Sales Conditions

Art. 1 General Provisions

 

1.1 Polypiù S.r.l. (VAT number and tax code 05206800962) is a company under Italian law, with domicile and registered office in via Murri 24, PEC amministrazione@pec.polypiu.it; PEO support@polypiu.it; Tel . +39 02 - 97 48 371.

 

1.2 Polypiù S.r.l. is the manufacturer of the goods sold through its e-commerce platform (“Ecommerce”), which can be found on the website www.polypiu.shop and marked with the Polypiù S.r.l. trademark.

 

1.3 Polypiù S.r.l. is the owner of the e-commerce portal “www.polypiu.shop” through which it is possible to purchase goods produced exclusively by Polypiù S.r.l.

 

1.4 Through direct online purchase, each individual product can be purchased subject to stock availability and/or while stocks last. For purchases of larger quantities it is necessary to contact the Seller Polypiù S.r.l. directly by writing to support@polypiu.it .

 

1.5 These General Terms and Conditions of Sale are intended exclusively for CONSUMERS, who are to be understood as natural persons acting for purposes unrelated to any commercial, industrial, professional, artisanal activity carried out on their own and/or on behalf of third parties. The expressions “Purchaser”, “Buyer”, “Customer”, “Consumer” and “User” and any other expression referring to the purchasing party, refer to the natural person Consumer as defined by the Consumer Code.

 

1.6 The e-commerce portal and any other content included in the website www.polypiu.com are not an offer to the public but merely an invitation to offer addressed to the Customer.

 

1.7 Information on the characteristics and prices of the products, the conditions of shipping and related costs, the terms for concluding the contract, purchase and payment, the conditions for any replacement of products, as well as the existence of the right of withdrawal with a precise description of the terms and timing are described and provided below.

 

1.8 Before concluding the purchase and making the payment, the Customer shall always be able to view, read, print and approve, with double point and click, these General Terms and Conditions of Sale, which they shall retain pursuant to Art. 12 of Italian Legislative Decree no. 70/2003.

 

Art. 2 The Contract

 

2.1 Online sales contract refers to the sales contract between Polypiù S.r.l. and the buyer concluded within the framework of a remote sales system using electronic tools within the quantity limits allowed by the online store or by means of ordinary email messages for purchases of quantities greater than those indicated on the e-commerce portal.

 

2.2 These General Terms and Conditions of Sale exclusively govern the business relations between the Seller and the Consumer Customer and form an integral and essential part of each contract of sale of movable goods concluded by and with Polypiù Srl.

 

2.3 The subject of the contract is the sale of all those products shown on Polypiù's company website for both outdoor and indoor applications.

 

2.4 The Seller agrees to keep its website up to date. However, the Customer is aware and accepts that the content of the website may not be updated on a daily basis and therefore each purchase is subject to and governed exclusively by the General Terms and Conditions of Sale applicable on the date of the purchase order.

 

2.5 The Parties agree that this contract contains their final will, revoking any other documents or prior negotiations, so that the interpretation of their will shall be solely in accordance with what is agreed to herein. They also agree that any amendment to this agreement may only be made in writing and with express indication of the clause and the point to be amended, any document drafted otherwise remaining irrelevant.

 

2.6 In compliance with the mandatory provisions of the law, the Parties agree that if one or more clauses of these General Terms and Conditions of Sale are declared null and void or invalid for any reason, this shall not affect the validity and effectiveness of the contract and the other provisions, which shall remain in full force and effect.

 

2.7 The Customer is aware that all information provided and images on the website are of a general nature and are made available for information purposes only, and that they constitute neither a specific conventional product warranty nor a promise of specific qualities on the part of the Seller.

 

2.8 The Customer is aware that the binding “safety data sheets” are exclusively those sent via email by the Seller during the purchase/sale of the goods, as what may be present on the website is of a general nature, merely informative and/or may not be up to date.

 

Art. 3 Conclusion of the Contract and Purchasing Methods.

 

3.1. The Customer purchases in “Guest” mode, i.e., without registering an account by providing all their personal and tax information, billing and shipping address, telephone contacts, email. In this case a temporary identifier will be generated and used only to complete the online purchase. Using “Guest” mode, the Customer's personal information will not be recorded and saved for subsequent purchases.

 

3.2 Before concluding the purchase, the Customer will be able to view all information entered in order to check that it is correct, and if necessary go back to correct it. The Customer is prohibited from entering incorrect and/or invented information and from using any kind of data and/or information of third parties without their consent.

 

3.3 The Customer may purchase the products in the e-catalogue as described in the relevant information sheets with the full awareness that the information sheet of a product may not be perfectly representative of its characteristics but may differ in colour, size and/or accessory products in the picture.

 

3.4 The Customer who wishes to purchase one or more products may select them one at a time by adding them to the shopping cart. Once they have selected all the items they wish to purchase, they can “close” the cart and place the order. At this point, a page summarising the products selected, their price, the options for delivery (with their costs), and the VAT applicable by law will be shown to the Customer. The Consumer will be asked to choose the preferred payment method. After the above selection, the General Terms and Conditions of Sale will be displayed and the Customer must approve them with a double click. Having approved the General Terms and Conditions of Sale, the Consumer must click on the “Order” button, which submits the order to Polypiù Srl. Without approval of the General Terms and Conditions of Sale, it will not be possible to conclude the order. The order thus placed will be processed as a contractual purchase proposal to Polypiù for the listed products, each considered individually. Upon receipt of the order, Polypiù Srl will automatically send an email message of acceptance of the order (“Order Receipt”) addressed to the email address previously provided by the Customer. The Order Receipt email message does not constitute an acceptance of the purchase proposal. By sending the Order Receipt, in fact, Polypiù Srl only confirms that it has received the order and will check its data and the availability of the requested products. The contract stipulated between Polypiù Srl and the Buyer shall be considered concluded exclusively with the sending of a second email containing confirmation of the purchase order submitted by the Seller. The order confirmation message will contain all the information entered by the Customer, as well as the date and time the order was submitted, the order number (which must be used in all subsequent communications), and all the data and information relating to the order itself, POLYPIÙ SRL GENERAL TERMS AND CONDITIONS OF SALE FOR CONTRACTS CONCLUDED WITH CONSUMERS (B2C) such as, but not limited to date, goods ordered, quantities, details of the price, payment method chosen, delivery costs and any applicable taxes, etc. The Customer agrees to receive invoices in electronic format; such documents will be made available in PDF format.

 

3.5 All orders placed on the website must correspond to normal consumption needs. This requirement applies both to the number of products purchased with a single order and in the case of several orders for the same product, even if each order includes a quantity of products corresponding to normal consumption needs.

 

3.6 The Customer agrees to refer to the order number in any communications related to the order, including it in the subject line.

 

3.7 The Customer also undertakes to promptly communicate any incorrect information in the order confirmation message.

 

3.8 If any items ordered are unavailable, even temporarily, the Seller may refuse the purchase order upon notice sent to the Consumer as soon as possible and to whom it may indicate any replacement products without any obligation for the Customer.

 

3.9 Unless the Customer decides to purchase an alternative product to replace the out-of-stock product, the Seller shall provide for the full reimbursement of any sums already paid by the Customer. Such reimbursement shall take place as soon as possible and in any event no later than fourteen days from the date on which the order was cancelled by means of an email communication sent by the Seller to the Consumer at the email address specified by the latter during registration.

 

3.10 The contract shall be deemed concluded at the place where the Seller has its registered office. Except in cases where Polypiù Srl cannot execute the contract for reasons beyond its sphere of control, the Seller undertakes to deliver the products ordered by the Customer after receiving payment of the final price from the Customer and subject to the availability check referred to in Article 5 below.

 

Art. 4 Product Information

 

4.1 It is agreed that any information regarding the products, such as information on weights, sizes, capacities, resistances, prices, colours and other data contained on the website are of a general nature and not binding between the Parties.

 

4.2 The Customer is aware and accepts that the images accompanying the product description sheets may not be perfectly representative of its characteristics and may differ in colour, size and accessory products in the image.

 

4.3 The Customer is aware and accepts that the final result of the application of the product sold by Polypiù Srl on a given surface or substrate chosen by the Customer may vary from case to case, and this in consideration of the particular conditions and methods of application, of the products, substrates and tools used at the discretion of the Customer and of other variables over which the Seller has no direct or indirect control or responsibility. For this reason, the Seller cannot give any guarantee on the final performance of the product once it has been applied to the surface chosen by the Customer. For these reasons, before ordering significant quantities of goods, the Customer is invited to purchase a product sample that the Customer can test by applying it to an object/surface in order to verify whether the final performance fully meets their expectations to the extent that it convinces them to purchase larger quantities of the product.

 

4.4 With regard to the preceding point, the Customer agrees to check – exclusively at their own expense – the suitability, performance and strength of the product with respect to their specific requirements, e.g., by means of strength tests and/or sample analyses performed by nationally recognised certifying bodies.

 

4.5 With the order of further quantities of goods subsequent to the first purchase of the same product, it is agreed that the Customer considers the goods to be fully satisfactory, suitable and in accordance with their specific requirements.

 

4.6 If the contract expressly refers to technical, safety, quality or other regulations and documents clearly identified therein, even if not attached to the contract, the Customer shall be deemed to be aware of them.

 

4.7 In compliance with industry regulations, the Seller and manufacturer is free to compose its products as it sees fit and with specially designed cycles.

 

4.8 If the sale is made in fixed quantities, the tolerance is conventionally set at plus or minus 5% of the product. In any case, there are no rebates.

 

4.9 The Customer assumes any liability arising from the assembly of the purchased goods at their own risk, aware that this must only be done by skilled professionals who will issue the relevant test certificates. Any form of liability on the part of the supplier for incorrect assembly or assembly by unprofessional personnel or for incorrect positioning or particular exposure to weather or natural phenomena of a particular magnitude is excluded.

 

5.0 The Consumer acknowledges that all product trademarks mentioned on the Polypiù website are duly registered and owned by the supplier, and is aware that any infringement thereof shall be promptly prosecuted in accordance with the law.

 

Art. 5 Product Availability

 

5.1 Polypiù Srl undertakes to keep the website as up to date as possible with regard to product availability, and before sending the order acceptance confirmation, shall check the actual availability of the products selected by the Customer.

 

5.2 In any case, Polypiù Srl guarantees the fulfilment of the order within the limits of stock availability, i.e., “while stocks last”.

 

5.3 The Customer is aware that the products are limited in number and it may therefore happen that the product ordered is no longer available, in whole or in part, following the submission of the purchase order. The Seller shall promptly notify the Customer.

 

5.4 Should the purchase order exceed the quantity of product in stock, the Seller shall inform the Customer whether the product can no longer be ordered or what the approximate waiting time is for obtaining the quantity of product ordered. Upon receipt of the aforementioned communication, the Customer shall have the option of confirming or not confirming the order. In the event of cancellation of the order due to unavailability of the product, the Seller shall make a full refund of the sums paid by the Customer within the ordinary term of thirty days.

 

Art. 6 Delivery and Shipping Methods, Terms and Costs, and Taxes.

 

6.1 Unless otherwise agreed, delivery shall be free carrier (premises of Polypiù Srl in Via Alberto da Giussano 15, Corbetta, Milan – Italy). The Seller shall ship the products ordered by the Customer and confirmed by the Seller to the Customer at the address specified thereby in the purchase order. Shipment will be made after the final purchase price has been received, within thirty days of receipt of the order confirmation email.

 

6.2 The delivery terms indicated to the Customer are indicative and non-essential, constituting approximate times for the execution of the order.

 

6.3 Except in the case of wilful misconduct or gross negligence, any delays in delivery shall not entitle the Customer to penalties or compensation for direct or indirect damages, nor shall it entitle the Customer to interest or terminate the contract. If the Seller expects to be unable to deliver the products on time, it shall promptly notify the Customer in writing, stating the expected delivery date where possible. The Parties agree that where a delay attributable to the Seller exceeds eight weeks with respect to the date originally scheduled for handover to the carrier, the Buyer may terminate the contract with respect to the products whose delivery is delayed, with ten days' written notice. Any delays due to force majeure or actions or omissions of the Customer (e.g., lack of information required for the delivery of the goods) shall not be attributable to the Seller.

 

6.4 From the moment the goods are handed over to the carrier (or to the first carrier if there are two or more), they shall travel at the Customer's full risk. Any insurance of the products during transport is the sole responsibility of the Customer.

 

6.5 Should the ordered goods be delivered outside Italy, the Buyer may be subject to import duties and taxes, which are payable once the package reaches the specified destination. Any additional cost for customs clearance shall be borne exclusively by the Customer. Polypiù Srl has no control over these costs and cannot predict their amount. Customs policies vary considerably from country to country, which is why Polypiù Srl strongly advises the Customer to contact the local customs office in advance for further information. Polypiù Srl also reminds the Customer that when they place orders on the website, they are considered an importer and are therefore required to comply with all laws and regulations of the country in which they will receive the goods. Polypiù Srl also informs the Customer that for products shipped abroad, cross-border deliveries may be POLYPIÙ SRL GENERAL TERMS AND CONDITIONS OF SALE FOR CONTRACTS CONCLUDED WITH CONSUMERS (B2C) subject to opening and inspection by customs authorities, and Polypiù Srl has no control over or responsibility for such operations.

 

6.6 If the delivery cannot be completed due to the Customer's absence at the address indicated, the courier shall leave a notice or contact the Customer by telephone to arrange for a second delivery or to have the goods collected at one of the nearest branches of the courier. In no event shall the Seller be liable for failed or delayed delivery of the goods.

 

6.7 In any case, the Seller is not liable for failed or delayed delivery due to force majeure, such as: public authorities measures, strikes, rationing or shortage of energy or raw materials, transportation difficulties, fires, floods, earthquakes, wars, insurrections, epidemics and/or pandemics. The Seller shall promptly notify the Customer of the beginning and end of a force majeure event.

 

6.8 Upon receipt of the material and before signing the document of the courier delivering the goods, carefully check that the number of packages delivered is consistent with those mentioned on the transport document. Also check the physical condition of the packages by making sure that they have not been tampered with and/or damaged. In the event of obvious damage to the packaging and/or product, the Consumer must write ACCEPTED SUBJECT TO VERIFICATION on the courier's proof of delivery, specifying the reason directly on the delivery document (e.g., missing package, broken package, tampered package, etc.). The indication “accepted subject to verification” shall be considered null and void if it is not accompanied by the specific reason on the delivery document. Any problems with the physical integrity of the product, correspondence and/or completeness of the products received must be reported within five days of receipt via email to support@polypiu.it . Failure to do so shall result in the Customer not being entitled to claim damages.

 

Art. 7 Right of Withdrawal.

 

7.1 Pursuant to Articles 52 et seq. of Italian Legislative Decree no. 206/2005 (Consumer Code), the Consumer Customer has the right to withdraw from the contract for any reason whatsoever, without the need to provide explanations and without incurring costs other than those envisaged in Article 56, paragraph 2 and in Article 57 of the Consumer Code.

 

7.2 The aforementioned right of withdrawal must necessarily be exercised within fourteen days from the day on which the Consumer acquires physical possession of the goods. In the case of multiple goods ordered by the Consumer in one order and delivered separately, from the day on which the Consumer acquires physical possession of the last good. For deliveries consisting of multiple lots or items, the date on which the Consumer acquires physical possession of the last lot or item.

 

7.3. If the Consumer has instructed a person of their choice to collect the product, the right of withdrawal shall run from the day of delivery of the product to such designated person, other than the courier.

 

7.4 In order to be able to exercise the right of withdrawal, the Consumer must send an email to support@polypiu.it before the expiry of the fourteen days and ensure that the product is returned intact to Polypiù Srl.

 

7.5 Upon receipt of the notice of exercise of the right of withdrawal, Polypiù Srl shall send an email to the Customer at the address provided thereby noting the return code, which the Customer must specify on the return form that they receive from the Seller via email. The product must be returned to the registered office of Polypiù Srl within fourteen days from the date on which the Consumer communicated the decision to withdraw from the contract. Returns without a return authorisation shall not be accepted. It is the Customer's responsibility to contact the Seller and organise the collection of the products to be returned.

 

7.6 The Customer shall bear all costs related to the return of the products unless otherwise agreed to in writing by the Seller and the Customer.

 

7.8 The right of withdrawal applies on condition that the product purchased is returned in its entirety. It is not possible to exercise the right of withdrawal for only part of the product. The returned product must be intact and fully resalable by Polypiù Srl. The product must be returned in its original packaging. In accordance with common sense, the Consumer must take all necessary precautions to avoid damage to the product during transport by adequately packing the product. Polypiù Srl recommends placing the products in a box/container, closing it and affixing a label with all necessary return information. In any case, the affixing of labels and/or tape and/or any other material directly onto the original product packaging should be avoided. The transport of the product shall take place under the full responsibility of the Consumer until the arrival of the goods at Polypiù's warehouse located in Via Alberto da Giussano 15, Corbetta, Milan – Italy.

 

7.9 If the goods are damaged during transport, Polypiù shall notify the Customer immediately. The product will be made available to the Customer and the return request cancelled.

 

7.10 Within fourteen days from the day on which Polypiù Srl received the communication concerning the exercise of the right of withdrawal, Polypiù Srl shall reimburse all payments received in connection with the product for which the right of withdrawal has been exercised, including shipping costs related to the cheapest shipping method made available. The Seller shall make the refund with the same method of payment used to place the order, unless the Consumer has expressly agreed otherwise. In any event, the Consumer shall not incur any costs as a consequence of such reimbursement. Polypiù Srl may withhold the reimbursement until it has received the product or until the Consumer has provided proof that it has been returned, whichever comes first.

 

7.11 The Consumer may be held liable for any decrease in the value of the goods resulting from their manipulation.

 

7.12 The right of withdrawal does not apply to the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and that have been opened after delivery or in the case of the supply of goods that are, after delivery, inseparably mixed with other goods.

 

7.13 The right of withdrawal does not apply to contracts concerning the purchase of custom-made or clearly customised Products. Particular reference is made to all those products that are not supplied in standard, pre-established sizes, but have to be cut to size according to the request received by Polypiù.

 

Art. 8 Voluntary Return

 

8.1. Without prejudice to their right of withdrawal, the Customer shall be entitled to return the Products for any reason whatsoever by filling in a form available online indicating the reason for the return within a period of 14 (fourteen) days from the date on which the Customer, or a third party indicated by them other than the courier and/or transporter, received the last of the Products purchased. The period of 14 (fourteen) days constitutes a minimum period and the Seller may, at any time and at its own discretion, grant the Customer a longer period to return the Products.

 

8.2 The Customer may only return Products that are intact, complete, unused and undamaged.

 

8.3. Returns must be made to the Seller at the expense of the Customer and without delay to the registered office of the Seller.

 

8.4 Upon receipt of the Products, the Seller shall immediately check the Products in order to confirm to the Customer that the return has been accepted.

 

8.5 The Seller shall refund the Customer the Sale Price for the returned Products as soon as possible, and in any event within 14 (fourteen) days from the day on which it received the Products. The Seller shall not reimburse any shipping costs incurred by the Customer.

 

Art. 9 Warranty POLYPIÙ SRL GENERAL TERMS AND CONDITIONS OF SALE FOR CONTRACTS CONCLUDED WITH CONSUMERS (B2C)

 

9.1 The Customer purchases as a Consumer, as defined by the Consumer Code, and therefore benefits from the so-called legal warranty of conformity to which the Seller is bound by law on every good sold.

 

9.2 If the Products are defective or do not correspond to the descriptions on the website, the provisions of Italian Legislative Decree no. 206 of 6 September 2005 shall apply and the Seller shall be liable to the Customer for a period of two years from delivery of the Products for defects in the goods and non-conformities.

 

9.3. The Customer may request that the Products be restored to conformity free of charge or replaced. If repair or replacement is impossible or unreasonably burdensome for the Seller and/or if the Seller has failed to repair or replace the goods within a reasonable period of time and/or if an earlier repair or replacement has caused considerable inconvenience to the Customer, the Customer may demand a discount or termination of the contract. Articles 130 et seq. of Italian Legislative Decree no. 206/2005 shall apply.

 

9.4. Any defect or lack of conformity must be reported within 2 (two) months of discovery, under penalty of forfeiture of warranty rights.

 

Art. 10 Disclaimer and Limitations of Liability

 

10.1 All content on the website is of a general nature only and is for information purposes only and does not in any way constitute conventional warranties, technical opinions, or specific promises of quality and does not bind the Seller in any way and therefore may not be invoked against the Seller or third parties.

 

10.2 Except in the event of wilful misconduct or gross negligence, the Seller shall not be liable for any direct and/or indirect, incidental and/or consequential, pecuniary or non-pecuniary damage suffered by the Customer as a result of careless reliance on and/or improper use of the website content.

 

10.3 Except in cases of wilful misconduct or gross negligence, the Seller does not provide any warranty for the end result of the use of the goods supplied. The Customer is aware and accepts that the final result of the application of the product on a surface and/or substrate is influenced by multiple variables beyond the Seller's control and responsibility. Therefore, in the event of a final result that does not meet the Customer's expectations, the Customer may not ascribe any liability to the Seller, nor any direct or indirect, incidental and/or consequential, pecuniary and/or non-pecuniary damage.

 

10.4 Except in the case of wilful misconduct or gross negligence, the Parties agree to exclude any right of the Customer to damages or compensation, as well as any direct or indirect contractual or extra-contractual liability of the Seller for damages, direct and indirect, possibly caused by non-acceptance, even partial, of the order.

 

10.5 Except in cases of wilful misconduct or gross negligence, the Parties agree to exclude Polypiù Srl's liability for damages, direct and indirect, pecuniary and non-pecuniary, losses, loss of earnings and costs suffered by the Customer as a result of failed, partial and/or inexact fulfilment and/or for defects and/or faults in the product.

 

10.6 The Parties agree to exclude the liability of Polypiù Srl for delayed or failed delivery of the products due to unforeseeable circumstances, force majeure, facts not attributable to the Seller, including third-party events, and therefore no compensation for damages, penalties and/or indemnity shall be due by the Seller to the Customer in such cases. Force majeure includes but is not limited to: earthquakes, floods, accidents, fires, explosions, strikes and/or lockouts, epidemics, pandemics, and in any case of all those events that totally or partially prevent the execution of the service and/or shipment within the terms indicated in these Terms and Conditions of Sale or within the term eventually agreed to in writing by the Customer and the Seller.

 

10.7 Except in cases of wilful misconduct or gross negligence, the Seller shall not be liable for damage to the Customer's products or products that the Customer's products form a part of.

 

10.8 Except in cases of wilful misconduct or gross negligence, the Seller shall not be liable for non-availability or malfunctions concerning the use of the internet that are beyond the Seller's control.

 

10.9 Except in cases of wilful misconduct or gross negligence, the Seller shall not be liable for fraudulent, unlawful or unauthorised use of credit cards or other methods of payment by third parties if it proves that it has taken all precautions reasonably possible in accordance with current practice and common experience by like-sized sellers at the time of purchase and on the basis of ordinary diligence.

 

10.10 The Seller shall not be liable for the erroneous issue of accounting or tax documents or for late and/or failed delivery or for any additional costs incurred by the Customer due to false, incorrect, imaginary or third-party data provided by the Customer.

 

10.11 Except in cases of wilful misconduct or gross negligence, the Seller assumes no liability for the lack of availability of any product.

 

10.12 In the event of any ascertained nullity, invalidity or ineffectiveness of the Seller's disclaimer and limitation of liability clauses, the Seller and the Customer agree that any damages awarded to the Customer, in the event of the Seller's culpable breach of contract, shall in any case be limited to an amount not exceeding the price paid by the Customer for the purchase of the product.

 

Art. 11 Price.

 

11.1. The price of the products indicated in the online store is in euros and are not inclusive of VAT applicable under the law.

 

11.2 The prices of the products may be subject to change and therefore the Seller reserves the right to update them without prior notice. 11.3 The Customer shall purchase the products at the price displayed when placing the order (confirming with the “ORDER” button).

 

11.4 Shipping costs shall be borne by the Customer, as well as any additional costs associated with and related to the payment method chosen by the Customer. Any ancillary costs and/or taxes necessary for the shipment and delivery of the product, none excluded, shall also be borne by the Customer.

 

Art. 12 Payment Methods

 

12.1 The Customer may pay by credit card.

 

12.2 Payment by “credit card” is made at the time of ordering. This payment system allows for faster fulfilment. All credit cards of the major international payment circuits are supported.

 

12.3 It is understood that by filling in the appropriate spaces in the online purchase procedure, the Customer authorises Polypiù Srl to use their credit card or other payment card and to debit their current account for the exact total amount shown at the end of the purchase procedure in favour of the Seller. The online purchase procedure takes place via a secure connection directly connected to the bank that owns and operates the online payment service.

 

12.4 It is understood that goods will only be shipped after the Seller has received full payment for the goods ordered.

 

Art. 13 Copyright, Intellectual Property and Confidentiality Obligations

 

13.1 All content published on the Polypiù websites and the online store is copyrighted. Any use not envisaged by law requires advance written authorisation from Polypiù Srl. Any fraudulent use of such content shall be considered as counterfeiting and punished according to the Intellectual Property Code.

 

13.2 All information concerning the know-how and/or trademarks, patents owned by Polypiù Srl, as well as other commercial and corporate information that the Customer may become aware of during the course of any purchase negotiations and during the performance of the contract must be considered confidential and may not be used either directly or indirectly by the Customer except within the limits POLYPIÙ SRL GENERAL TERMS AND CONDITIONS OF SALE FOR CONTRACTS CONCLUDED WITH CONSUMERS (B2C) strictly necessary for the proper performance of the contract, nor shall they be disclosed to third parties without prior written authorisation from the Seller.

 

13.3 Any violation shall be punished according to the applicable laws, with Polypiù Srl also reserving the right to take action for compensation of all pecuniary and non-pecuniary damage directly and/or indirectly caused by the violation of the aforementioned provisions.

 

Art. 14 Privacy, Protection of Personal Data and Contract Filing Methods.

 

14.1 Personal data are collected exclusively for the purpose of registering the customer and carrying out the procedures for the conclusion and execution of the contract and the sending of the necessary communications. Such data are processed electronically in compliance with the relevant regulations in force and may be produced only upon express request of the Judicial Authority or other Authorities authorised by law.

 

14.2 Attention to the security and confidentiality of the Customer's data is a priority for the Seller. The information provided shall be treated as strictly confidential and the Seller agrees not to disseminate or sell the information in its possession to outside companies for promotional purposes.

 

14.3 By signing these General Terms and Conditions of Sale, the Customer declares that they have been informed of all the elements envisaged by the regulations of the sector as well as having read the complete privacy policy on the website in the relevant section and therefore gives their consent for their personal and company data to be processed in accordance with the law and, if necessary, disclosed to third parties whose cooperation should be necessary.

 

14.4 All personal data provided shall be processed in accordance with the provisions of Italian Legislative Decree 196/2003 and subsequent amendments. A full copy of the privacy policy and the use of cookies is available on the site in the “privacy” section.

 

14.5 Pursuant to Art. 12 of Italian Legislative Decree no. 70/2003 Polypiù Srl informs the Consumer Customer that every order submitted shall be stored in digital and/or paper form in the archives located at the registered office of the Seller or on the information systems/computers of the Seller's service providers whose relations are governed by a service contract (e.g., the so-called Server Farm).

 

Art. 15 Operation of the Online Store.

 

The online store/e-commerce platform is operational only during business days. Online sales are discontinued on ordinary closing days such as Saturdays and Sundays, as well as on all public holidays, during summer holidays from 1 August to 31 August, as well as during any extraordinary closures (e.g., court order; force majeure). It is understood that any online orders placed during the aforementioned closing periods will be processed and fulfilled by Polypiù Srl only when the company resumes/reopens. In any event, the Seller reserves the right to independently suspend the operation of the online store without prior notice.

 

Art. 16 Jurisdiction and Alternative Dispute Resolution (ADR)

 

16.1 In the event of disputes arising out of or in connection with this contract, the Parties shall agree to first attempt to amicably settle the disputes by mutual agreement.

 

16.2 In the event of disputes between the Seller and the Customer – who also falls under the definition of Consumer for the purposes of the applicability of EU Directive no. 524/2013 – concerning contractual obligations arising from the online sales contract concluded between the Parties, the Seller notes that the European Commission has developed and provides a platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr (ADR platform). Via this platform, the Customer Consumer may submit a complaint concerning the online sales contract concluded with the Seller. The website mentioned above (http://ec.europa.eu/odr) contains all the information necessary for the Consumer Customer to fill in a complaint and the procedure to follow.

 

16.3 For any dispute that has not been settled out of court related to the online sales contract or these General Terms and Conditions of Sale that may arise between Polypiù Srl and the Consumer Customer, the place of jurisdiction shall be exclusively that of the place of residence or domicile of the Consumer.

 

Art. 17 Language and Applicable Law

 

17.1 This contract is concluded in the Italian language and the Italian text shall prevail in the event of out-of-court and judicial disputes and/or litigation between the Seller and the Customer. Any English or other foreign language versions of these General Terms and Conditions of Sale on the website are prepared solely to facilitate the Customer's understanding and content of the contract.

 

17.2 This contract shall be governed exclusively by Italian domestic law and in the event of any legal disputes the sole language of the proceedings shall be Italian.

 

17.3 For all matters not expressly governed by these General Terms and Conditions of Sale, the provisions of the Italian Civil Code and the regulations on electronic commerce (Italian Legislative Decree no. 70/2003) and the Consumer Code (Italian Legislative Decree no. 206/2005) shall apply.

 

17.4 In the event of an “international sale”, the Parties agree to expressly exclude the application of the Vienna Convention (CISG 1980) and the contract shall be governed exclusively by Italian domestic law.

 

Milan, 18/05/2022