepreneurship, commerce, handicraft or professional activity or its intermediary as defined in Article 3, paragraph 1, letter c) of the Italian Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments and integrations) (hereinafter "Customers"). The possibility of concluding Contracts to which these General Conditions apply to Consumers, as defined in Article 3, paragraph 1, letter a) of the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments and integrations), is precluded.
3. Language of the Contract
The language available to conclude the Contract is Italian.
4. Contract Scope and Territory
The scope of the Contract is:
- the Sale of Flexographic Sheets engraved as per Customer Order (hereinafter "Products");
- the Transport Service (hereinafter "Service"), through the www.flexo24.com website (hereinafter "Site"), of which Flexo 24 is the sole and exclusive owner.
These General Conditions ("General Conditions") are governed by the rules on electronic commerce (Legislative Decree No. 70/2003 and subsequent amendments and integrations) and apply exclusively to remote sales via the web of the Products and Services ordered on the Site www.flexo24.com, where there is the "Buy" button. In the event of changes to the General Conditions, the General Conditions published on the Site at the time the Order was placed by the Customer shall apply to the Purchase Order, as specified in articles 5 and 6 below.
Flexo 24 will conclude contracts with Professionals based in Italy and within the EU.
All Prices of Products and Services indicated on the Site are inclusive of VAT with the exception of those purchased by Customers based in an EU country other than in Italy, and who declare they are registered in the VIES register. Transactions between persons resident in different EU countries follow the VAT rules applicable to intra-Community transactions (Article 40, paragraphs 3 and 4 letter b) and 41, paragraph 1 letter b) of Legislative Decree No. 331/93). Delivery costs (hereinafter referred to as "Delivery Costs"), as indicated in the following articles of these General Conditions, are the responsibility of the Customer and are suitably detailed in the Purchase Order. The Prices shown on the Site apply to the Products and Services at the time the Order is placed. Previous offers or any subsequent variations in Price are not to be considered relevant.
6. Order procedure and conclusion of the Contract
Purchase Orders must be placed on-line through the order procedure (hereinafter "Order Procedure"), available on the Site in the section: "Configure the plate".
6.1 Site Registration
To fill out the Purchase Order, the Customer must first register on the Site. This registration is free of charge. To register, the Customer must fill in the registration form, entering their name, surname, e-mail address and billing information. The Customer must consent to the use and processing of the personal data they entered for the purposes relating to the Purchase Order. The data provided will be dealt with as per current data protection legislation, as better specified in the appropriate Data Protection Policy Statement on the Site. The Customer guarantees that the Registration Credentials provided during the relevant procedure are correct and truthful, and undertakes not to transfer them to third parties. The Customer undertakes to indemnify Flexo 24 against any claims for compensation, sanctions deriving from and/or in any way connected with the Customer's breach of the Registration rules. The Customer is solely responsible for access to the Site through the Registration Credentials, and is directly liable for any damage or prejudice caused to Flexo 24 or third parties due to improper use, loss, misappropriation by third parties, or failure to protect adequate confidentiality of their Registration Credentials. All the operations carried out through the Registration Credentials are considered as being carried out by the Customer to whom the same Registration Credentials refer. The User may at any time cancel their registration from the Flexo 24 Site by sending an e-mail to firstname.lastname@example.org, or by selecting the "delete profile" function from within their Profile.
6.2 Making up an Order
To purchase the Products referred to in Art. 4 letter a), the Customer must select the type of digital photopolymer and its characteristics (step 1) and, subsequently, upload their graphic PDF file for prior checking by the system (step 2). On successful completion of the check, the Customer must indicate which plate to create and the relative angle (step 3) and, finally, choose the time to process the Order (24 or 72 hours) (step 4). The selected products are summarized in the summary page of the "cart", along with their price and shipping cost. It should be noted that the price of the plates is calculated on the basis of their dimensions, which are given by the print size increased by a frame of 1.5 cm in height. If the result of the above sum contains decimal numbers, the system automatically rounds up the result to the next half centimetre. If the Customer intends to modify or correct the data entered with the selection of the Product and the indication of the quantity, this is always possible until the Order is confirmed by using the command to return to the "Make up Order" screen.
6.3. Payment methods, payment and shipment of Orders
Before going ahead with shipment, please take great care to check the Order form created in this way ("Purchase Order"). By submitting the Purchase Order to Flexo 24 by clicking on the relevant icon accepting these General Contractual Terms and Conditions and the ad hoc clauses listed specifically as per Articles 1341 paragraph 2 of the Civil Code and 1342 paragraph 2 of the Civil Code, and by entering the payment data required on the Site, a contractual proposal is considered as having been made by the Customer. Payment for the Products, Tools and shipping costs may be made by credit card, PayPlug and bank transfer.
6.4. Acceptance of the General Contractual Terms and Conditions
Before going ahead with the Order, the Customer must read and accept the General Contractual Terms and Conditions, as well as expressly and specifically some of them under Articles 1341, paragraph 2 and 1342, paragraph 2 of the Italian Civil Code. The Customer is required to keep an electronic or paper copy of the General Contractual Terms and Conditions.
6.5. Conclusion of the Contract
After receiving the Purchase Order from the Customer, Flexo 24 will verify the successful completion of the payment and, on the successful outcome of this verification, will acknowledge receipt of the Order by sending an e-mail ("Order Confirmation") to the e-mail address provided by the Customer. This Confirmation will summarize the Products and Services selected, their Prices (including delivery charges), the Order's completion timescale, the address for delivery, the Order number and the link to access these General Contractual Terms and Conditions. The Contract entered into between Flexo 24 and the Customer is considered concluded with the communication to the Customer of the acceptance of the Order by Flexo 24. The Order Number, generated by the system and communicated by Flexo 24, must be used by the Customer in all communications with Flexo 24. It may happen that the Products and Tools offered are occasionally unavailable. In such cases, if the Products chosen by the Customer are not available, in whole or in part, then Flexo 24 will notify the Customer.
6.6. Execution of the Contract
For the Products referred to in Art. 4 letter a), Flexo 24 will process the digital support according to the specific instructions of the Customer through the electronically-sent Purchase Order. Flexo 24 undertakes to complete processing within 24 or 72 hours depending on the Customer's request in the Purchase Order. This period begins upon receipt by the Customer of the Order Confirmation by Flexo 24. The Product will be delivered to the Courier at the first available opportunity from processing completion, i.e. in the morning or afternoon of each working day, chosen by the Flexo 24's Administration in the case of free shipping.
7. Data Protection Statement on Products and Tools
On the Site, in the section "Warnings and information on flexographic plates - Properties and Guarantees of flexographic plates", the Customer will find information on the photopolymers which Flexo 24, on behalf of the Customer, can engrave onto (see art. 4 letter a). On Product delivery, a printed copy of these Warnings and Properties will be issued. The Customer is required to carefully read the information on the Product, and to follow the instructions within for its use and storage, otherwise the Customer will not be entitled to the Product Warranty.
8. Engraving of trade marks - Disclaimer
If the Engraving requested by the Customer (see Art. 4 letter a) above) on the photopolymer concerns one or more trademarks, by sending the Purchase Order, the Customer declares to be entitled to their use and, in any case, declares to hold Flexo 24 harmless from any claim of third parties that originates from, or is otherwise connected or connected to, the use of the trademark/s during the Engraving of the photopolymer.
Flexo 24 undertakes not to disclose to anyone the PDFs received for the purposes of photopolymer engraving, and to destroy the related files once the Products have been made.
10. Exports/exemptions and VAT benefits
Flexo 24 Products are subject to applicable customs and export control laws and regulations so they must be purchased, exported and used in accordance with such regulatory provisions. Transactions between subjects resident in EU countries other than Italy follow the VAT rules applicable to intra-Community transactions (Article 40, paragraphs 3 and 4 letter b) and 41, paragraph 1 letter b) of Italian Legislative Decree No. 331/93).
11. Paid Delivery Services
Flexo 24 will deliver (hereinafter "Delivery Service" or simply "Delivery") by specialized carriers specifically appointed by Flexo 24 (hereinafter "Carriers") within Italy and the EU, to the address indicated by the Customer in the Purchase Order. Delivery is deemed completed when the Product is made available to the Customer at the address specified in the Purchase Order, or if requested at the time of collection from our premises.
The Return times are those stated in the Purchase Order registered in the section "My Profile" of the Site, and specified in the Purchase Order Confirmation. After Delivery to the Carrier, a "Shipping Order" e-mail will be sent to the Customer through which it will be possible to track the course of the Shipment itself. The Return Terms, which must in any case be compatible with the observance of the rules on speed limits and driving times and rest periods, are suspended on Saturdays and Sundays, weekday public holidays, during the period of closure for summer and winter holidays provided by the category of Freight Forwarders, on days when circulation is forbidden, for reasons of force majeure, and between 18:00 and 8:00 every day. The Return Terms are indicative and Flexo 24 cannot be held responsible in any way for any delays due to third-party events and/or force majeure; any proven defaults may give the right to reimbursement only of the transport costs of the individual shipment concerned, excluding any direct or indirect damage. The normal Return Terms cannot be guaranteed if the goods do not meet the agreed standards in terms of weight and/or size. The Return Terms are understood to refer to the time when Flexo 24 assigns the goods to the Carrier.
11.2 Compensation Limit
Transport services in Italy are carried out as per Articles 1693, 1694 and 1696 of the Italian Civil Code, as amended by Art. 10 of Legislative Decree No. 286/2005, with the consequent provision of a compensation limit in the event of loss or damage of the transported goods equal to 1.00 (one) euro per kilogram of gross weight of the lost or damaged goods. By express agreement of the Parties, this limit will apply not only to the loss and damage of the goods, but also to all other cases that directly or indirectly affect the liability of the carrier. Transportation abroad is governed by the Geneva Convention CMR (Law 1621/60 and subsequent amendments), so the compensation limit will apply provided for therein (Special Drawing Rights x coefficient 8.33 = compensation per kg of gross weight of lost or damaged goods), for loss and damage to goods, as well as the limit provided for therein in the event of delay.
11.3 Presumption of Unforeseeable Circumstances
Without prejudice to the Carrier's liability rules, the Parties expressly agree to recognize that the robbery event which involves the total or partial removal of the goods, whether occurring during transport or during storage at the Carrier's or third-party's warehouses, will result in the carrier's - and therefore Flexo 24's - exemption from liability as a case of unforeseeable circumstances and force majeure.
11.4 Rules on complaints and exemption from liability for Flexo 24 in the event of failure to comply with it.
At the time of delivery, the presence of the Customer or a trusted person is required to check that the packaging is intact and clean and that the Products received correspond to what is stated on the Order. In the event of visible defects, such as incorrect quantities and/or incorrect Product and non-integrity of the packaging, Flexo 24 asks the Customer or their trusted person to report such anomalies on the transport document and to contact Flexo 24 at the "Contact us" link or by sending an e-mail to email@example.com. Should the Customer not report as indicated above, they shall not be entitled to claim against Flexo 24, which cannot be held liable on the basis of a mere signature with reservation of the transport document.
11.5 Storage. Charging of related expenses to the Customer.
Storage costs occurring due to impediment to delivery due to refusal, unknown or untraceable recipient; When the goods are returned, a "Storage" status is opened, and the sender is immediately notified by e-mail with the indication of the telephone number to contact or the link to select to agree on the second Delivery. If, however, the package remains in Storage, the purchased Product will be returned to Flexo 24. After thirty days from the date the Product was returned to Flexo 24, Flexo 24 is released from any obligation towards the Customer. The Storage costs will be charged to the Customer.
The Customer accepts that the invoice relating to the payment of the Product, Tools and Services is sent exclusively in PDF format to the e-mail address indicated in the Purchase Order. The Customer also undertakes to print the accounting document received and to keep a digital and paper copy for the purposes of verification by the Public Administration.
13. Free telephone support service for online Purchases
Flexo 24 makes available to its Customers the possibility to use, free of charge, the telephone support of Flexo 24 personnel for the compilation and definition of the Purchase Order. To use this Service, the Customer may contact the number +39 0422 1650004, expressly asking the Flexo 24 operator to use the Service in question.
14. Assistance with Information and Complaints
The Customer can receive information on the Support Services, including after-sales service, and about how to submit any complaints (hereinafter "Support Services") by contacting Flexo 24 at: firstname.lastname@example.org or email@example.com.
15. Inapplicability of withdrawal
The Parties mutually acknowledge that:
- given the particular type of Products supplied by Flexo 24, i.e. "made-to-measure" Products processed on the basis of the personalised requests of each Customer;
- given the particularly tight timeframe for the Order's execution (24 or 72 hours), withdrawal does not apply to the related Purchase Orders.
16.1. General warranty
Flexo 24 guarantees that the Products and Tools ordered by the Customers comply with the provisions of the Order Confirmation and are free of defects, as per the section entitled "Warnings and information on flexographic plates - Properties and Guarantees of flexographic plates", which the Customer declares to have read.
16.2 Procedure for reporting a lack of conformity
The Customer shall notify any non-conformity within 5 (five) days from delivery, notifying by e-mail to: firstname.lastname@example.org, indicating the Order Number, attaching photos of the Product and/or Tool, and a detailed and understandable description (written in Italian or English) of the alleged defects. If Flexo 24 so requires, the Customer must return, by courier, the Products and/or Tools allegedly defective, intact and in suitable packaging (also given the specific transport needs to be met), to allow the appropriate checks. If, on completion of the checks, the Product proves to be defective, Flexo 24 will reimburse the shipping costs.
16.3 Warranty Operation
If Flexo 24 deems the notification made using the procedure set out in point 16.2 to be justified, it will notify the Customer by e-mail as soon as possible and will proceed, at its discretion, to repair or replace the faulty Product and/or Tool with another fault-free one (Warranty Operation e-mail: email@example.com). If the Products are those referred to in Art. 4 letter a), Flexo 24 undertakes to carry out the repair or replacement within 24 hours or 72 hours as per the Customer's original Purchase Order (Art. 6.6), with the specification that this period will begin from the date of sending the e-mail of the Warranty Operation e-mail.
16.4 Warranty Limitations
The Warranty operates on the condition that the Products are used with the diligence that a Professional Operator, which the Flexo 24 Customer is, must exercise, and in compliance with the requirements of Art. 7, above. Failure to comply with the Procedure for Reporting Conformity Defects will render the Warranty ineffective. The rights granted under the Warranty will not include the right of Customers to claim:
- compensation for any loss of profit related to the defective Products;
- compensation for any material damage caused by the defective Products.
The Customer's data are processed by Flexo 24 in accordance with the provisions of the legislation on personal data protection as specified in the Data Protection Policy Statement provided in the appropriate section "Data Protection Policy Statement pursuant to Art. 13 of Legislative Decree No. 30/06/2003".
Communications may be made to Flexo 24 using the contact channels listed in the "Request information" section of the Site.
19. Applicable law and jurisdiction
These General Conditions shall be governed by and interpreted under Italian law, excluding its conflict rules if they provide for the application of other foreign national laws, as well as the United Nations Convention on the International Sale of Goods, where they provide for more restrictive conditions or a greater onus on Flexo24.
The Court of Treviso (TV) Italy shall have exclusive jurisdiction over any disputes relating to the terms and conditions of these General Contractual Terms and Conditions.
General Terms and Conditions for Orders through the Flexo 24 Site. Rev. 2 del 24.05.2019.