Terms and Conditions

Art. 1 – SUBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION

These General Terms and Conditions of Sale (hereinafter referred to as the “General Conditions”) govern the sale of items (hereinafter referred to as the “Products”) marketed by a seller (hereinafter “Packommercialservice Srl”) within a distance selling system organized by the seller, which primarily uses the distance communication technology called “Internet” for this contract. All purchase contracts for the aforementioned products, concluded through the website “www.packommercialservice.it” following the procedures indicated therein (online), between “Packommercialservice Srl.” and the INTERNET CLIENT (hereinafter “CLIENT”), will be governed by these General Conditions, which form an integral and substantial part of them. Any changes to these General Terms and Conditions of Sale will be effective upon their publication on the site and will apply only to sales concluded thereafter. The reference legislation is Legislative Decree 6/9/2005 n.206 (Consumer Code) which provides specific duties for the seller and equally specific rights for the CLIENT, Legislative Decree n.114/1998, Directive n.2000/31/EC which provides, among other things, that the process and conclusion of the electronic contract can be considered concluded when the proposer “acknowledges” receipt of the order from the service recipient, and that both the receipt and the order are considered received at the time of their electronic accessibility.

Art. 2 – PRODUCTS

Packommercialservice srl expressly declares that the images of all products on the website www.packommercialservice.it or otherwise communicated to the CLIENT are to be understood as merely illustrative and descriptive, guaranteeing, however, that the characteristics of the same products – unless modified by the manufacturer, which will still be promptly communicated to the CLIENT before the order is shipped – are those indicated next to the product image.

Art. 3 – ORDERS

All orders are subject to acceptance by “Packommercialservice srl”, located at Via Salita Superiore Montaldo n. 1°/1 – 16137 Genoa, VAT: IT02563100995. Purchase orders concluded through the website www.packommercialservice.it must be completed in all their parts and must contain the necessary elements for the exact identification of the ordered products and the place of delivery. They are to be considered as the CLIENT’s contractual proposal expressed ONLINE. The response to such purchase order proposal by Packommercialservice Srl, sent via email to the address indicated by the CLIENT, constitutes only confirmation of receipt of the purchase proposal. The contract is considered concluded and binding for both parties when the Order Confirmation is sent by Packommercialservice srl to the CLIENT, except in cases of obvious errors in the data contained in the order (e.g., price clearly out of market, sudden unavailability of the supplier of certain ordered products, non-compliant tax code, nonexistent phone number, etc.). “Packommercialservice srl” may then send the CLIENT an order rejection and reserves, at its sole discretion, the right to cancel any order in case of material errors related to the CLIENT’s order or the information sent by the CLIENT through the website www.packommercialservice.it (e.g., the selected product price is clearly incorrect, nonexistent email address, etc.). The CLIENT may purchase the products indicated in the electronic catalog provided, present on the website www.packommercialservice.it, and in the quantities existing in stock. If an order exceeds the quantity available in stock, the purchase will be accepted only for the available products. In this case, the CLIENT will be informed and may revoke the order or integrate it with a substitute product. The CLIENT must immediately notify “Packommercialservice srl” of any errors or omissions of any kind in the payment terms and prices contained in the order acceptance document.

Art. 4 – PRICES, SHIPPING COSTS AND PAYMENTS

All sales prices of the products displayed and indicated within the website www.packommercialservice.it constitute a public offer and are VAT excluded; the shipping cost is €15.00 for orders under €150.00 except for remote locations, which will be calculated at the time of order. In case of delivery outside the Italian state, any additional costs due to taxes or duties provided by the current legislation in the destination state will be borne by the CLIENT. “Packommercialservice srl” reserves the right to change the prices published on the website www.packommercialservice.it at any time. The prices of the products published from time to time cancel and replace the previous ones and are subject to the actual availability of the products.

Art. 5 – DELIVERIES

“Packommercialservice srl.” will deliver the selected and ordered products to the Clients at the destination address specified in the order. In case of the recipient’s absence at the time of delivery, a notice will be left, and the CLIENT must personally contact the courier or forwarder as soon as possible to arrange the delivery methods. Delivery will be made by the BRT BARTOLINI carrier, mainly at street level. No responsibility can be attributed to “Packommercialservice srl” for delayed or non-delivery due to force majeure or fortuitous events.

Art. 6 – INVOICING – PAYMENT TERMS AND METHODS:

The CLIENT agrees to pay the price of the ordered Products by advance payment via Paypal following the appropriate instructions on the site. The shipped goods will be delivered with an immediate Invoice; the deferred Invoice will be sent to the Email address provided during registration within 30 days from the date of the transport document issuance.

Art. 7 – LIMITATIONS OF LIABILITY

“Packommercialservice srl” assumes no responsibility for disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the contract within the agreed times. “Packommercialservice srl” will not be liable to any party for damages, losses, and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, with the CLIENT having the right only to the refund of the paid price. Similarly, “Packommercialservice srl.” is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks, and other means of payment, at the time of payment of the products purchased on the website www.packommercialservice.it. Without prejudice to cases of willful misconduct or gross negligence by “Packommercialservice Srl.”, it is hereby agreed that, should the liability of “Packommercialservice Srl.” be established for any reason towards the CLIENT – including the case of total or partial non-fulfillment of the obligations assumed by “Packommercialservice Srl.” towards the CLIENT as a result of the execution of an order – the liability of “Packommercialservice Srl.” cannot exceed the price of the Products purchased by the CLIENT and for which the dispute has arisen. The liability of “Packommercialservice Srl.” for delivery delays cannot exceed the amount of shipping costs incurred by the CLIENT.

Art. 8 – COMMUNICATIONS

The CLIENT consents to the use by “Packommercialservice srl” of tools such as Email or automated calling systems without the intervention of an operator or fax.

Art. 9 – OWNERSHIP OF GOODS

The ownership of the products offered on www.packommercialservice.it will occur after full payment of the products. The risks of breakage or deterioration of the Products pass to the CLIENT at the time of delivery.

Art. 10 – RIGHT OF WITHDRAWAL

CLIENTS can return items and request a refund within 14 days from the invoice date. For this, contact the number +39 521 1804211. If the goods are no longer needed or the order was made incorrectly by the client, they can be returned within 14 days. The refund will be provided once the goods have been received by Packommercialservice srl. The client will be informed of any applicable delivery costs and administrative fees related to the return of the goods before the goods are returned. If the client wants to return any damaged or defective items or delivered by mistake, they are entitled to a full refund once the items are examined by Packommercialservice srl. Any damaged goods must be reported at the time of delivery. If you wish to cancel an order, please notify as soon as possible. The company reserves the right to charge any fees if the order has been packaged by warehouse staff. If the order has already been shipped from the warehouse, the above rules and refund policies will apply. The refund will be made as soon as possible, and in any case within 15 days from the date on which Packommercialservice srl received notice of withdrawal from the CLIENT and also received the ordered goods intact and in the original packaging directly at our warehouse. The CLIENT is expressly obliged to return, together with the purchased goods, any free products received, which are, in any case, an integral and inseparable part of the entire order and whose concession is subject to the acceptance of the goods by the CLIENT.

Art. 11 – WARRANTIES AND ASSISTANCE METHODS

“Packommercialservice srl” markets high-quality products. In case of imperfections or anomalies not explicitly attributable to “Packommercialservice srl” given the very nature of the products offered in the catalog, the CLIENT can contact the company directly through our contact channels (email: info@packommercialservice.it; Tel: +39 521 1804211). Any right of the CLIENT to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things caused by goods purchased through the website www.packommercialservice.it.

Art. 12 – BUYER’S OBLIGATIONS

The CLIENT undertakes, once the purchase procedure provided by the website www.packommercialservice.it is completed, to print and keep these general conditions, which, moreover, they will have already viewed and accepted as an obligatory step in the online order shipping phase. It is strictly forbidden for the CLIENT to enter false, and/or invented, and/or fictional data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; personal data and email must be exclusively their own real personal data and not those of third parties, or fictional. It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. It is also forbidden for minors to register. “Packommercialservice Srl” reserves the right to legally pursue any violation and abuse, in the interest and for the protection of consumers.

Art. 13 – PROVISION AND PROCESSING OF PERSONAL DATA

Personal data is collected for the purpose of registering the CLIENT and activating the procedures for the execution of this contract and the necessary communications; such data is processed electronically in compliance with current laws and may be exhibited only upon request of the judicial authority or other authorities authorized by law. Personal data will be communicated to subjects delegated to perform the activities necessary for the execution of the contract concluded and disseminated exclusively within this purpose. The interested party enjoys the rights referred to in Legislative Decree 196/2003 and subsequent integrations and modifications, in reference to the right to privacy.

Art. 14 – DISPUTES

Any dispute relating to the application, execution, interpretation, and violation of purchase contracts concluded online through the website www.packommercialservice.it governed by these General Conditions or otherwise connected to them, is subject to Italian law. For any dispute between the parties regarding this contract, “Packommercialservice Srl” is in favor of out-of-court agreements through recourse to an arbitration board composed of three technicians, two appointed by the respective parties and one by the same technicians. In any case, if the CLIENT is a FINAL CONSUMER, the competent court is that of the CLIENT’s place of residence, if located in ITALY. If the domicile of the CONSUMER CLIENT or their residence is not within the Italian territory, the competent court is that of the contract’s execution. If the CLIENT is a VAT holder and purchases to meet their business needs (NON-CONSUMER CLIENT), the exclusive competent court is the Court of Genoa.

Art. 15 – CONFIRMATION OF ACKNOWLEDGMENT OF THE TERMS OF SALE

The computer system related to the order compilation is such as to prevent the confirmation and validation of the same in the absence of an explicit command given by the Buyer aimed at confirming the reading of these TERMS OF SALE by the Buyer. The most updated version of the General Conditions will be the one that at the time of the CLIENT’s subscription of their order, will govern such order; the CLIENT is therefore requested to print and keep a copy of these GENERAL TERMS OF SALE for future reference, and to subsequently verify any changes to the one they printed.

Art. 16 – Applicable Law

Contracts concluded online by the CLIENT on the website www.packommercialservice.it are governed by Italian law. For what is not expressly provided here, the applicable legal provisions for the relationships and cases provided in the contract concluded online by the CLIENT with Packommercialservice Srl apply.

UNFAIR CLAUSES

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, specific approval is required for the following clauses:

Art. 4 – Prices, Shipping Costs and Payments

Art. 5 – Deliveries

Art. 7 – Limitations of Liability

Art. 8 – Communications

Art. 10 – Right of Withdrawal

Art. 11 – Warranties and Assistance

Art. 12 – Buyer’s Obligations

Art. 14 – Disputes

Art. 15 – Confirmation of Acknowledgment

Art. 16 – Applicable Law

The unfair clauses listed above, and forming part of the GENERAL TERMS OF SALE must be explicitly accepted by the CLIENT under penalty of the impossibility of concluding the order. For this purpose, they are proposed again at the end of the order and are subject to the activation of an acceptance FLAG by the CLIENT.