Terms and conditions of the service
The following General Terms and Conditions of Sale govern the offer and sale of products on this website smashingplastic.it (Site).
The products purchased on the Site are offered and sold by SMASHING PLASTIC S.r.l., with registered office in Via Bonifacio Lupi, 14 – 50129 – Florence (FI) – Italy, and VAT number IT07169760480.
1.Scope
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and Legislative Decree No. 70 of 9 April 2003, containing the regulation of electronic commerce.
1.2 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions will be in force from the moment they are published on the Site. For this reason, users are invited to access the Site regularly and to consult, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale. The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.3 These General Terms and Conditions of Sale do not govern the sale of products and/or the supply of services by parties other than Smashing Plastic S.r.l. that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. Smashing Plastic S.r.l. is not responsible for the supply of services and/or the sale of products by these parties. Smashing Plastic S.r.l. does not carry out any control and/or monitoring on the websites that can be consulted through these links. Smashing Plastic S.r.l. is therefore not responsible for the contents of these sites nor for any errors and/or omissions and/or violations of the law by them.
Purchases on the Site
2.1 Access to sales made through the Site is reserved exclusively for users who are at least 18 years old.
2.2 Access to the offers on the Site is allowed both to users who are consumers and to users who are professionals. Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that the quality of consumer is a natural person who, in relation to the purchase of the Products, acts for purposes unrelated to any commercial, artisanal, entrepreneurial or professional activity carried out; while pursuant to art. 3, paragraph I, letter c) of the Consumer Code, the natural or legal person acting in the exercise of his or her entrepreneurial, commercial, craft or professional activity, or an intermediary thereof, has the status of professional.
2.3 Under no circumstances may retailers or wholesalers or, in general, all persons who intend to purchase the Products for subsequent resale purposes make purchases on the Site. It is therefore forbidden for such subjects to register on the Site and make purchases on the Site.
2.4 Smashing Plastic S.r.l. reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Terms and Conditions of Sale and/or the terms and/or conditions of a purchase contract with Smashing Plastic S.r.l.; (iii) by a user who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments; (iv) by users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent Smashing Plastic S.r.l. the documents requested by the same pursuant to these General Terms and Conditions of Sale or who have sent invalid documents; (v) by users who do not give sufficient guarantees of solvency.
Registration on the Site
3.1 The purchase of Products on the Site is permitted both to registered users and to users who are not registered on the Site. Registration on the Site is free of charge. To register on the Site, the user must fill in the registration form that can be reached from the "Login" link on any page of the Site.
3.2 The registration credentials must be used exclusively by the user and may not be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Smashing Plastic S.r.l. without delay, by contacting it as indicated in art. 14, in case of suspected misuse and/or disclosure of the same. You warrant that the personal information you provide during the registration process on the Site is complete and truthful. The user agrees to hold Smashing Plastic S.r.l. harmless from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the user's violation of the rules on registration on the Site or on the storage of registration credentials.
Information for the conclusion of the contract
4.1 In accordance with Legislative Decree no. 70 of 9 April 2003 containing provisions on electronic commerce, Smashing Plastic S.r.l. informs the user that:
to conclude the contract for the purchase of one or more Products on the Site, the user must fill in an order form in electronic format and send it to Smashing Plastic S.r.l., electronically, following the instructions that will appear from time to time on the Site and that will accompany the different stages of the purchase;
the contract is concluded when the order form is received by the server of Smashing Plastic S.r.l.;
once the order form has been registered and confirmation of the authorization to pay the total amount due has been received, Smashing Plastic S.r.l. will send the user, by e-mail to the e-mail address indicated, the order confirmation, containing a summary of the General Conditions of Sale and the particular conditions applicable to the contract, information relating to the characteristics of the purchased Product, a detailed indication of the price, the means of payment used, delivery and billing data, delivery costs and any additional costs, as well as the contact details of Customer Service, which the user can contact to request assistance and/or make complaints. Please keep the email you received as proof of purchase. The General Terms and Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the standard withdrawal form referred to in art. 10 will be attached to the e-mail confirming the shipment of the purchased product.
the order form will be archived in the database of Smashing Plastic S.r.l. for the time necessary to process the order and, in any case, within the terms of the law. To access their order form, the user can consult their account.
Validity of offers and prices
5.1 All prices of the Products are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT"). Any additional costs, including VAT and expressed in Euros (€), will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same, as well as on the order confirmation e-mail.
5.2 The price of the Products may be modified by Smashing Plastic S.r.l. at any time, without prior notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product (Product Sheet) at the time of sending the order. Any changes (up or down) in the price subsequent to the transmission of the order will not be taken into account.
5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Crossed Price) and with respect to which the discount that Smashing Plastic S.r.l. applies is calculated corresponds to the list price published on the Site. Please note that Strikethrough Prices may provide an indication of the value of the Product, but that in some physical stores the actual price of the Product may be different.
5.4 On the Site it is possible for some categories of products to request a personalization operation through the indelible affixing of one's own identifier and according to the methods indicated, including, for example, the graphics available. It is not possible to request customizations other than those provided for on the Site.
Purchase Orders - Product Information
6.1 Smashing Plastic S.r.l. will process the purchase order, and then will ship the purchased Product, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. You will be notified of such termination and subsequent cancellation of your order immediately after your order has been placed via the Site.
6.2 The Products will remain the property of Smashing Plastic S.r.l. until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Smashing Plastic S.r.l., on the other hand, will be transferred to the user when the user, or a third party designated by the user and other than the carrier, comes into physical possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users to display them. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent to the user will be valid.
Availability of Products
7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail. The user will therefore be entitled to terminate the contract immediately, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user avails himself of the right of termination pursuant to Article 61, paragraph IV and V, of the Consumer Code or in any case in which the payment of the Total Amount Due has already been made, Smashing Plastic S.r.l., without prejudice to the user's right to compensation for damages, will refund this amount without undue delay and, in any case, within a maximum period of 15 working days from the sending of the order. The amount of the refund will be communicated to the user by e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the charge.
7.3 In the case of orders concerning a plurality of Products (Multiple Order), if the supervening unavailability concerns only some of the Products subject to the Multiple Order – without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.2 above, if the supervening unavailability concerns all the Products subject to the order, Smashing Plastic S.r.l. will immediately notify the user by e-mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product(s) that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, of the Consumer Code, in relation to the Product(s) that has become unavailable or in any case in which the payment of the Total Amount Due has already been made, Smashing Plastic S.r.l., without prejudice to the user's right to compensation for damages, will refund the amount due in relation to such Product(s), including delivery costs, calculated as indicated in art. 8.3 below, and any other additional costs due in relation specifically to such Products (Partial Amount Due) without undue delay and, in any case, within a maximum period of 15 working days from the submission of the order. The amount of the refund will be communicated to the user by e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the charge. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products subject to the Multiple Order that have become unavailable compared to the other Products subject to the Multiple Order available.
8.Delivery of purchased Products
8.1 Deliveries of purchased Products are made worldwide, with standard and express service. Any delivery restrictions will be indicated on the Site from time to time.
8.2 Shipping is free of charge for orders of Euro 199.00 or more, unless otherwise specified on the Website and in the "Available Shipping" section. Any amount of delivery costs payable by the user in relation to a specific order is expressly and separately indicated (in Euros and including VAT) during the purchase process, in the order summary and, in any case, before the user proceeds with the transmission of the same. In the event of failure to indicate a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.
8.3 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the user will be quantified in proportion to the value of the Product subject to withdrawal.
8.4 The delivery obligation is fulfilled by transferring the material availability or in any case control of the Products to the user. It is your responsibility to check the condition of the Product that has been delivered to you/that you have collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Smashing Plastic S.r.l., is transferred to the user when the user, or a third party designated by the same and other than the carrier, comes into physical possession of the Product, the user is recommended to check the number of Products received and that the packaging is intact, not damaged, nor wet or in any way altered, even in the closing materials and we invite, in its interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the event that the loss or damage is due to wilful misconduct or gross negligence on the part of the courier itself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than seven days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is also recommended to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unaffected. The courier makes one or two delivery attempts (depending on the type of shipment), after which he will send the Products back to Smashing Plastic S.r.l., which will refund the money to the customer. At the time of delivery, nothing is due to the courier.
8.5 The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered later than the delivery terms indicated during the purchase process and in the order confirmation.
9.Payment Methods
9.1 Payment for the Products can be made by credit card, bank transfer, PayPal and Klarna. In the event that one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase process.
9.2 The commercial invoice will be sent to you by email. For the issuance of the invoice, the information provided for this purpose by the user will be valid, which he declares and guarantees to be true, undertaking to keep Smashing Plastic S.r.l. indemnified and indemnified from any damage, including penalties issued by the competent authorities, that may arise in the event of non-compliance with the truth.
9.3 Payment by credit or debit card
9.3.1 Payment for the Products can be made by credit or debit card directly through the Site. Smashing Plastic S.r.l. accepts VISA, Maestro, MasterCard and American Express cards. At the time of transmission of the order, no charge will be made to the credit card used by the user for payment. You will only be charged once (i) the credit card information you used to pay has been verified and (ii) the credit card company you use has issued the debit authorization. In application of Directive 2015/2366/(EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of managing the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion, the user must be registered on the Site at the time of the purchase transaction) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site.
9.3.2 In order to guarantee the security of payments made on the Site and to prevent any fraud, Smashing Plastic S.r.l. reserves the right to ask the user, by e-mail, to send, by the same means, a copy of the front and back of his/her identity card and, in the event that the order holder is different from the cardholder, of the latter's identity card. The document must be valid. The request e-mail will specify the deadline within which the document must be received by Smashing Plastic S.r.l.. This term will not, in any case, exceed 5 working days from receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.3.3 In the event that Smashing Plastic S.r.l. does not receive such documents within the deadline specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order consequently cancelled, without prejudice to the right of Smashing Plastic S.r.l. to compensation for any damage that it may have incurred due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by Smashing Plastic S.r.l., will result in the cancellation of the order, with consequent refund of the Total Amount Due.
9.3.4 In the event of receipt by Smashing Plastic S.r.l. of valid documentation within the deadline indicated in the e-mail referred to in art. 9.3.2 above, the terms of delivery will start from the date of receipt of the same.
9.3.5 Confidential credit card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by Smashing Plastic S.r.l. Smashing Plastic S.r.l. therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products, except, limited to the data relating to the cardholder, the case provided for by art. 9.3.2 and 9.3.3.
9.4 Payment by PayPal and Klarna payment solution.
9.4.1 Payment for Products purchased on the Site can be made through the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the www.paypal.com site where he will make the payment for the Products according to the procedure provided and governed by PayPal and the terms and conditions of contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Smashing Plastic S.r.l.. The latter is therefore not able to know and does not store in any way the data of the credit card linked to the user's PayPal account or the data of any other payment instrument connected with this account.
9.4.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to you will be credited to your PayPal account. The crediting time to the payment instrument linked to this account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, Smashing Plastic S.r.l. cannot be held responsible for any delays or omissions in crediting the user with the refund amount, for which the user must contact PayPal directly.
9.4.3 If available and active, on the Site, it is also possible to make purchases through Klarna's payment solution in three (3) installments. The first payment is charged when the order is shipped, while the next two payments are charged 30 and 60 days after the first charge, respectively. If you choose Klarna as your means of payment, you will be redirected to the www.klarna.com website where you will follow the procedure provided and regulated by Klarna and the terms and conditions of the contract agreed between you and Klarna. The data entered on the Klarna website will be processed directly by Klarna and will not be transmitted or shared with Smashing Plastic S.r.l..
Right of Withdrawal
10.1 The user who is a consumer has the right to withdraw from the contract concluded with Smashing Plastic S.r.l., without having to incur costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
a) in the case of an order for a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Product;
b) in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product;
c) in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last batch or piece.
10.2. To exercise the right of withdrawal, the user must inform Smashing Plastic S.r.l. of his/her decision to withdraw, before the expiry of the Withdrawal Period.
10.3 To this end, the user may use the standard withdrawal form (Standard Withdrawal Form) made available in the Contact Us section of the Site, via the appropriate link, before the conclusion of the contract or request it through the Contact Us form on the Site. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is incumbent on the user, it is in the interest of the user to use a durable medium when communicating his/her withdrawal to Smashing Plastic S.r.l. or it will be the right of Smashing Plastic S.r.l., to request any photographic and/or video evidence from the user.
10.4 To return the Product, the user, after exercising the right of withdrawal in the manner indicated in this article, will be contacted by the Customer Service of Smashing Plastic S.r.l. who will provide instructions for returning the Product, indicating the courier and agreeing on the collection date. The direct costs of returning the Product are borne by Smashing Plastic S.r.l.. The return of the Product to Smashing Plastic S.r.l. takes place under the responsibility of the user; The product is considered returned when it is delivered to the carrier. If the user has used a discount code (see sub 11 below) for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not also with regard to the value of the discount code.
10.5 If the user withdraws from the contract, Smashing Plastic S.r.l. will proceed with the refund of the Total Amount Due paid by the user for the Product, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which Smashing Plastic S.r.l. was informed of the user's decision to withdraw from the contract. The refund will be made using the same means of payment used by the user for the initial transaction; In any event, you will not incur any costs as a result of such reimbursement. The Standard Instructions on Withdrawal, containing information on the exercise of the right of withdrawal, are made available to the user on the Website, before the conclusion of the contract, via the appropriate link and through the "Right of Withdrawal" link, present in the footer of the Website as well as attached to the shipping confirmation e-mail.
10.6 In the event of partial withdrawal, the amount of delivery costs to be refunded to the user following the withdrawal will be calculated as indicated in art. 8.3 above.
10.7 You are only responsible for any decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, if present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It may therefore not be exercised in relation to parts and/or accessories (which are not stand-alone Products) of the Product.
10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Smashing Plastic S.r.l. will notify the user within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if already received by Smashing Plastic S.r.l., will remain at Smashing Plastic S.r.l. at the user's disposal for collection, which must take place at the expense and under the responsibility of the user.
10.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to such decrease in value. Smashing Plastic S.r.l. will notify the user of the circumstance and the consequent decrease in the amount of reimbursement within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, with the bank details for the payment of the amount due by the user due to the decrease in value of the Product.
10.10 In the event that, in the event of one of the legal hypotheses, the right of withdrawal does not apply, specific and express notice of this exclusion will be given in the Product Sheet and, in any case, during the purchase process, before the user proceeds with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale concerns:
custom-made or clearly personalised products (e.g. purchased in the manner set out in point 5.4);
sealed products that are not suitable for return for reasons of hygiene or health protection, which have been opened after delivery.
10.11 Regardless of the possibility of exercising the right of withdrawal, Smashing Plastic S.r.l. offers the user the possibility of exercising the right of return, according to the terms and conditions indicated on the "Returns" page on the Site. The right of return is in addition to and does not replace the right of withdrawal governed by the preceding articles.
11.Discount codes
11.1 On the Site it is also possible to purchase through discount codes issued by Smashing Plastic S.r.l.. If the value of the discount code is lower than that of the order, the remaining amount can be completed according to the other payment methods provided on the Site.
11.2 Discount codes cannot be combined with each other for a single purchase. Discount codes cannot be used to purchase products that are already on promotion. You cannot use discount codes for payments of spending amounts less than their value. Each discount code can only be used for one purchase. Under no circumstances do discount codes entitle you to change in the case of purchases of a lower amount.
11.3 Any products for which it will not be possible to use discount codes will be duly reported on the Site. In the event of cancellation for any reason of an order for which a discount code has been used, the relevant amount will be credited back to the customer's personal account.
11.4 Under no circumstances can discount coupons be exchanged for cash.
Legal Guarantee of Conformity
All Products sold on the Website are covered by the Legal Guarantee of Conformity provided for by Articles 128-135 of Legislative Decree no. 128-135 of the Consumer Code (Legal Guarantee).
WHO IT APPLIES TO
The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. Those who have purchased on the Site and who are not consumers will be subject to the guarantees for defects of the thing sold, the warranty for promised and essential quality defects and the other guarantees provided for by the Civil Code with the related terms, forfeitures and limitations.
WHEN TO APPLY
The seller is liable to the consumer for any lack of conformity that exists at the time of delivery of the Product and that becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, at the addresses indicated in art. 14. Unless proven otherwise, defects of conformity which become apparent within one year of delivery of the Product are presumed to have already existed on that date, unless this is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the thirteenth month following the delivery of the Product, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same. In order to take advantage of the Legal Warranty, the user must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable that the user, for the purposes of this proof, keep the purchase invoice, which Smashing Plastic S.r.l. sends him, or any other document that can certify the date of purchase (for example the credit card statement) and the date of delivery.
WHAT IS THE LACK OF CONFORMITY
A lack of conformity occurs when the purchased good:
it is not suitable for the use for which goods of the same type are usually used;
it does not conform to the description given by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;
it does not have the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or labelling;
it is not suitable for the particular use intended by the consumer and which has been brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted. Therefore, any failures or malfunctions or other defects caused by accidental events or user responsibility or by use of the Product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the Product, if any, or in the instructions for use relating to the same, are therefore excluded from the scope of the Legal Warranty.
REMEDIES AVAILABLE TO YOU
In the event of a lack of conformity duly reported within the deadlines, the user has the right:
primarily, to the free replacement of the good, unless the remedy requested is objectively impossible or excessively expensive compared to the other and, therefore, in the specific case, considering the type of sale, to replacement, where this is possible in relation to the number of copies still available for sale;
secondarily (i.e. in the event that the replacement is impossible or excessively expensive, or the replacement has not been carried out within a reasonable time, or the replacement previously carried out has caused considerable inconvenience to the consumer), to the termination of the contract.
The remedy requested is excessively onerous if it imposes unreasonable costs on the seller compared to the alternative remedies that can be exercised, taking into account (1) the value that the good would have if there were no lack of conformity; (2) the extent of the lack of conformity; (3) whether the alternative remedy can be availed without significant inconvenience to the consumer.
WHAT TO DO IF THERE IS A LACK OF CONFORMITY
In the event that a Product purchased on the Site, during the period of validity of the Legal Warranty, manifests what may be a lack of conformity, the user must contact Customer Service, at the addresses and in the manner indicated in art. 14. Smashing Plastic S.r.l. will promptly respond to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to be followed, also to agree on the methods of shipping the goods, also taking into account the product category to which the Product belongs and/or the defect reported.
REIMBURSEMENT OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL GUARANTEE
In the event of termination of the contract, Smashing Plastic S.r.l. will refund the user the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, Smashing Plastic S.r.l. will refund the amount of the reduction, previously agreed with the user. Alternatively, the user may choose to receive a purchase voucher, which can be spent on the Site, of a value equivalent to the amount of the refund or, respectively, the reduction to which he is entitled. The amount of the refund or reduction will be communicated to the user by e-mail and credited to the payment method or solution used by the user for the purchase. Smashing Plastic S.r.l. is not responsible for damage, of any kind, resulting from the use of the Product improperly and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.
Applicable law and jurisdiction; out-of-court dispute resolution (ADR/ODR)
13.1 The contracts concluded between the users of the Site and Smashing Plastic S.r.l. are governed by Italian law. This is without prejudice to the application to consumer users, who do not have their habitual residence in Italy, of any more favourable and mandatory provisions provided for by the law of the country in which they habitually reside; in particular, in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities of communication of the same and the legal guarantee of conformity.
13.2 It should be noted that, in the case of a consumer user, any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.
13.3 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), Smashing Plastic S.r.l. informs the user who is a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to Smashing Plastic S.r.l., as a result of which it has not been possible to resolve the dispute thus arised, Smashing Plastic S.r.l. will provide information regarding the Alternative Dispute Resolution body(s) for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (so-called ADR entities, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use these entities to resolve the dispute itself. Smashing Plastic S.r.l. also informs the user who is a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR entities, find the link to the website of each of them and start an online resolution procedure for the dispute in which he or she is involved. In any case, the right of the consumer user to bring the dispute arising from these General Terms and Conditions of Sale before the ordinary competent courts, regardless of the outcome of the out-of-court settlement procedure for disputes relating to consumer relationships by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.
13.4 The user who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation is available on the www.eur-lex.europa.eu website.
Customer Service and complaints
14.1 It is possible to request information, send communications, request assistance or submit complaints, by contacting Customer Service by filling out the form on the "Contacts" page, or by sending an email to: info@smashingplastic.it.
14.2 Smashing Plastic S.r.l. will respond to complaints submitted within two working days of receipt of the same.