Terms and condition
These general online conditions of sale regulate the contract of sale (hereinafter “the Contract”) of the products (hereinafter the “product” or the “products”) offered by PLUS TECH DI BENZI with head office in Via G.FERRARI, 21\Q – 21047 Saronno (VA), VAT number 03214710133, registered at the REA in Varese nr. 323868 – through its website www.wallmountlab.it (hereinafter the “site”) to the users of the site (hereinafter the “customer” or the “customers”).
These general conditions of sale refer only and exclusively to qualified customers like “consumers” according to art. 3, paragraph 1, letter a) of the Legislative Decree 6th September 2005, nr. 206; that is, “natural people acting for purposes unrelated to enterprise or professional activity”, as well as people of age.
All information contained on the site is in the Italian language. The customer declares to have read all the above mentioned information and general conditions of sale, before placing an order.
The customer, before placing the order of the product, declares that the purchase of that product doesn’t have any direct relation with his professional activity since the purchase is destined to personal use.
Furthermore, the customer declares to have the legal capacity to commit himself as provided in these general conditions.
1 – Subject
These general conditions of sale define the rights and duties of the parties in the context of a distance selling of goods offered on the online store www.wallmountlab.it.
2 – Territory and offer covering
This version of the general conditions of sale refers exclusively to the sales carried out to consumers having their domicile or residence in the European community.
3 – Contractual documents
This contract consists of the following documents:
- current general conditions of sale
- order confirmation
Photographs which show the products on site aren’t covered by the contract and are given only as description purpose.
4 – Order receipt
Any order confirmation signed by validation click constitutes an irrevocable commitment of the customer that can be disputed only in the cases specified by this contract under item “Right of withdrawal” and “Fulfilment of an order”.
5 – Acceptance of order
The fulfilment of the contract will take place only upon order confirmation by PLUS TECH.
The customer will receive by email a receipt notice reporting order confirmation with all the constituent elements of the contract (including ordered products, prices, delivery dates, shipping and handling).
PLUS TECH reserves the right not to confirm an order for any reason relating in particular to a product supply problem or a problem regarding the received order.
PLUS TECH cannot be held responsible for delivery errors due to inaccuracy or incompleteness filling in the purchase order by the customer. Furthermore PLUS TECH cannot be held responsible for any damages occurred to the products after delivery to the shipping agent in charge for their transport as well as for delays in delivery attributable to the latter one.
6 – Availability of products
The offers contained on this site will be valid until the listed products remain on line and until selling out.
PLUS TECH also reserves the right to communicate to the customer at the associated email address of his profile, the unavailability of one or more purchased products. In case of purchase of a product no longer available PLUS TECH will refund (on payment card or PayPal account indicated for the purchase or by bank transfer which details have to be communicated after registration) the price and the costs of shipping paid by the customer.
7 – Prices – Invoice
The prices are expressed in Euro and include VAT at 22%.
The price guaranteed to the purchaser is the one published on the site at the time of sending.
The prices of products are final. They don’t include possible delivery costs which will be indicated in the order confirmation. The initial price with applied discount is the price on the official price-list supplied by the brand.
Consult the price table for delivery in different countries
8 – Payment
The customer who wants to purchase the products has to express this desire through a request made directly on site, in the special dedicated section, where observing the indicated procedures he will send his purchase order and make payment.
The payment of the fee is due from the time of order. The customer commits himself to pay the agreed price for the ordered product on the site (price of products and transport) by means of the available payment methods.
The customer guarantees PLUS TECH to give the necessary authorisations to use the payment method specified in the order.
In case of failed receipt by PLUS TECH of payment, PLUS TECH reserves the right to cancel the order. In case of payment by credit card, PLUS TECH reserves the right to require the submission of copy of identity card showing the current ownership of the used credit card within 24 hours, being understood that in case of failed request sending, PLUS TECH will refuse payment and cancel the order.
The related payment data will be processed through a safe server-to-server link by using the SSL Protocol (Secure Sockets Layer).
9 – Transfer of risks
The transfer of risks to the customer occurs during the delivery of the product to the shipping agent by PLUS TECH. During the withdrawal period mentioned in article 13, the customer is responsible of the subject as guardian. The customer will bear all the consequences in case of damage or destruction of the product during his custody.
10 – Fulfilment of order
The order will be carried out within the time specified on the site and with the acceptance of the order by PLUS TECH and in any case within 30 days after order confirmation, subject to availability of the ordered product and a specific agreement between the parties.
In case of selling out or unavailability of the ordered product, PLUS TECH commits itself to inform the customer as soon as possible and to clarify a possible term of renewed availability.
See article 6 regarding the availability of products.
11 – Delivery
The geographical area of delivery corresponds to the geographical area covered by the offer. The deliveries are carried out from Monday to Friday.
The products are delivered to the address specified by the customer. Delivery is at the roadway unless otherwise indicated. The customer upon final order confirmation must indicate the request for delivery at other address (if available). Unless otherwise specified during the purchase, PLUS TECH does not provide installation service of the sold products.
PLUS TECH subject to art. 6, commits itself to deliver the products to the address communicated by the customer in the purchase order, by means of the shipping agent in charge of the transport. PLUS TECH cannot be held responsible for errors in delivery due to inaccuracy or incompleteness filling in the purchase order by the customer. Furthermore PLUS TECH cannot be held responsible for any damage occurring to the products after delivery to the shipping agent in charge of the transport and delays in delivery attributable to the latter one.
PLUS TECH performs deliveries all over the Italian territory. Deliveries to uncomfortable CAP (e.g. Venice Lagoon, islands and Calabria) could lead to changes in delivery times.
If the customer wishes to make a purchase via the site from abroad, he will have to communicate a valid delivery address; PO Boxes won’t be considered valid addresses for deliveries.
The delivery document issued by the shipping agent, dated and signed by the customer upon delivery of the product will be a proof regarding the transport and release of the goods.
Upon delivery, the customer must check the contents, conformity and condition of the reference product or products.
In case of delays, damages, total or partial loss or other problems, the customer is entitled to appeal to the shipping agent without involving the responsibility of PLUS TECH.
Therefore PLUS TECH recommends the customer upon delivery, to proceed with the control of the condition of the delivered products before signing the receipt document.
If faults are discovered, the customer must refuse the delivery of the products or put his detailed and dated reservations in writing. These reservations must be confirmed to PLUS TECH by recorded delivery letter with advice of delivery within three (3) working days after the delivery of the products.
Consult the price table for delivery in different countries
12 – Withdrawal of products in absence of the customer
In absence of the consignee during delivery, the shipping agent will leave a notice at the delivery address indicated by the customer. In absence of the consignee even at a second delivery attempt, the products have to be collected at the address and in a way specified by the shipping agent.
If not collected within the period specified by the shipping agent, the products will be returned to PLUS TECH, which reserves the right to refund the price of the products, leaving the delivery costs in charge of the customer and will apply storage rates.
13 – Right of withdrawal
The customer has the right to withdraw from the contract without any penalty and without specifying the reason after order confirmation sent by PLUS TECH and however within 14 days after receipt of the product at the specified delivery address.
Full proof of receipt is the date printed on the delivery stamp.
The customer can assert the right of withdrawal through the e-mail address email@example.com.
If the product has already been delivered, the customer is required to return it to PLUS TECH. To that end:
– The deadline for return of the product is fourteen days after receipt of them; full proof is the date printed on the delivery note. Regarding the deadline, the product has been returned at the moment when it is delivered to the post office.
– If the product has been delivered, the substantial integrity of the product to be returned is an essential condition to assert the right of withdrawal. The customer has to return the product properly wrapped and packaged; PLUS TECH won’t accept damaged returned goods, but kept in normal condition, kept with ordinary diligence. Products damaged by detergents/additives, or products damaged by the customer due to inexperience won’t be replaced or refunded. The customer has to put a copy of the received delivery note in the packing box. The risks of transport for return of the products will be completely charged to the customer.
– The returning costs of the product to PLUS TECH are charged to the customer. If the customer assets his right of withdrawal in accordance with the dispositions established in these conditions of sale, PLUS TECH will reimburse the sums paid by the customer on the credit card or on the PayPal account or through the bank coordinates communicated by the customer. Refund will be made free of charge, within thirty days from the date PLUS TECH learned about the exercise of right of withdrawal by the customer.
As provided by the Legislative Decree 06/09/2005 nr. 206 and by art.55 of the Consumer Code, the right of withdrawal covered by these conditions of sale won’t be applied to customized wrapped or clearly personalized products or which by their nature cannot be returned or are at risk to get deteriorated or changes quickly.
14 – Warranty
The customer benefits from the warranty of the manufacturer PLUS TECH as long as the product is normally used and in conformity with the recommendations contained in the enclosed documents with the products and in the related directions.
However, the sold products benefit from the legal warranty against hidden defects provided by article 1641 and subsequent articles of the Civil Code.
Finally, some products enjoy an extended warranty. In these cases, the modes and duration of the warranty are specified in the manufacturer’s certificate delivered with the product. The latter does not cover damage, breakage or malfunction due to non-observance of the precautions for use.
In order to activate the warranty, the customer returns the product to PLUS TECH at his own expenses enclosing the original invoice.
THE CUSTOMER WHO WANTS TO MAKE USE OF THE MANUFACTURER’S WARRANTY SHOULD FIRST CONTACT PLUS TECH BY EMAIL AT firstname.lastname@example.org EXPLAINING THE TYPE OF NOTICED PROBLEM. HANDLING ABOUT PRODUCTS APPLIED ON THE WALL PLUS TECH WILL TRY TO UNDERSTAND AT DISTANCE THE KIND OF PROBLEM AND FIND A SOLUTION WITH THE COLLABORATION OF THE CUSTOMER.
IF THE PROBLEM CANNOT BE SOLVED PLUS TECH WILL ARRANGE THE WITHDRAWAL OF THE PRODUCT AT THE CUSTOMER. THE PRODUCT WILL BE REPAIRED OR REPLACED WITH AN IDENTICAL one and sent to the customer upon PLUS TECH charge, except in case of selling out or manufacture stop of the proposed range. In the latter case PLUS TECH COMMITS ITSELF TO FIND A SOLUTION CONSISTENT WITH THE CUSTOMER’S REQUIREMENTS.
15 – Use of the site
The accompanying presentation photographs and video of the products for the descriptive information are posted on the site as description, taking into consideration that the quality of the images, including an exact display of colour variations, can depend on the software and IT tools used by the customer during connection to the site. PLUS TECH does not assume any responsibility for the problems caused to the customer by the use of the site and technologies employed since independent from their will.
16 – Intellectual and industrial property rights.
PLUS TECH informs that the site, as well as all trademarks and brands used in connection with the sale of the offered products, are protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation is forbidden, in any form and for any purpose they occur. PLUS TECH reserves the right to take legal action to protect those aspects. PLUS TECH does not assume any responsibility regarding the trademarks and other characteristic signs appearing on its promoted products on the site, for which the customer does not acquire any right, owing to the conclusion of the contract.
17 – Protection of personal data
PLUS TECH is the owner of the personal data collected when you register on the site, as well as those ones subsequently submitted at the time of purchase by the customer, except for the data related to the payment procedure, where reference should be made to the banks of transaction. Please refer to the already detailed information provided when registering on the site WWW.WALLMOUNTLAB.IT for information related to the processing of personal data, including the rights according to article 7 of the Legislative Degree nr. 196/03 which you can read HERE.
18 – Electronic signature
The “confirmation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
19 – Contract entirety
These general conditions of sale constitute the entirety of the obligations by the parties.
No other general or specific condition communicated by the customer can be included or disassociated from these general conditions.
20 – Invalidity
Should one or more dispositions of these general conditions being considered invalid or so declared according to the application of a law, regulation or after a final decision by a competent jurisdiction, the other dispositions will retain all their force and their value.
21 – Communications
It is possible to contact PLUS TECH for any communication at the following addresses:
PLUS TECH DI BENZI
Via G. Ferrari, 21/Q
22 – Applicable law
The sales contract between the customer and PLUS TECH is concluded in Italy and governed by Italian law.
23 – Place of jurisdiction
The place of jurisdiction for any dispute is the one of BUSTO ARSIZIO (VA).