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General Conditions of Sale
These General Conditions of Sale (hereinafter "General Conditions") are about the guidelines of
purchasing products and services, undertaken remotely and made available through internet, on the site www.flexie.it (hereinafter , the "Website") in compliance with the Italian legislation, in Legislative Decree 206/2005, and following changes and additions (hereinafter, the "Consumer Code").
For the purposes of these General Conditions of Sale, the expression "Flexie" will always indicate the ACM SPA company, with registered office in Via Pradone 48 26010 Località San Benedetto ( CR ) - VAT number 01360290199. ACM SPA is the owner of the www.flexie.it site (the "Website").
The consumer who accesses the Website to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions which have been made available on the Website and which will be available for consultation at any time by the Customer, even through the link contained in the confirmation email of each order to ensure that it is reproduced and stored.
Field of application
These General Conditions of Sale regulate the sales of the products listed on the site, starting with the registration of the order. They are applied to all sales made through Internet, mail and e-mail. If these conditions change for a specific selling method, these changes will be mentioned in detail. The purchase of all products on the site is governed by these General Conditions of Sale which comply with Legislative Decree 185/1999 on distance contracts.
Acceptance by the customer
The fact that the customer accepts the general conditions of sale before confirming his order on the site, automatically entails reading and accepting the above. These Conditions are applied excluding all the other clauses, except for all the special agreements complied in writing and signed by both parties. Upon request, these regulations can be sent by e-mail, fax or mail.
Product features and print files
The site undertakes to show at its best the essential features of products. Please note that since these are customized products produced ad hoc following the order, the pictures of the products published on the site are purely indicative.
Flexie realizes products on the basis of the print files sent by the customer. The order must be considered not completed until receipt of payment and, if applicable, the loading of the print file by the user. The aforementioned files must be sent in the formats indicated in the guidelines, and must correspond to the requirements listed therein. It can’t be guaranteed an optimal print of the files that do no have the required features.
Therefore the Customer is required to carefully check the files before send them, as Flexie does not perform spelling checks, the positioning of the elements, checks for errors, omissions or defects in the data transmitted by the customer and printed. Flexie will not verify the contents except in relation to the technical specifications and graphic compatibility with the requested specifications.
The Customer assumes full responsibility for any shortcomings and errors resulting from the production of the assignment, on the basis of a file not suitable for printing due to the Customer's fault to comply with the printing requirements indicated in the guide lines. When an order is placed, the user guarantees that he has all the authorizations and rights necessary for the use, transmission and disclosure of the data and images sent to Flexie, for the purpose of subsequent printing, with specific reference the content of the texts and images transmitted.
The price applied to the products is the one in force at the time (date and time) when the purchase order is made. The prices are expressed in Euros and are to be understood net of VAT number as well as any taxes, duties and tax charges of any type applicable to the contract, which are charged to the customer. The costs necessary for shipping and any ancillary costs are borne by the buyer too.
Pay attention: all prices are given subject to any typing errors. The site reserves the right to apply different sales lists based on the features of the customer.
How to order
The feature and the price of the various products on sale on the Website (hereinafter "Product" or "Products") are shown on the page relating to each Product. Remote orders must be made through the website, or by e-mail at firstname.lastname@example.org. When concluding the order, the Customer is asked to:
(i) share the billing and shipping data of the goods
(ii) carefully reread the Terms and Conditions of Sale, in all its parts, before validating the order.
By sending the order from the Website or accepting the offer via e-mail, the Customer admits and declares to have read all the informations provided during the purchase procedure and to fully accept these General and Payment Conditions transcribed.
Terms of payment
The payment of the goods, in its entirety, must take place at the same time as the order, by credit card, PayPal or bank transfer. Acceptance of the order will take place when Flexie confirms that the sum has been credited in its favor. To this end, the company reserves the right not to accept any order in the absence of regular and effective payment; in this case, the order will be automatically canceled, giving notice to the customer.
Goods shipped outside the EU
When placing an order from outside the European Union ("EU"), as these are international shipments, the buyer is the official importer of the goods and therefore as the person responsible for importing the goods must comply with all laws and regulations of the destination country.
Items shipped outside the European Union ("EU") may be subject to taxes and customs duties in the country of destination ("Import Charges"). The recipient of the shipment will be the importer of the goods into the destination country and will be responsible for all import costs.
Delivery of goods
The goods purchased through the website are delivered exclusively by express courier. If interested in the collection at the production site, the customer must make an explicit request via e-mail to the address email@example.com.
Missed withdraw of goods - Pick up on site and / or recipient unknown
With reference to the Products for which collection is planned and to the Products shipped by courier for which the destination of the goods was unknown (the courier was unable to deliver for reasons attributable to the buyer) after 30 (thirty) days from the notice " ready goods pending" sent to the Buyer, the Seller will have the right to terminate the Contract by retaining the amounts already paid by the Buyer as a lump sum compensation. This does not affect the Seller's right to avail himself of the legal remedies in relation to the Buyer's default.
Upon delivery, the customer has the burden of verifying the external integrity of the wrapping. Any delays in delivery or the presence of external damages must be immediately reported to the carrier making the delivery and, in any case, confirmed by e-mail at firstname.lastname@example.org within 8 days. By affixing the signature on the courier delivery note, the recipient will not be able to notify the external features of the delivered goods.
In the presence of intact packaging, the customer must, in any case, under penalty of forfeiture, report any defects in the delivered goods or any shortcoming, partial or different supply of all or part of the order commissioned within the term of days 8 from receipt of the product. The complaint must be sent to Flexie by e-mail at email@example.com. Any returns will be accepted only if previously agreed and with shipping paid by the customer.
In no case, Flexie will take into consideration defects based on the aesthetics of the product. The discrepancy of colors between the product created on the web platform and the final product will not be considered a defect, modifications may be generated based on the printing processes and between different orders or reprints. The size and quality of the product content depends on the size and quality of the content sent to Flexie by the customer.
No guarantee is recognized for any design fault made by the customer during the product creation phase on the web platform, including any spelling, punctuation and syntax errors, as well as for incorrect choice regarding product finishes, quantities or type. The guarantee will not apply when the customer or third parties have carried out work on the products, without being previously authorized by Flexie.
The defective goods, if there are no problems due to normal wear and tear, incorrect use, inadequate storage or evident tampering, will be repaired or replaced for free, only if returned carriage paid at the Flexie headquarters, indicating the reason in the accompanying document and the details of the relative invoice.
Return of goods
The shipping costs for the return of goods are totally in the charge of by the customer. The website recommends the insured shipping as the return journey is under the complete responsibility of the Customer.
Pay attention: the successful outcome of the refund of the returned goods could be compromised if the site:
- does not receive goods;
- receives the package containing goods NOT in perfect condition or damaged;
- receives incomplete goods.
Taking into account the complexity of the industrial production process, the quantitative tolerance on the quantity ordered is expected to be +/- 10%. This final deviation is possible and if it occurs, it will be promptly communicated to the buyer.
Limits and production tolerances
Here below we state the technical production limits for the materials we use. We would like to point out that these limits may not occur at all, but in the event that one of the conditions presented occurs, Flexie cannot be held responsible, as this refers to manufacturing tolerances beyond our control.
In the sealing areas near the ziplock and on the bottom of the pouches, some colours, especially the dark ones, may slightly turn towards the predominant colour of the shade.
Materials that contain paper
The cut made at the top of the pouch may have small imperfections due to the type of cut and the physical properties of the paper material.
Due to the inherent properties of paper, such as its natural porosity, dots may appear on the surface of pouches, especially in the case of designs with solid backgrounds and dark colours.
In the case of its own responsibility, Flexie will be obliged to compensate only the emerging damage, with the express exclusion of the loss of profit and, in any case, the sum to be compensated can never be higher than the amount paid by the customer in relation to the products to which report the damage.
In no case, Flexie can be considered responsible for any further damage, material and immaterial, indirect such as: loss of data, violations of intellectual property right, violation of the right of image, suspension, interruption or loss of services, delays or interruptions in access to the site, losses or responsibilities deriving from causes not attributable to the will of Flexie, etc.
The regulations on the right of withdrawal is not applied to individuals who make purchases for purposes related to their professional or entrepreneurial work, or purchase products with a billing request, as holders of a regular VAT number.
The right of withdrawal does not apply to relationships concluded and governed by these General Conditions of Sale, in conformity with art. 55, paragraph 2, letter c, of the Consumer Code, which excludes this right in cases of goods’ supply made to measure or clearly personalized.
At any time Flexie, at its unquestionable judgment and without any prior notice, may cancel the user’s registration from its website, as well as modify any content present, transmitted or stored on its website.
Controversy: applicable law
Modification of the General Conditions of Sale
The site reserves the unquestionable right to modify these General Conditions of Sale at any time, therefore Customers are invited to read them before each purchase.
It means any event that is unpredictable and independent of the direct will of the Contracting Parties, beyond their control and to which it is not possible to promptly remedy adequately (e.g. calamities or adverse natural events such as heavy snow, landslides, floods, national strike of the transport and / or agitation of the customs authorities, interruption of communication routes, war conflict, act of terrorism and sabotage, riots and popular riots, commercial embargo, fire, gas leaks, impedimental measures by governmental or fiscal or customs authorities, suspension in the supply of raw materials, equipment, electricity, motive power, fuel, work performance at regional or national level).
Upon the occurrence of a Force Majeure event, the obligations of parties that cannot be fulfilled due to this cause will be considered automatically suspended, without penalty, for the duration of the Force Majeure status.
Both parties undertake to take the initiatives in their power to try to ensure, within a short time, the normal fulfillment of their respective obligations.
If the parties are unable to perform the services for a period of time longer than 3 (three) months due to the continuation of the Force Majeure event, they will consult to adopt the appropriate determinations regarding the Contract.
The possible total or partial inapplicability of a clause of the General Conditions is without prejudice to the validity of the other clauses.
The data shown on the offers, catalogs, circular letters, advertisements, such as dimensions / weights, prices, general delivery terms, etc., are purely indicative and do not constitute a commitment by the seller.