CONTRACT OF GOODS AND SERVICES
E-Pen is a trading name of IMPRINT s.n.c.
We are committed to providing the best customer service to our customers. Our terms and conditions of service apply to the use of our website and the conduct of the sale of retail goods and services to our customers. If you have any questions please email us via our contact us page. Website trading conditions are compliant with the British governing law of the UK Distance Selling Regulations Act 2000 and The Italian Legislative Decree 6 September 2005 no.206
SUPPLIER AND BUSINESS PURPOSE
The supplier is IMPRINT s.n.c.
Registered Office: Via Alessandro Volta, 39 - CONVERSANO (BA) ITALY
Tel. +39 (0)80.495.19.78 – Fax +39 (0)80.409.91.26
(REA 397434 – VAT registration No. 05114810723).
IMPRINT s.n.c. through “E-Pen” and its website www.epengadgets.co.uk offers the sale of personalised goods.
CONCLUSION OF THE CONTRACT
By placing an order with IMPRINT s.n.c. you are offering to purchase a product or service through E-Pen and are therefore subject to the following terms and conditions. Placing an order implies acceptance of these terms. All orders are subject to availability and confirmation of the order price.
E-pen will send you detailed order confirmation by email that contains your order number which is to be used in any further communication with us. Allows the customer to withdraw from the contract within 48 hours of placing an order. This must be done in writing and sent by fax or telegram to the number stated above. If payment has already been received then the customer will be entitled to a refund of the full amount via bank transfer, minus any bank charges incurred.
IMPLEMENTATION OF THE CONTRACT
PERSONALISATION OF GOODS
Following receipt of your order and subject to the withdrawal option stated in the previous paragraph only then will IMPRINT s.n.c contact you to agree on how to personalize your goods. You the customer must then approve the graphic design of personalisation in writing by fax to the number stated above. We regret that we cannot refund or exchange items once they have been personalised.
All sale prices of the products featured on the website are excluding VAT therefore payment must correspond exactly to the total indicated on the final order which includes all costs relating to the personalisation of the goods.
At the time of your order we will require payment in advance through Bank transfer or Credit card payment through PAY PAL.
If a product is on promotion or on special offer you must place your order and make advanced payment through bank transfer and agree to price featured in the graphics within the date indicated in the promotion/offer.
DELIVERY OF GOODS
All purchased goods can be delivered in all countries within the European Community through the express courier TNT – providing on line tracking of your order. Delivery times , following approval and payment of balance will not exceed 30 days.
You the customer must report, on pain of forfeiture, the existence of any problems of supply (i.e. deviations from the initial agreement, malfunction of items etc.) within 14 days from the date of delivery of the goods, by registered letter addressed to our registered office at the above address.
After that period then all items must be accepted.
In the case of faulty products we IMPRINT s.n.c. will collect the product at our expense for the purpose of replacing it; If, however, the object in question is not returned in its original condition i.e. unused and in its original packaging together with any manuals or accessories originally supplied then IMPRINT s.n.c deems this as acquisition of the goods by the customer. These items will then remain available in the logistics area of IMPRINT s.n.c., where they may be collected by appointment.
IMPRINT s.n.c. reserves the right to charge you the client for any costs, including shipping, incurred for the verification of product defects that prove contrary to what is stated by you the customer.
If goods or services ordered are no longer available, or a service was not able to be provided under terms of the offer online, you will be informed either by phone or e-mail. At which point you will be entitled to replace the product or service with another of equal value or be refunded the amount originally deposited by bank transfer to your current account.
Please note that you have a legal right to cancel your order within 14 working days of the date of receipt of the goods. Your right of cancelation can be exercised by sending written notice by registered letter with acknowledgment of receipt to: Imprint snc via Alessandro Volta, 39-CONVERSANO (BA)- Italy.
N.B. This right of cancellation does not apply to products that you have requested to be ‘personalised’ or have otherwise been tailored to your specific requirements. As is stated in the consumer code of the Italian Legislative Decree dated 6 September 2005 n. 206, which expressly excludes the right to cancel personalised products.
With regard to products that have not been personalized then you can exercise your right to cancel by sending written notice within 14 days from the day of receipt by registered letter with acknowledgment of receipt to: Imprint s.n.c. via Alessandro Volta, 39-CONVERSANO (BA)- Italy.
In the registered letter simply fill in your details including those relating to your order, state your intention to cancel and in addition provide your bank account details to allow us to effect a refund.
The amounts paid, excluding shipping costs, will be returned by bank transfer within 30 days of the date on which Imprint was notified of your right to cancel. Please be aware that products must be returned within 14 working days in their original saleable packaging and that you are responsible for the safe return of the goods.
In the case of returned goods received damaged in transit (by Imprint s.n.c.) we remind you that you the sender are responsible for the safe return of the goods as you have entered into a contract with the courier service which means the courier has a legal duty to deliver the item for you the sender. Therefore we will notify you the customer thereof within 5 working days of receipt of returned goods damaged in transit. In such a way that you may make any claims against the courier service. In this case once any claims have been settled (pending inspection by the courier) then the product will be made available to you the customer for return, thereby annulling your request for cancelation of your order.
AFTER SALES ASSITANCE
With reference to the guarantees relating to the sale of goods in particular specifying the rights of the consumer, article 130 of the consumer code Legislative Decree 6 September 2005 n. 206.
a) We Impint s.n.c. shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered. In the case of a lack of conformity, you the consumer are entitled to have the goods brought into conformity at our expense by repair or replacement and in particular costs incurred for delivery, labour and materials. The repairs or replacements shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
b) At your discretion, you the consumer may require an appropriate reduction of the price or have the contract rescinded in one of the following situations:
- Repair or replacement are impossible or disproportionate;
- If we Imprint s.n.c the seller have not completed the remedy within a reasonable time worth replaced the goods within the appropriate time pursuant to Paragraph a;
- E replacement or repair carried out previously caused significant inconvenience to you the consumer.
If the defect is slight: the impossibility or unreasonable onerousness of the repair or replacement give the right to a reduction of price only, and not to the right to terminate the contract.
After reporting the lack of conformity, we the seller may offer you the consumer any other available remedy, with the following effects:
- If you the consumer have already requested a specific remedy we the seller are obliged to implement it, with the necessary consequences in relation to the running of the reasonable time pursuant to paragraph a, unless you the consumer accept an alternative remedy;
- Should a defect occur within 2 years from delivery. Then notification to Imprint s.n.c. of the defect must be made within 2 months of its discovery;
- Action to highlight any defects expires after 26 months from delivery of the goods.
JURISDICTION OVER CONSUMER CONTRACTS
With reference to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Imprint s.n.c. would like to draw your attention to Article 16 i.e. Business to consumer.
1. A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or in the courts for the place where the consumer is domiciled.
2. Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Member State in which the consumer is domiciled.
3. This Article shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.
Ownership and responsibilities regarding handling of personal data
Pursuant to and for the purposes of Dlgs196/2003, Imprint s.n.c. di Turi Giovanni Battista & c., has ownership of all personal data supplied to us for the ongoing management of the contractual relationship between you the customer and us Imprint s.n.c. and hereby informs you that we will only use your information within the limits and for the objectives pertaining to the said relationship.
The processing of personal data means its collection, registration, organisation, conservation, processing, modification, selection, extraction, comparison, use, diffusion, cancellation, distribution, interconnection and conduct of all administrative, commercial, accounting and fiscal obligations. The provision of data and its treatment are required for the purposes relating to contractual and legal obligations.
The refusal to provide data for this purpose leads to:
- The unfeasibility of starting or continuing the transaction, or to effect certain operations which require specific data in order to effect the transaction or operation;
- The inability to communicate data to persons associated with the execution of the operations.
The processing of data for the aforementioned purposes will be carried out with the help of paper, computer or telematic means.§
Data can be accessed by Mr. Giovanni Turi the data processing manager for administrative purposes and Mr Piernicola Turi I.T. systems manager for the purpose of computer system security.
In addition data may be disclosed to persons outside the company, for the following reasons:
a) For fiscal purposes;
b) To third parties, on an exceptional basis, who perform functions related to the operation of our service. In this case you have the right ask the names and details of the companies to which your data has been disclosed;
c) Persons to whom the faculty to access the data is recognized by law or by order of the authorities;
We inform you that you can review, edit, modify or cancel your data, and exercise all the rights recognized under article. 7 of the code regarding the protection of personal data, by sending a letter via fax to 080.4099126 or request through the customer support centre at any time.
It should be noted that the IMPRINT s.n.c. will not use personal data reported as inaccurate, until the inaccuracy has been corrected.
Art. 7 - (Right to Access Personal Data and Other Rights)
1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form.
2. A data subject shall have the right to be informed
a) of the source of the personal data;
b) of the purposes and methods of the processing;
c) of the logic applied to the processing, if the latter is carried out with the help of electronic means;
d) of the identification data concerning data controller, data processors and the representative designated as per Section 5(2); and
e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing.
3. A data subject shall have the following rights:
a) To obtain updating, rectification or, where interested therein, integration of the data;
b) To obtain erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) To obtain certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
4. A data subject shall have the right to object, in whole or in part,
a) On legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
b) To the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
When a visitor accesses the web-site, a cookie may be stored on the visitor’s computer which will allow Imprint s.n.c. to recognise that computer on any follow-up visits to the site. Most Internet browsers are set up to automatically accept these cookies. The type of information gathered with the cookies regards the specific computer and may include the IP address, the data and time of access to our web-site and the areas visited in our web-site. This information is collected to monitor the use and utility of our web-site for statistical purposes and to send visitors information that may be of interest to them.
The visitors may set up their browsers to notify them of the receipt of cookies and to refuse them; if the cookies are refused, it may not be possible to use all the functions provided by our web-site.
Imprint s.n.c. hereby declares that its security policy on its site www.e-pen.it observes and applies the measures for security management of information as required by DLgs 196/2003 Art. 34. Processing data by electronic means.
In the case of disservice or controversy between you the customer and us "Imprint snc", we guarantee to participate in any attempt to settle any grievances amiably and we encourage you to use RisolviOnline (www.risolvionline.com) an independent and institutional framework provided by the Chamber of arbitration of the Chamber of Commerce of Milan, allowing you to reach a satisfactory agreement, with the help of a neutral and competent mediator, in a friendly and safe way.