CONDITIONS OF SALE
Warning: Reading the terms of sale as proceeding with the purchase shall say that you have accepted. For us, customer satisfaction is very important and we hate to misunderstandings occur. For any question we are contactable at +39 0173 212325
Each purchase transaction is governed by the provisions of Legislative Decree n. 185 of 22.05.1999 "Implementation of Directive 97/7 / EC on the protection of consumers in respect of distance contracts" and, as regards the protection of confidentiality, it is submitted to the rules of Legislative Decree n. 196/2003.
This contract is for the purchase of equipment, accessories and consumables selected by the consumer through the telematic selection on www.fer-plast.com. It is applied to any sales made and confirmed via email.
From the moment the consumer can access and use the site www.fer-plast.com must review and agree to these terms of sale before confirming purchases from the site. Sending the order confirmation therefore implies total knowledge of the conditions of sale and their full acceptance. We therefore invite you to read them carefully and print and/or save them in another durable medium of your choice in order to fully satisfy the conditions laid down in Art. 3 and 4 of Legislative Decree n. 185/1999.
Consumers who do not agree to and comply with these terms and conditions must give up access to this website and is invited not buy from Ferplast.
The consumer who proceeds with the purchase through e-commerce, e-mail, fax, phone is informed of the conditions of sale and declares to accept them without reservation. These conditions of sale replace entirely and without exception any contracts or terms send or proposed by the customer.
1_METHOD OF PURCHASE
1a) Purchases of products are made at the price indicated by the staff by Ferplast offer or website.
The price is expressed in Euros excluding VAT.
They are also excluded the cost of transportation, unloading, positioning, assembly testing and everything not expressly mentioned in the offer.
Transport costs are displayed separately at the time of purchase and are valid only for deliveries in the state selected during the order.
Before confirming the purchase, it will be shown the unit cost of each product chosen, the total cost in the case of more products and their transport costs. Confirming the purchase will receive an email message containing the date and the total amount of your order and the details of the same.
2a) The seller reserves the right to vary the prices given in the catalog due to the impact of new costs and / or expenses of any kind.
In any case it shall prevail between the parties the price defined and communicated at the time of the order.
3a) Orders must be accepted and confirmed by Ferplast.
In the case of sudden changes of price, availability and supply or for any other reason Ferplast reserves the right to cancel an order.
4a) If the amount of the order has already been paid, the customer will be fully refunded by bank transfer.
By accepting this contract, the customer waives any possibility of claiming damages for delays, failure to communicate or price change.
2_ORDERS AND BILLING
2a) Orders are accepted online, by e-mail, Internet, telephone or fax.
The sale is concluded with the receipt by the buyer of the order confirmation bearing the order, availability of goods, price and delivery times.
All orders are subject to unquestionable approval from the administration of Ferplast Snc.
Taking charge of the order it is dependent on the execution by the Client of the full payment with one of the available payment methods.
2b) Those require a tax invoice should request this at the time of order by communicating the No. of VAT and all data necessary for its issue.
The goods are always delivered accompanied by the transport document. Tax Invoice is normally issued later by e-mail, within the time prescribed by law.
3_PURCHASE AGREEMENT SIGNED BY MINORS
The purchase can be made only by adults.
However, if you were to check the purchase by a minor by providing false information relating to age, or false information to purchase the desired object and / or to access the desired data, parents are directly responsible for the payment of the purchased without prejudice to the discipline of withdrawal indicated in these conditions of sale.
4_RULES OF PAYMENT
4a) The payment of the products purchased and the shipping costs will be made upon of the confirmation order by using one of the credit cards available indicated on line, directly to the courier at the time of delivery in case choice of payment in cash or by bank transfer.
4b) Buying through the use of the Credit Card involves typing Card data. The Ferplast Snc in order to offer a higher guarantee to its customers decided not to directly manage the data of the card by entering into an agreement with the bank that manages them on his behalf. Buying through cash on delivery involves that the commission charges for the service are charged to the customer.
The cash payment must be made by certified check of the exact amount communicated to the customer on the order confirmation or through cash for the same amount.
The couriers are not allowed to withdraw cash or bank checks for amounts greater than € 999.
4c) If the customer orders with cash on delivery one or more products classified Special by the seller or for a shipping cost more than 50 Euro. Ferplast may request an advance cautionary transport costs.
5a) For e-commerce, Ferplast Snc makes deliveries, using specialized couriers. The goods are shipped at cost and risk of the customer. Any taxes, customs fees, surcharges required by the carrier are excluded from the price indicated and are the sole responsibility of the customer.
5b) Purchased products are delivered directly to the address indicated during the purchase process. Each shipment contains goods ordered and its accompanying documentation. The delivery of the package unless otherwise indicated, is intended to street level and does not include unloading and product positioning.
Shipping costs are calculated based on the volume weight of the products and does not include the discharge of the same.
5c) In case of particularly heavy products the customer is required, when ordering, to warn Ferplast of its inability to unload the goods. Ferplast will contact a suitable courrier and charge the customer any supplements for tail lifts and special vehicles.
Delivery times may vary depending on the availability of goods, but under normal conditions totaled around 10 working days.
The delivery times indicated on the order confirmation are indicative, not binding on the seller and run from the receipt of payment for the goods.
Delivery times may vary without notice.
With the throw of the goods to the courier the seller fulfills his obligation to deliver and ownership of what is transferred to the buyer.
The seller is not responsible for delays and/or other transport damage.
5d) When delivered, the customer is required to verify that the package is not damaged, perforated or wet.
The client must also check that the number of packages delivered is equal to the number of packages indicated on the shipping documents.
Only thereafter it will have to accept the delivery, otherwise it will be obliged to reject the package. If the goods arrive at their destination damaged or broken the Ferplast commits to provide for the replacement of the product, if and only if the recipient has found the product broken or damaged in presence of the courier that made the delivery and if indicated on the receipt document ACCEPTANCE UNDER RESERVE / PACK DAMAGED / DISMISSED BECAUSE DAMAGED.
Being the buyer choose between different types of transport, including methods insured our merchandise travels on behalf and at the risk of the purchaser.
6_ASSEMBLY, INSTALLATION AND OPERATION
6a) The items purchased are shipped fitted and operational.
Ferplast reserves the right to ship certain products wholly or partially dismantled, complete of the assembly manual.
Assembly is at the sole responsibility and expense of the customer.
On request of the same, the Ferplast can indicate or provide specialized technical personnel can assemble the products and carry out a course on the operation.
The conditions must be agreed when ordering.
6b) The installation and commissioning of the equipment must be carried out by suitable and prepared staff.
Ferplast is not responsible for damage to persons or property arising from the operation of the equipment and will not repair under warranty or replace equipment damaged by misuse or incorrect operation.
The nature of the damage will be decided at the discretion of staff Ferplast.
7_ WARRANTY, COSTS AND ASSISTANCE
7a) The warranty period extends for two years from the date of purchase of goods for consumers ("a natural person acting for purposes unrelated to business or professional activity" (Art. 1469 BIS DC.). " , and it lasts one year for all other subjects.
Any subsequent technical interventions or replacement (complete or partial) of the goods does not extend the warranty claims beyond these terms, not renewing the legal relationship between the parties.
The customer, in order to obtain warranty service, must notify the seller of the defect no later than 8 days as from immediately stopping the use of the equipment.
7b) The guarantee of the products manufactured and / or marketed by Ferplast covers only the physical integrity of the goods on delivery and malfunctions attributable to the manufacturing process . Excluded from the warranty intervention costs, travel costs, costs labor, and all that is not expressly included in the conditions of supply.
7c) The customer will take care of sending the defective or failure product at its expense at the headquarters of Ferplast (Corso Asti 49 / A 12050 Guarene CN). The product must be packed and handled in such a way as to avoid any damage during transport.
If it is not possible to transport the customer can request the intervention of our technician.
The interventions of the technicians out of office and any peripheral measures, agreed with the customer, we will be calculated at the current techical rates.
Lose the right to warranty the parts that have been damaged by accident, misuse or negligence by the user, or which bear signs of tampering by unauthorized personnel.
7d) The warranty will not be applied, also, in case of damage or removal of seals and labels for identification purposes on products. Non-warranty and any peripheral measures, agreed with the customer and implemented in conjunction with the intervention of warranty service, we will be calculated according to the unquestionable rates of Ferplast.
The warranty applies only to products which are proven, by showing a receipt for the purchase and the date on which the purchase was made.
The operation of the guarantee is conditional upon payment by the purchaser of the overdue amounts so that the same can not be delayed or withheld.
7e) The intervention times are decided and managed exclusively by the staff Ferplast.
By accepting these conditions the client waives legal actions or claims for damages related to delays in repairs, downtime or repairs unsuccessful or repeated.
7f) The staff Ferplast will not intervene, even if the product is under warranty, if there are any pending payments.
Before any intervention will be required with the balance of the previous invoice (if not paid).
You will also be required as an advance payment guarantee in the new intervention.
8_ PROPERTIES OF GOOD AND LATE PAYMENTS / NOT MADE
8a) The product remains the property of Ferplast until it has been fully paid.
In the case of outstanding payments Ferplast reserves the right to retain the products returned for repair, until they will be paid the debt.
8b) Ferplast does not make repairs, replacement of:
- Equipment unpaid
- Equipment she does not not sold
- Equipment used for purposes non-conforming
8c) If payments are made late or not will be made, Ferplast will act to take legal action, charging the client with all interest and costs that will result from the management of the practice.
9_RIGHT OF WITHDRAWAL AND PRODUCT RETURN
9a) RIGHT TO WITHDRAW: In accordance with Legislative Decree No. 21 of 21 February 2014, the buyer, who acts for purposes not related to the professional activity (the so-called PRIVATE user), may avail itself of the right of withdrawal or rethinking (art 52), returning the product purchased within 14 days of receipt, in full package.
The right of withdrawal is not recognized to those who work for professional purposes (VAT number) (see section RETURNS)
The product should not be used or removed from the original packaging and must not show signs of damage or wear.
Shipping and return charges are the responsibility of the buyer, such as the liability for any damage caused by carriage (art. 57).
For "tailor-made" products, such as custom-made equipment, with expiration or products ordered specifically and all items made on customer's or custom specifications, because tailor-made, can not exercise the right of withdrawal by the buyer Consumer (art 59).
Finally the goods must be returned by means of a shipment to be tracked to:
Course Asti 49 / A
12050 Guarene Cuneo
In trade between our company and professional acquisitions for which Law No 21 of 21 February 2014 is not apply, in full discretion of Ferplast, it is possible to agree to the restitution of the purchased material.
Restitution may only be made in special cases, only after specific approval of our Company and no later than 15 days from the date of delivery.
Only new products (never used) are accepted for replacement, provided that they are in their original packaging complete with manuals and each accessory supplied, shipped free of charge, in appropriate outer packaging. Any shipment in port assigned and without authorization to rendered will be rejected and no refund will be made.
Any loss of material or damage due to transport will be borne by the customer.
The simple will to return a purchased product is subject to our company's approval and is subject to a non-refundable fixed cost of 30% (this cost cannot be less than 30% of the purchase amount of the goods) due to customer management, order preparation, packaging and shipping costs: no forward shipping cost and return will be refunded.
These conditions are applied to cover the various order handling, packaging, offers, manuals, minor damage due to use and transportation, but especially because the products used, even if little, can not be sold to a Future customer as "new" and for fairness will be discounted.
We count on your collaboration as we are confident that you will not even want to receive a used product, paying it as new.
10_DISCOUNT CODES AND GIFTS
10a) The discount codes and gifts are reserved only to purchases made online.
10b) The Ferplast reserves, without notice, to make any changes to the rules for assigning codes discount and freebies.
The assignment mode are expressly indicated on the website under "GIFTS and COUPON".
For each question, we are available to respond.
LIMITATION OF RESPONSIBILITY
11a) Ferplast Snc is not liable for any damage resulting from use or incorrect use of the service provided by www.fer-plast.com. In no event Ferplast Snc, its representatives and its employees, shall be liable to the User or anyone else.
11b) The Ferplast Snc does not assume responsibility for errors and omissions in www.fer-plast.com or any website or catalog you can reference or connection.
11c) The Ferplast Snc, to offer a better service, constantly updating the site WWW.FER-PLAST.COM. An update to data sheets and prices can occur at any time. Despite our constant efforts, indicated, may contain inaccuracies of any kind or typos.
11d) The Ferplast does not guarantee that the services provided by WWW.FER-PLAST.COM will be provided without interruption, this will be announced in advance except for reasons beyond the control of the Ferplast Snc.
11e) The Ferplast Snc is the only responsible to evaluate the accuracy, completeness and usefulness of what is provided by the site www.fer-plast.com
11f) The Ferplast Snc disclaims any liability to you or any third party for any indirect, incidental, consequential, exemplary or punitive damages (including but not limited to them, loss of profits, revenues, business opportunities) emerged out of or in connection in a product or service provided by Ferplast Snc or the use or inability to use the same.
11g) The Ferplast Snc does not assume any responsibility for problems caused due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other events that could prevent, in whole or in part, to running in the contract on time. The Ferplast Snc will not be liable to any party for any damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, since the customer is only entitled to a refund of the price paid.
11h) Without prejudice to the case of fraud or gross negligence of Ferplast Snc, is now agreed that, if found responsible of the same in any capacity against the customer, including the case of default, in whole or in part, the obligations assumed by Ferplast Snc against the customer as a result of the execution of an order, the responsibility of the Ferplast Snc shall not exceed the price of products purchased by the customer and for which the dispute arose.
12a) The User is obliged to ensure that their inputs are true, complete, updated and communicate any modification of the same.
In the event that you make false statements is provided for the loss of the benefits obtained from the services granted. The Ferplast Snc reserves the right to elide these subjects from their lists of users, after formale and not accepted invitation to self-correction.
13a) This contract is governed by the rules of the Italian legal system. For any dispute, the ASTI (AT) forum will be competent.
We believe that the right of ownership is very important to protect visitors from potential scams and not serious companies (who have products available in stock, not parts etc ..) which, by stealing pictures and passing them off as their own, they can fool the customer
We also believe that the work and the time taken by Ferplast, its employees or collaborators should be safeguarded.
All catalogs, logos, photos, videos, charts, technical descriptions and translations are the exclusive property of Ferplast Snc.
Before any use is mandatory to apply at our offices
Photos and videos can be protected by watermarking.
What is watermarking?
The "watermarking" is a way to "hide" the information of the author by including them in the image, so that you can retrieve them from the file even after fairly heavy manipulations.
In Italian the term "watermark" is translated as "watermark", 'cause it is a mark not normally visible
We reserve the right to take legal action and / or request compensation in case of use of copyrighted material.
How proceeds Ferplast:
- Assessment of the violation of the right to coyright
We make photos, videos and makes a copy of the site. This will ensure the breach.
- Start legal action if the violation is clearly intended
- Sending E-mail / recommended where it is reported the violation found.
- Legal action without notice if the pictures, videos or texts are not removed
Any disputes concerning the violation of Copyright is mandatorily by the court of Asti.
It should be noted that each product or product name and description of these, each name and its description, company, institution, personal names, trademarks, logos mentioned on this site are trademarks or elaborated their respective owners and may be protected by patents and / or copyrights granted or registered by the authorities.
It declares that all exceedingly WWW.FER-PLAST.COM site content, such as text, files, tables, information contained within the pages of the site, graphics, HTML, logos, button icons, images, graphics, music audio-video, the compilation (meaning the collection, arrangement and assembly), all software, source codes, application projects, formulas, algorithms, databases, etc., used on the website are the exclusive property of Ferplast Snc or its content providers and products, and are protected by national legislation (Law 663/1941, as amended) US and international copyright, patents and those related to intellectual property and / or industrial; You may not modify, copy, distribute, transmit, reproduce, publish, license, create derivative works, transfer or sell any information, software, products or services obtained from this website even in the absence of profit-making. Any use other than that provided by the present "General Conditions of Sale and Contract of Ferplast Snc on www.fer-plast.com" including reduction, modification, distribution, transmission, reproduction, viewing or the performance of content this site is prohibited and any unauthorized use of the resources on fer-plast.com constitute a breach of copyright, unless more serious offense, and exposes the responsible to the relevant legal consequences provided for in art. 171, 171-bis, 171-ter, 174-bis and 174-ter of Law 633/1941 and subsequent amendments.
Under Article 13 Legislative Decree 196/2003 "Code concerning the protection of personal data" we inform the customer that the processing of data provided to Ferplast Snc being recorded at this site has the primary purpose of registering the user and lead to the conclusion of sales transaction. The provision of data is optional but a refusal to submit them determines the inability to perform the service of online spending.
The personal data provided is collected by information technology and treated, even with the help of electronic means, directly and/or through third party representatives (the company for home delivery, for mailing and data entry) for the following purposes:
- Administrative management of orders and purchases;
- Statistics relating to the detection of the buying behavior;
- Sending of advertising material concerning products and offers through the use of newsletters, SMS, MMS.
May be accessed to information about the Customer subjects specifically charged as employees or contractors who have the need for carrying out their duties or by virtue of the position that hold, in full knowledge of the regulations on privacy and of the processing of personal data, in treatments necessary or related to process your order, sending information and advertising material and gifts.You may possibly be involved third party service providers (agents,external managers or autonomous controllers) necessary for the execution of the contract such as vectors for the delivery, companies providing payment services, the company's consultants, etc.
In any case the Ferplast Snc undertakes not to communicate or disseminate data to subjects not required for the performance of the above services and treatments unnecessary, irrelevant and exceeding the contractual requirements.
Under Article. 7 of Legislative Decree no. 196/2003, the Customer has the right to obtain confirmation of the existence of personal data concerning him or her, even if not yet registered, and their communication in intelligible form. You have the right to obtain information:
a) source of personal data;
b) the purposes and methods of treatment;
c) the logic applied in case of treatment with electronic instruments;
d) the identity of the owner, manager and the representative appointed under article 5, paragraph 2;
e) subjects or categories of persons to whom the data may be communicated or who can learn about them as appointed representative in the State, managers or agents.
You have the right to:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, anonymization or blocking of data processed unlawfully, including data that need not be kept for the purposes for which the data were collected or subsequently processed;
c) confirmation that the operations in letters a) and b) have been notified, also as regards their content, of those to whom the data were communicated or disclosed, except if this requirement impossible or involves a manifestly disproportionate to the protected right.
You have the right to object, in whole or in part:
a) for legitimate reasons the processing of personal data concerning him, even to the scope of the collection;
b) to the processing of personal data relating to the purpose of sending advertising materials or direct sales or for carrying out market research or commercial communication.
The data controller is the Ferplast Snc with registered offices and headquarters in Corso Asti 49 / A, Guarene (CN), (Iva 01689310041)
16_FERPLAST CATALOGS, PHOTOS, FEATURES AND PRICES
The illustrations, prices and specifications of items on Ferplast catalogs, website www.fer-plast.com or flyers are indicative and may vary.
17_ MANUALS AND CERTIFICATIONS
All products sold on the site www.fer-plast.com are CE certified and are shipped complete with the operation and maintenance manual.
Each manual and certification correspond to the serial number of a one and only product, which must be "assigned" to a customer.
For this reason, and to prevent our certifications are tampered, there is not possible to provide manual and certification prior to the actual purchase of the product and the related allocation of the serial number.
The manuals, unless otherwise requested, are shipped in ITALIAN language (ENGLISH or FRENCH if the sale takes place in a foreign state).
If the customer needs the manual in its language (eg GERMAN) must expressly request it before ordering.
We reserve the right to charge a price increase.