SELLING TERMS AND CONDITIONS
PR CONSULTING DI PIERGIORGIO REGONESI
, VIA RUGGERI DA STABELLO, 18D - 24123 - BERGAMO, C.F. RGNPGR72P08A794B, telephone 0350666095, e-mail address firstname.lastname@example.org
”) makes avialable to all customers the possibility to accept and use the website www.prfilaments.eu (following “Application
”) of his exclusive ownership, which offers consumables for 3D printers (filaments), sale of 3D printers, design consulting, 3D printing service, 3D accessories and replacements (following “Products
Please read carefully the present informative and conditions (following “Conditions”) berofre using the application. By utilising , the client accepts the conditions and aundertakes to respect them. Otherwise the customer cannot use the application.
The owner will be able to modify or simply update, partly or totally , the conditions. The modifications and the updates, will be bound once the application is published. The consumer is thus invited to view the conditions at every application access , and is higly recommended to print a copy for future consultatons.
To use properly some functionalities, the users have to register themself providing, in a tryly and complete matter, all data required in the relative registration form and fully accept the priivacy policy ( https://www.prfilaments.eu/privacy
) and the present conditions. The customers has the duty to keep secure his own credentials access.
Has to be clear that in no case the Owner could be accused about losses, diffusion, theft or not permitted use by third, for any kind of purpose, of the users credentials access.
2. Account cancellation or closure
The consumers can always end the utilization of the products, disable his own account or request the cancellation by using the application ainterface, if possible, or contactiing directly the Owner through the e-mail address email@example.com
and the present conditions. The customers has the duty to keep secure his own credentials access.
Has to be clear that in no case the Owner could be accused about losses, diffusion, theft or not permitted use by third, for any kind of purpose, of the users credentials access.
3. Purchasing on the Application
The purchase of on or more products through the Application is allowed for the users which are consumers but also to users which are not.
To the senses of the art. 3, I comma, lett. a)of D. lgs. 206/2005 (“Purchase Code
”) it's important to remind that play the rule of consumer the phisycal person which, base on products purchasing, acts with external aims related to any carried out business activities, commercial, professionals or artigianal.
To physical people the purchase is allowed only under the condition they are at least 18 years old.
The Owner is committed to describe and illustrate the products sold on the platform in the best way. Neverthless there should be some errors, inaccuracies or light differencies between the application and the real products. Plus, the potential pictures of the products don't constitute contracting element, since they are only representative.
The products, prices, and selling consditions, limited to their availability, don't constitute offer to the public; so, the y have to be considered as indicative products , which have to be confirmed via e-mail or through the order confirming page visualization by the Owner, after an accurate check of the product availability.
The User gives to the Owner the explicit faculty of accepting also if only partially the order made (for exemple in case there won't be the avilability of the whole ordered products). In such case the contract will be judged refined, related to the products ectually sold. The Owner has the power of modifying, in every moment, the prices of the products and the possible shipping expenses. Has to be clear as well that potential modifications won't be a prejudice for the contract already closed before the modification.
The products selling prices are not VAT comprehensive; any other taxes and/or shipping expenses charged to the consumer, will be indicated before the purchasing confirmation. The products payment can be carry out by using the modalities illustrated on the Application where paying.
The Application uses third part toolsto elaborate the oayments and it doesn't come in to contact with the details provided ( credit card number, users name, passwords, etc,).
In case these tools will deny the payment authorization, th Owner can't provide the products and he won't be responsible for any kind of delay or failure in delivering.
4. Conclusion of the contract
The signed contract through the application it is considered to be concluded in the moment the consumer will receive, via e-mail and/or through visualization of an Applcation page, the formal confirmation of the order through which the Owner accepts the sent order by the user and he informs the customer to be able to evade from the contract.
The contract will end in the place in which is located the legal seat of the Owner.
The Owner retains for himself the faculty to refused the order:
- when the product is not available;
- when the Owner doesn't receive the authorization of the payment for the product bought bu the user;
- when, at the time of the purchase, the price indicated was totally recogniziable as wrong. In such case the User will be contacted by the Client Service to be informed and he will receive the refund related to the transaction performed .
Until the consumer doesn't receive the confirmation previously presented, he has the power to proceed with the cancellation of the order , through sending an e-mail to the Owner's address, as better expleained in the clause related to the “Termination right”.
The commercial invocie, when requested by the User, will be sent to the Owner . All the Users which wish to receive the invocie, will be asked the invoicing details. The invoice emission data are based on the information given by the customer , which he declared to be true, and giving the Owner the widest waiver on that.
6. Delivering modality
The Owner will deliver to the User, to the address provided, the ordered products, witthin the modalities laid down in the previous articles, through couriers or trusted shipping. The deliver will happend based on terms indicated in the order.
When the product is received, the User has to veirify its conformity, only after such check , he can proceed in signing the delivery documents, unless the recession right laid down by related clause in the “Termonation right”.
The Owner will not assume any kind of responsability rof delay or missed delivery of the imputable item caused by accidents, expllosions, fires, strikes, earthquakes, flood or any other events wich could prevent the correct shipping as agreed in the contract.
The Owner won't be liable to any part or thirds, regarding damages and costs following the missed execution of the contract due to the previously illustrated causes, since the User has the right to be refund only about the price eventually paid.
7. Membership subscription
The Application offers membership services. In such case, the Payments start from the date specified at the subscription time. The subscription membership will be renewed automatically every six months. The renewed subscription will be extended for a period of time equivalent to the original period. The Users can disable the automatic renewal at any time within 14 days from the expiring date through the Application platform, if possible, or directly contacting the Owner using the e-mail address firstname.lastname@example.org
or calling the Clients Service to this number 0350666095.
8. Termination right on material products
The User which play the role of consumer, that for any reason is not satisfied of the purchase of material products, has the right to terminate the agreed contract, without any penalties or specifying the reason why , within 14 days by the delivering date of the item. To end the contract, the User must contact the Owner using this e-mail address email@example.com
or calling the Clients Service at this number 0350666095 option 3. The User will be informed about the modality related the product's return. In case of termination, the Owner will refund the payments received bu the User, plus the delivery expenses without delays, within 14 days since the User has communicated the Owner about the termination.
The Owner will refund the User followinf the same payment method used by the User for the online purchase. The Client must return the Products, using a vector of his own choice and expenses, without delays, or in general within 14 days from the when he has notified the Owner about his termination decision.
The User is responsible for the Item intergity until it's in his possession and he must adopt all the preventing measures to preserve the Item so that it will be returned in the best posiible conditions, comprehensive of original package not damaged, istruction manuals, accessories, potential spare parts or components. The Product cannot be manipulated in a different way neccesary to evaluate its nature, details or the product's operation. The Owner won't accept return requests in case of malfunctioned products caused by unproper use, negligence, damages,physical-aestethical-superficial-alteration, traces of wear or tampering.
9. Termination right for digital products or service
The User which for ay reason is not satisfied about the performed purchase of digital products (not provided on a material support) or services can withdraw from the contract within 14 days before the ending date reported on the contract, sending a written communication using this address firstname.lastname@example.org
or calling the Clients Service at this number 0350666095 option 3 , including the details necessary to identify the purchase.
Th User accepts to lose the rights of termination in the moment in which he makes the download and/or after the beginning of the contract, if the esecution is started wiht the agreement expressed of the User and with the acceptance of the right termination loss. If the User decides to termine the contract within the terms above , the Owner will refund all the payments received by the consumer without delay, and not beyond the 14 days from when the User has informed the Owner of his wish of ending the contract. The Owner will refund the cost of the Product whi the same payment method used by the User.
10. Exsclusion by the termination right
The termination right is excluded relatively to:
11. Optional form to exercise the termination right
- supply of products tailro-made or customized;
- supply of products which risk the deterioration or quick expiration;
Optionally , the User can end the agreement using the following form, which has to be compiled and sent to the e-mail address email@example.com
before the specific ending period:
With the present form I notify the termination of selling contract related to the following goods/services:
Order number: _______
Ordere date: _______
Name and surname: _______
E-mail associated with the order: ____________________
12. Conformity guarantee
All the products which are part of the “Consumer goods” category, as disciplinated by the art. 128, 2° comma of the consumer code, sold through the Application are covered by the legal guarantee of conformity laid down by the art 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved to the consumers. Therefore. This is valid only for the users which have made the purchase on the Application with NO business, commercial or artigianal aims.
To whom has purchased via the Application but doesn't play the role of consumer, they will be applied of the guarantees for the item sold vice, the guarantee for defect of quality promised and all the other guarantee laid down by the civil code respecting the related terms, deadlines and limitations (artt.1490 e ss. c.c.).
The conformity defect shown within 24 months the purchased date, must be reported within the following 2 months the date of defect discovery.Unless proven otherwise, it assumes that all conformity defects, already existed at that date, unless this hypothesys is incompatible with the product nature or with the conformity of nture defect. After the 6 months, It will be User's duty to provide the proof that the damage has not been caused by wrong or unproper use of the product.
To the senses of the art. 130 of Consumer code, in case of product conformity defect, the User has the right of the good conformity restore or substitution. This right of choice cannot be exercised if the remedy is objectively impossible or too expensive. Plus, the User has the right of a correct price discount or to the resolution of the contract only in presence of the following situations: i) the repairs or the replacement are impossible or too expensive; ii) the Owner has not repaired the items within an appropriate timing iii) repair or replacement has brought huge drawbacks to the User. In case the User wishes to use the solutions provided by the legal gaurantee which follos the Products, he/she must contact The Owner using the e-mail address firstname.lastname@example.org
or calling the Clients Service at this number 0350666095 option 3. The Owner will quickly evaluate the communication of the potential conformity defect and he will show to the user the specific procedure to follow, taking in account the product category to which the item belongs and/or the notified defect.
13. Intellectual and industrial property rights
The Holder declares to own all the intellectual property rights related and/or linked to the Application and/or materials or contents available on the Application platform. The User can use the application and the materials and contents present in it, only for personal use and not commercial. L’Utente potrà utilizzare l’Applicazione e i materiali e contenuti ivi presenti solo per uso personale e non commerciale. The present conditions don't grant the User any license related to the Application and/or single contents and/or materials available in it. Any other use or reproduction of the Application or of materials and contents is strictly forbidden. Every marks, nominatives, business names, service marks, illustration, pictures, logos which appear in the Application are and remain of exclusive property of the Owner or his licensees and are protected by international laws applicable on marks.
Potential reproductions in ay form regarding the illustrative tests or Application contents, where not authorized, will be considered as violations of the intellectual and industrial rights of the Owner.
14. Exclusion from the gurantee
The Application is provide “as it is” ad “as it is available” and the Owner doesn't furnish any explicit or implicit guarantee related to the Application, it doesn't provide any guarantee which the application can satisfy the users' demands or that it will be free of virus or bug. The Owner will work to assure the continuous 24 h availability of the Application , but he can't be responsible in no case, for Application unaccessability at any time or period. The access can be temporarily locked, and wihout notice, in case of system failure, manteinance, works or reasons beyond the Owner wishes.
15. Responsability limitations
The User commits himself in keeping safe and exonerate the Owner ( and also the society belogs to him, representaives,workers, consultants, administrators, agents, licensees, partners or employees) from any responsabilities, including potential legal expenses used to defend himself in a trial, which could happen in case of damages to other users or third part, related to charged Contents, to the violations of law terms or the one present in the Condition terms.
Therefore, The Owner won't be responsible for:
- potential losses nto directly linked to violation of the contract by the Owner;
- any losses of commercial opportunity and other losses, also indirect, eventually suffered by the User ( like, commercial losses, losses of: income, revenue or savings, contracts or business relation losses, loss of reputation etc..);
- damage or losses cause by interruption or Application malfunction, due to unexpected events, or generally, indipendent from the wishes or the control of the Owner, such as, by way of example, breakdown or interruption to telephone lines, failure to: electrical system, internet line, transmission system; unavailability of the website, strikes, natural events, hacker attacks, virus,inteeruption in the product erogation or third part services or application.
- wrong or uncorrect use of the Application by Users or thirds;
- emission of wrong taxes documents or personal details provided by the user, since his/she is the only responsible of the correct insertion.
In no case the responsability limitation of the Owner could be bigger until twice the price paid by the User for the used service.
16. Links to “third” sites
The Application could contain links to thirds part sites. The Owner doesn't exercise any kind of control on these, and so, he is not responsible for the contents on these sites. Some of these links could lead to third part sites, which provide services through the Application. In these cases, it will be applied to the single services, the site conditions of general use and for the fruition of services predisposed by thirds, respect to which the Owner doesn't assume any responsabilities.
17. Force majeure
The Owner could not be delcared responsible in failing or delaying to comply his obligations here illustrated, for circumstances out of his reasonable control. The fulfilment of the bonds by the Owner, to the senses of the present condition are suspended in the period of force majeure. The Owner will do everything in his power to identify solutions which allow the correct performance of his own obligations, despite the persistence of force majeure events.
No waiver by any side to one of the present condition article, will be enough, unless it would be expressively declared to be a renunciation and notified in writing.
19. Invalidity of single clauses
In case that any disposition of the present conditions resulted not valid or illegal, it will be considered as part of the General Condition and it will not affect the remain dispositions which will continue to be valid with the best measure provided and allowed by the law.
The Owner can modify, at any time, the present conditions, giving the appropriate notice on the Application. The User acknowledges and accepts that possible modifications to the present conditions will be applied to the orders sent by Users after the communication date about Conditions' modifications.
The guardianship and the treatment of personal data will be carried out respecting the Privacy Informative, which could be consulted on this page https://www.prfilaments.eu/privacy
22. Applicable law and relevant court
The present conditions and all the disputes related to execution, interpretation, and validity of the present contract are subject to the italian law and to the exclusive competence of the court where the Owner has based.
When the User is consumer as well , to the senses of the art 3 of the Consumer Code, the imperative territorial jurisdiction is of the judge of local residency of the consumer, if located on the Italian land, prejudice to the possibility of the user-consumer to appeal a judge different from the “consumer court”one ex art. 66 bis of the Consumption code, competent on the territory based on one of the criterion of artt. 18, 19 and 20 of the civil prcedural code
23. Resolution of online disputes for consumers
The consumer resident in Europe must know that the European Commission has built an online platform which provides an alternative resolution tool to disputes. Such a tool can be used by the european consumer to solve via not judicial way, any kind of dispute regarding selling contract of goods or services signed online. Consequently the european consumer, can use the platform for the resolution of every dispute rising by the online contract concluded with the Owner. The platform is available at the following address : http://ec.europa.eu/consumers/odr/