Terms and Conditions of Sale

 

ARTICLE 1 – DEFINITIONS, PURPOSE AND APPLICABLE LAW

1.1 Definitions

In these general terms and conditions of sale (hereinafter also: “GTC”):

“Customer” means any person, whether or not they have completed the registration process and created an Imballaggi Point account, who purchases and/or intends to purchase one or more products and/or services through the Website, whether a consumer (“Consumer Customer”) or a professional (“Professional Customer”), as defined by Legislative Decree 206/2005.

Business Day(s): means all days of the week excluding Sundays and other nationally recognized public holidays.

“Affiliate”: depending on the case, means the natural and/or legal person who purchases from Imballaggi Point and resells retail products and services under the Imballaggi Point brand, or the store managed by the same Affiliate, linked to Imballaggi Point by a franchising and/or commercial affiliation agreement.

“Store” means the physical store managed directly by Imballaggi Point or by companies having separate legal personality from Imballaggi Point, authorized by Imballaggi Point to use the trademark and brand “Imballaggi Point”.

“Website” means the website www.imballaggi-point.it.

“Services”: means the free offer or offer in exchange for payment of a price of products and/or services available on the website whose main component is not linked only to physical delivery or distribution of products (e.g. product reservation services; additional services; warranty extension and after-sales assistance) but also to the offer of services related to the information society.

“Imballaggi Point” means Everservices srl. Registered and administrative office: Piazza G. Marconi n.15 Box SL 497 - 00144 Rome. VAT No. 15364721009 - REA RM – 1585475 - Phone: 0656547117, e-mail: vendite@imballaggi-point.it.

The website contains a list of all Imballaggi Point stores (direct stores) and affiliated stores under the “Imballaggi Point” brand (indirect stores) which, even if not directly managed by Everservices srl, are affiliated with it and required to comply with these GTC.

To use the services offered on the website by Imballaggi Point, it is necessary to create an Imballaggi Point account by registering. The Customer must keep their account and password confidential, as well as control access to their electronic devices; they are also responsible for all activities carried out using their account.

1.2 Applicable Law

The Customer is invited to carefully read these general terms and conditions of sale before making reservations and/or orders through the Website. By making any reservation and/or order, the Customer implicitly and fully accepts these general terms and conditions of sale which therefore shall be considered known and accepted by the Customer in every clause and provision, with no exclusions whatsoever.

The contract for the sale of products and services concluded through the Website is governed by these general terms and conditions of sale and, where applicable, by the provisions of Legislative Decree 6 December 2005 No. 206 (“Consumer Code”), by Legislative Decree No. 70/2003 and by the Italian Civil Code, insofar as not expressly provided herein.

These GTC apply to orders for products and/or services available on the Website, in the version published at the time of the order.

1.3 Online sales contract – applicable law

An online contract is concluded when the Customer chooses to order, purchase and pay through the Website one or more products and/or services available on the Website that the Customer chooses to receive directly at their home.

In such contract, Imballaggi Point acts as the selling party.

The online sales contract is subject to these general terms and conditions of sale.

1.4 Sales contract with product reservation through the Website and pickup and purchase at the store – applicable law

In addition and/or as an alternative to the online sales contract described above in section 1.3, the Customer may reserve on the Website the product(s) and/or services they wish to purchase and choose to pick them up and buy them (i.e. pay for them) personally and directly at an Imballaggi Point store or an affiliate store.

The reservation made through the Website does not constitute an online sale (section 1.3), but rather a free service offered by Imballaggi Point to allow the Customer to find the desired product or service when they go to the store for pickup. Indeed, the sales contract is not a distance contract, but is finalized at the time of payment at the store. The seller will not necessarily be Imballaggi Point; the seller may be either Imballaggi Point or an affiliate, and will be indicated on the receipt and/or purchase invoice issued by the store.

The relevant sales contract will be governed by the rules and conditions generally applicable to sales, which do not necessarily coincide with these general terms and/or with the laws applicable to purchases through the Website. 

Approximately within 2–3 business days after receiving the product reservation request, Imballaggi Point will send an email to the address provided by the Customer at the time of reservation/registration, notifying that the reserved product is available for pickup and that the Customer may proceed with the purchase using the payment methods available at the store (selected by the Customer at the time of online reservation).

If the Customer does not pick up the product within 10 calendar days from the day it is made available at the selected store, the reservation will be automatically cancelled without any obligation or burden on the Customer and/or Imballaggi Point and/or the affiliate.

In case of supply difficulties or unavailability (including subsequent unavailability) of the ordered product and/or service, Imballaggi Point will notify the Customer via email or phone as soon as possible. In such case, any liability on the part of Imballaggi Point or the affiliate is excluded, since Imballaggi Point does not guarantee continuous availability of products and/or services at all stores.

 

 

 

ARTICLE 2 – INVITATION TO OFFER AND PURCHASE PROPOSAL; CONCLUSION OF THE CONTRACT; ORDER STATUS

2.1 Offer of products and services on the Website

The presentation of products and services purchasable through the Website constitutes an invitation to offer and the order sent by the Customer through the Website constitutes a contractual purchase proposal (hereinafter: “Order”), subject to confirmation or acceptance by Imballaggi Point as described below.

The characteristics of the products and services offered on the Website are described in the relevant technical information sheets published on the Website at the time of the order. Imballaggi Point notes that the technical sheets may sometimes contain errors as provided in section 3.3 below. The Customer is invited to read such sheets, which are considered accepted upon issuing the order, paying particular attention to product availability and characteristics, and evaluating their relevance and essential nature for product selection and ordering. Some products may not always be immediately available, although shown on the Website, and some products may be available in different colors or with different characteristics. For this reason, each product sheet indicates whether the selected product is:

– “available”: meaning that the product is physically present in the central warehouse of Imballaggi Point, except in cases where, due to exceptional and unforeseeable events, the product is unsellable because it is missing or damaged at the time of warehouse picking and no identical products are available for delivery.

The Customer can proceed immediately with the purchase by submitting the Order according to the methods indicated on the Website.

– “orderable subject to availability verification”: meaning that the product is not physically present in the central warehouse of Imballaggi Point, but Imballaggi Point reserves the right to verify its availability at store warehouses or elsewhere.

In this latter case, the Customer may still submit the Order, but it will only be accepted if the availability verification outcome is positive as better provided below.

Imballaggi Point undertakes to carry out the verification within 2 business days from receipt of the Order, with the effects provided below.

2.2 Order receipt confirmation and acceptance

Imballaggi Point will confirm receipt of the Order immediately by email containing the identification number assigned to the Order. This confirmation will not constitute acceptance of the Order, but only confirmation that it has been taken in charge, except as stated below.

In the case of an “available” product (as specified in Article 2.1), the Customer’s Order will be automatically accepted by Imballaggi Point once the Order receipt confirmation email is sent to the Customer, which will therefore also constitute acceptance of the Customer’s purchase proposal and conclusion of the sales contract. After the confirmation email, Imballaggi Point will ship the purchased product within the times and methods summarized in the acceptance email and according to these GTC.

In the case of products “orderable subject to availability verification” (as specified in Article 2.1), within the 2 business days following receipt of the Order, Imballaggi Point will send the Customer a second email (different and subsequent to the Order receipt confirmation) informing them of the outcome of the availability verification. For the contents of this communication, see sections 2.3 and 2.4.

If the Order includes both “available” products and “orderable subject to availability verification” products (hereinafter “Mixed Order”), the entire mixed order will be treated as an order relating to products orderable subject to availability verification. Therefore, no contract will be considered concluded with the Customer even for the “available” products until the entire Order has been accepted by Imballaggi Point.

For the case of a negative availability verification outcome, please refer to section 2.4.

2.3 Positive availability verification outcome and conclusion of the contract

In case of a positive availability verification outcome, Imballaggi Point will send the Customer an email informing that the product is available. Only at this point will the Order be considered accepted and the contract concluded.

2.4 Negative availability verification outcome

In case of a negative availability verification outcome, Imballaggi Point will send the Customer an email informing that the product is not available and that the Order cannot be accepted. This communication is immediately followed by cancellation of the payment authorization or, where applicable, a full refund of the price already paid by the Customer at the time of order submission, using the same payment method previously used. Imballaggi Point notes that refunds may not be immediately visible to the Customer if the chosen payment method is, for example, credit card or PayPal; the visibility timeframe of the refund does not depend on Imballaggi Point, which therefore cannot be considered liable for delays attributable to the bank or PayPal.

In the case of a Mixed Order, Imballaggi Point will send the Customer an email informing them of the negative verification outcome and of their option to proceed with the purchase of only the available product or cancel the entire Mixed Order. If no instructions are received from the Customer within 2 business days from the date of communication, Imballaggi Point will cancel the entire Mixed Order and simultaneously issue a full refund of the price already paid, using the same payment method used previously.

2.5 Unavailability of a product

Imballaggi Point undertakes to do everything possible to satisfy the Customer and ensure a fast and effective processing of the Order sent through the Website.

However, if a product indicated on the Website as “available” is no longer available due to exceptional and unforeseeable events at the time the Order is processed by Imballaggi Point, it will promptly notify the Customer by email as indicated in Articles 2.2 and 2.4 above.

2.6 Updates regarding Order status

Without prejudice to updates that may be sent by Imballaggi Point via email, the Customer may check the status of their Order at any time in the dedicated section of the Website.

 

ARTICLE 3 – PRICES AND PRODUCT FEATURES

3.1 Promotional products

Purchase of products published in the “offers” section or expressly indicated as “limited offer” (or similar).

For special promotions and/or promotional operations and/or prize promotions on the Website, the relevant regulations will be published from time to time, which shall be considered applicable as if they were part of these GTC.

3.2 Prices

The prices of individual products shown on the Website and indicated in each product technical sheet are excluding VAT. Prices do not include any shipping costs.

The price of products and/or services indicated on the Website and visible to the Customer at the time of selection will be the one in force at the time of Order submission and will correspond to the purchase price of the product.

Without prejudice to the above, Imballaggi Point reserves the right to change the price of products and/or services on the Website at any time, at its sole discretion and without notice.

Imballaggi Point therefore does not provide any guarantee that the sale price of products or services will remain unchanged for a certain period of time.

Any price change will not affect orders already placed by the Customer prior to the effective date of the change. In any case of non-acceptance or cancellation of the Order, the Customer may place a new Order at the current prices.

3.3 Product descriptions

Each technical sheet of the products presented on the Website, containing a description of its functions and features (size, color, characteristics, etc.), is prepared by Imballaggi Point, by the manufacturer and/or by third parties.

Imballaggi Point therefore assumes no responsibility for any errors and/or inaccuracies in the technical sheets, nor for any mismatch between the product description and its actual functions and characteristics.

The images and photos used in the product technical sheets are purely indicative and may not perfectly represent product characteristics, as products may differ in color, size, or accessories. In general, packaging categories often use only one photo per category; for more accurate product information, refer to the title or technical features.

By submitting the Order, the Customer expressly accepts the above.

 

ARTICLE 4 – CHANGES

At any time and at its sole discretion, Imballaggi Point reserves the right to make changes/additions/updates on the Website to content, programs, or other materials contained therein or available (including these GTC).

Any change/addition/update will not have effect with respect to Orders correctly submitted by the Customer before the change or update was made.

Any mandatory amendments to the Consumer Code provisions will automatically apply to contracts concluded with the Consumer Customer, safeguarding, as far as possible, the provisions of these GTC already approved by the Customer with the Order.

 

ARTICLE 5 – COMMUNICATIONS, CONTACTS AND COMPLAINTS

For any request, communication or complaint relating to reservations or orders, to these GTC or, in general, to any contract concluded with Imballaggi Point through the Website, you may contact the company at the following details: Everservices srl. Registered and administrative office: Piazza G. Marconi n.15 Box SL 497 - 00144 Rome. VAT No. 15364721009 - REA RM – 1585475 - Phone: 0656547117,

e-mail: vendite@imballaggi-point.it.

For phone assistance, you may contact Customer Service at 0656547117 from Monday to Friday from 09:00 to 17:00.

 

ARTICLE 6 – ADR, JURISDICTION AND COMPETENT COURT FOR DISPUTES WITH THE CONSUMER CUSTOMER

Disputes with the Consumer Customer relating to the validity, effectiveness, interpretation, or performance of the contract are governed by the provisions of the Consumer Code.

 

ARTICLE 7 – JURISDICTION AND COMPETENT COURT FOR DISPUTES WITH THE PROFESSIONAL CUSTOMER

These General Terms and Conditions of Sale and the contract concluded with the Professional Customer are governed by Italian law.

All disputes relating to the validity, effectiveness, interpretation, or performance of these GTC, the sales contract and, in general, relating to navigation on the Website by the Customer or the use of any functionality made available on the Website, shall fall under the exclusive jurisdiction of the Judicial Authority of the Court of Rome.