GENERAL TERMS AND CONDITIONS OF SALE for www.ferplast.com/eu
By making any purchase, you fully accept the present General Terms and Conditions of Sale. We therefore kindly invite you to read them carefully.
1. GENERAL PROVISIONS AND CONTACTS
2. PURCHASE PROCEDURE, PAYMENTS AND CONCLUSION OF THE CONTRACT
3. PRICES, SHIPPING CHARGES AND AVAILABILITY
4. SHIPPING AND DELIVERY
5. RIGHT OF WITHDRAWAL
6. GUARANTEE AND LIABILITY
7. APPLICABLE LAW AND JURISDICTION
9. PRIVACY, DATA SECURITY AND PAYMENTS
10. GENERAL TERMS AND CONDITIONS OF SALE: AMENDMENTS AND INVALIDITY
1 – GENERAL PROVISIONS AND CONTACTS
The present General Terms and Conditions of Sale govern all sale and purchase agreements regarding the products/services offered by the online store www.ferplast.com/eu (hereafter also referred to as: the Site) and concluded between the Buyer and the Seller (please see section 1.2 – “Contracting parties and geographical area”).
The General Terms and Conditions of Sale applicable to the contract are published on the Site as of the date when the purchase order is sent, but they may be amended by the Seller at any time (please see section 10 – “General Terms and Conditions of Sale: amendments and invalidity”). Buyers are therefore invited to regularly visit the Site in order to check for any changes and/or updates to the General Terms and Conditions of Sale; Buyers can also view the General Terms and Conditions of Sale that were in force at the time when they placed their purchase order, by accessing the dedicated section of the Site.
1.1 - Contacts
Ferplast S.p.A. Via 1° Maggio 5 ZI 36070 Castelgomberto (VI)
Tel/fax: +39 0445 429111
C.C.I.A.A. Vicenza – R.E.A. 153777 | C.F. - VAT. Nr. - N.REG.IMPR.VI: IT01241800240
1.2 – Contracting parties and geographical area
“Buyer” (hereafter also referred to as “Customer”), refers to any individual, aged 18 or over, or legal entity, who completes actions on the Site. When making a purchase request, the Buyer guarantees that he/she has full legal capacity to act. We invite anyone not belonging to this category to refrain from completing commercial transactions on the Site, asking their parents or guardian to carry out the transaction on their behalf.
The products on sale on the Site will be delivered to the Buyers, who will provide a delivery address located in the European Union (excluding any overseas territories).
“Seller” refers to Ferplast S.p.A. Via 1° Maggio 5 ZI 36070 Castelgomberto (VI). Please see section 1.1 - “Contacts” for the Seller’s contact details.
2 - PURCHASE PROCEDURE, PAYMENTS AND CONCLUSION OF THE CONTRACT
2.1 – Information on the products displayed on the Site
Each product is presented with a technical data sheet, where you can find the description of all of its main features, main and detailed images, the range of colours and the sizes available.
The images provided give the closest representation possible of the real product. However, please note that the shades of the colours in the images may vary from reality due to the different settings on each individual’s computer or mobile device. Photographs may also not convey the proportions and effective dimensions of the product, which, in any case, are included in the data sheet. For the purposes of the sales contract, the description and the sizes specified in the data sheet shall prevail.
All product information provided on the Site, including technical specifications, images, sizes or details of compatibility, are not binding and may be subject to change at any time, unless they are specifically identified as being binding.
2.2 – Purchase procedure
• By clicking on any of the products displayed on the Site, the Customer will be taken to the relative data sheet, where he/she can view the details of the item (e.g. its dimensions and the available colours). After selecting the quantity and the other characteristics desired (such as the colour and the size), the Customer may continue with the purchase procedure by clicking on “Add to cart”. The product is then added to the virtual shopping cart;
• in order to complete their purchase, the Customer must click on “Proceed to checkout”; the checkout page will then be displayed and the Customer will be asked to fill in a dedicated section with some their personal details, such as name, surname, e-mail address, address and personal tax code. Private Customers will only be required to provide their personal tax code if they requested an invoice for the order by ticking the relative box in the same section of the Site. If the Buyer is a company, then they will also be asked to provide their company name and VAT no., in addition to the aforementioned details relating to their representative.
Lastly, the Customer may also request that the order be delivered to a different address from the one indicated;
• before completing the order, the Customer is required to select their desired “Shipping method” (please see section 4 - “Shipping and delivery”) and “Payment method” (please see following section). An order summary is then provided (“Review your order”), which the Customer must double check before confirming their order, paying particular attention to any discounts or sales initiatives available at the time. By clicking on “Buy now”, all details are confirmed and the order is sent, therefore becoming an “order with obligation to pay”. For accounting-administration purposes, the Seller reserves the right to check the details provided by the Customer. The purchase amount is highlighted in the “Review your order” summary, with indication of the payment method chosen (please see following section).
2.3 – Payment methods and payments
Orders placed on the Site can be paid for using a Credit Card or via PayPal, Apple Pay, Google Pay Shop Pay, iDeal, Bancontact (please see the following sections); the Customer chooses their preferred method of payment at the checkout, in the dedicated section of the Site, as described above (please see the previous section). For each payment, when the goods are shipped, the Seller issues an “amount due” notice or an invoice if the Customer is a company or a private individual who has requested this documentation, as indicated above. These documents are sent via e-mail to the Buyer as soon as they are issued; once the invoice has been issued, it will no longer be possible to change the taxpayer information indicated.
2.3.1 - Credit Card, PayPal, Apple Pay, Google Pay Shop Pay, iDeal and Bancontact
With regard to payments made by Credit Card and via PayPal, Apple Pay, Google Pay Shop Pay, iDeal and Bancontact, the relative amount is debited from the Customer’s account by clicking on “Buy now”. The Buyer’s credit card details are required at the time of payment (please see section 2.2 - “Purchase procedure”), using a secure connection that neither www.ferplast.com nor the Seller have access to; credit card payments are processed using the online payment system ‘Shopify Payments’ (please see section 9 – “Privacy, data security and payments”).
The Customer guarantees that he/she is authorised to use the credit card or PayPal, Apple Pay, Google Pay Shop Pay, iDeal, Bancontact account being used to pay for the order.
2.4 - Requesting an invoice
Please see section 2.2 - “Purchase procedure” and 2.3 - “Payment methods and payments”.
2.5 – Order cancellation
The Customer may cancel their order before concluding the contract (please see the following section). In order to cancel their order, the Customer must notify Ferplast S.p.A. Via 1° Maggio 5 ZI 36070 Castelgomberto (VI), Tel/fax: +39 0445 429111, E-mail: firstname.lastname@example.org, providing a clear declaration to that end, which can be sent via email or fax, and attaching both of the following documents:
- the “Order confirmation” that was e-mailed to the Customer after they clicked on “Buy now” (please see section 2.2 – “Purchase procedure” and 2.6 – “Conclusion of the contract”), and
- proof that payment was carried out.
The Seller shall reimburse all amounts received, using the same method used for the original payment, or a similar method indicated by the Buyer; said reimbursement shall be carried out without undue delay and, in any case, no later than 14 days from the date when the Seller was informed of the decision to cancel the order.
This is without prejudice to the right of withdrawal under the terms and conditions referred to by section 6 of the present General Terms and Conditions of Sale.
2.6 – Conclusion of the contract
The bids on the Site are not binding for the Seller and they are not public bids, but merely an ‘invitation to bid’.
The purchase order made by the Buyer represents a binding contract proposal. The Seller confirms receipt of the purchase order by sending an “Order confirmation” via email, which does not represent acceptance of the Buyer’s contract proposal.
The Customer’s purchase proposal is only accepted when the Seller ships the goods to the Customer, confirming that they have been dispatched with a “Shipping confirmation” document sent via e-mail. The contract is concluded when the Buyer receives said document, which is always sent by email. The “Shipping confirmation” is sent along with a new “Amount due” notice or “Invoice” with a description of the product ordered and the main terms of the contract (price, quantity, etc.).
Should the Buyer not receive the “Order confirmation” within 24 hours from sending their purchase order, or if within 96 hours after receiving the “Order confirmation”, they do not receive the “Shipping confirmation” from the Seller or some other notification, they are under the obligation to contact the Seller using the email address email@example.com in order to check the status of their purchase order.
The “Order confirmation” and the “Shipping confirmation” are considered to have been duly received when the parties to whom they are addressed have the possibility of accessing electronic messages.
3 – PRICES, SHIPPING CHARGES AND AVAILABILITY
3.1 - Prices
All prices indicated on the Site are in Euros (EUR) and include VAT (and WEEE contributions, if applicable). The Seller reserves the right to change the product’s price at any time; the price of the product charged to the Customer will be the same as the one shown on the Site at the time of placing the order.
3.2 – Shipping charges
Shipping charges are to be paid by the Buyer, unless otherwise specified in the product’s data sheet and during the purchase procedure. Total shipping charges, indicated in Euros (EUR)) and inclusive of VAT, are shown separately from the amount due for the products purchased and are highlighted in the “Review your order” section and in the “Order confirmation”. Total shipping charges may vary depending on where the products are being delivered to and the type of delivery chosen by the Buyers themselves.
3.3 - Availability
All products displayed on the Site are available for purchase and for shipping to the Customer, unless otherwise indicated. Nevertheless, owing to purchases being made simultaneously on the Site, a product may not be immediately available, making it necessary to wait for restocking. Should this be the case, the Customer will be immediately contacted by email or over the telephone in order to reach an agreement in this regard.
4 – SHIPPING AND DELIVERY
Deliveries will only be made in the countries members of the European Union; these do not include those where there is a branch of the Ferplast Group that already works as seller (for online sales) in the country where it is located. For deliveries in these countries, please order from their relative websites.
For some locations that are remote or difficult to reach, it may be necessary to request an additional fee, which will be informed during the purchase procedure.
Upon delivery, the Customer is invited to check that the number of items matches the number of items stated in the “Amount due” notice or “Invoice” received via email and that the packaging is not damaged in any way (torn, wet, etc.). If the number of items doesn’t match or the packaging is damaged, the Customer must accept the package ‘subject to verification’, specifying the reason for this on the document that he/she signs for receipt, or the Customer may refuse to accept it. In these cases, the Customer must immediately inform the Seller by sending an email to firstname.lastname@example.org.
4.1 – Non-delivery due to the recipient being absent
In order to streamline the delivery of products purchased on the Site, the Seller uses a number of services available on the market. If the Customer/addressee isn’t present when the delivery arrives, the courier will leave a “notice” of attempted delivery; this notice also includes all of the instructions to be followed for the delivery or pick-up of the goods purchased.
In the case of any doubts, you may send an email to the Seller, to email@example.com, in order to request further information, or contact the courier directly using the contact details provided on the notice of attempted delivery.
4.3 – Shipping and delivery timeframes
The delivery times indicated are not binding, unless otherwise stated in a specific agreement. Nevertheless, the Seller shall do everything in its power to respect these times.
When the order is placed, the Customer will receive a tracking number, allowing them to continuously check the status of the delivery.
5 – RIGHT OF WITHDRAWAL
5. 1 – Instructions for the right of withdrawal
As a consumer, the Customer has the right to withdraw from the contract without providing any justification, within 30 days.
This right of withdrawal terminates 30 days after the date when the Customer or a third party, other than the carrier and indicated by the Customer, acquires physical possession of the goods.
In order to exercise their right of withdrawal, the Customer must inform Ferplast S.p.A. Via 1° Maggio 5 ZI 36070 Castelgomberto (VI), Tel/fax: +39 0445 429111, E-mail: firstname.lastname@example.org, of their decision to withdraw from the present contract, providing a clear declaration to that end (e.g. a letter sent via email, fax or post). For this purpose, the Customer may use the attached withdrawal form (please see section 5.3), or may also fill out and electronically send the withdrawal form present on the Site, or may send any other clear declaration to the email address email@example.com. Should the Customer opt for this option, he/she will receive an email without delay confirming receipt of the withdrawal request.
In order to respect the cut-off for the right of withdrawal, it is sufficient for the Customer to send notification of their intention to exercise said right before it expires.
5.2 – Effects of withdrawal
If the Customer withdraws from the present contract, all payments made to the Seller will be reimbursed, including shipping costs (with the exception of additional costs arising from choosing a costlier delivery method compared to the standard delivery option provided); the latter will not be reimbursed in the case of partial withdrawal. Reimbursements will be carried out without delay and, in any case, no later than 14 days after the date when the Seller was informed of the decision to withdraw from the present contract. Said reimbursement will be made using the same payment method used by the Customer for the original transaction, unless the Customer has expressly stated otherwise. In any case, the Customer must not incur any charges as a result of the reimbursement.
The reimbursement may be suspended until goods are returned or until the Customer has demonstrated that they have indeed shipped the goods, if this is earlier.
1. The Customer is kindly requested to send back the goods and return them to the Seller without delay, and, in any case, no later than 14 days from the date when they provided notification of their withdrawal from the present contract. This timeframe is considered respected if goods are shipped before expiry of the 14-day period.
2. The costs for returning the goods are payable by the Customer.
3. If the goods that are subject of the contract cannot be returned normally by post, please be advised that the direct cost of €15.00 shall be payable by the Customer for the return of the goods (with the exception of glass aquariums and terrariums above size 80 for which the cost will be € 69.00).
4. The Customer will only be held responsible for a reduction in value of the goods if they have been handled in a way that goes beyond what is required in order to establish their nature, characteristics and functioning.
5.3 – Withdrawal form (to be completed and returned if you wish to withdraw from the contract)
- Addressee: Ferplast S.p.A. Via 1° Maggio 5 ZI 36070 Castelgomberto (VI), Tel/fax: +39 0445 429111, E-mail: firstname.lastname@example.org
- I am/We are (*) writing to inform you of my/our (*) intention to withdraw from my/our (*) sales contract for the following goods/services (*)
- Ordered on (*) /received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the present form is being sent on paper)
(*) Delete as appropriate.
6 – GUARANTEE AND LIABILITY
6.1 – Legal guarantee of conformity
All purchases made on the website www.ferplast.com grant Customers the right to the “legal guarantee” provided for by applicable legislation; this guarantee is valid should the product not be compliant with the relative sales contract.
The Seller is responsible for all non-conformities arising in the six-year period after the goods have been delivered (with the exception of Scotland, where a five-year period applies).
6.2 – Return of defective/non-compliant products
The Buyer has the right to return a Product if it arrives defective. The Seller reserves the right to carry out checks aimed at verifying the existence of the defect reported by the Buyer.
Should the case of non-compliance be confirmed, the Seller shall repair or replace the good in question in order to make it compliant; if these solutions prove inapplicable, then the Buyer may request that the price be reduced appropriately or that the contract be terminated.
Any reimbursements will be carried out using the same method as the original payment, compatible with Customer requirements.
Should the case of non-compliance not be confirmed, the Seller shall return the product to the Customer, with the latter incurring the relative costs.
In the event of a defective or non-compliant product, the Buyer must make a complaint, as per the following section 6.3.
6.3 – How to complain and where to send complaints
Any complaints must be sent together with the proof of purchase issued by the seller and/or the payment documentation.
Complaints must be promptly made by the Buyer. Complaints are to be forwarded to the Seller via email, to the address email@example.com. The Seller will then immediately notify the Buyer of how to return the product, if necessary.
Once a non-compliance has been flagged up, the product may no longer be used and must be returned to the Seller on the basis of the instructions provided by the latter.
7 – APPLICABLE LAW AND JURISDICTION
The present General Terms and Conditions of Sale and the contract are governed and interpreted in accordance with italian legislation.
For the resolution of civil and criminal disputes relating to the present contract, if the Customer is a consumer, then the courts where they are resident shall have jurisdiction; in all other cases, the courts of Vicenza shall have exclusive jurisdiction.
Please be informed that, should a dispute arise, the Customer can send a complaint using the European Commission's ODR platform, which can be accessed using the following link: http://ec.europa.eu/consumers/odr/index_en.htm
8 – COPYRIGHT
All of the contents included in the website www.ferplast.com are protected by copyright. All rights are owned by Ferplast Spa. It is forbidden for this website to be: copied, either in full or in part, transferred using electronic or conventional means, altered or connected to and used for public or corporate purposes, without the prior written approval of Ferplast Spa.
9 – PRIVACY, DATA SECURITY AND PAYMENTS
Every purchase is made with the utmost security thanks to the use of the most advanced IT systems in the field of e-commerce, together with coding systems (SSL/TLS), allowing for the protection of each Customer’s personal data. Furthermore, Ferplast uses the Shopify Payments secure payment system, allowing for secure payments to be carried out without the Customer’s credit card details becoming accessible to Ferplast or to third parties. At the checkout, the payment details inserted by the Customer are directly “encrypted” by the Customer's browser and sent to Shopify Payments, where they are decrypted and saved in order to process the payment.
10 – GENERAL TERMS AND CONDITIONS OF SALE: AMENDMENTS AND INVALIDITY
The General Terms and Conditions of Sale applicable are the ones published on the Site on the date when the purchase order was placed.
The Seller reserves the right to amend the present General Terms and Conditions of Sale at any time in order to offer new products or to adapt to Italian and/or European legal requirements. The amended General Terms and Conditions of Sale are available on the Site.
Any changes proposed by the Buyer will not be enough to amend the General Terms and Conditions of Sale, unless they have been expressly accepted by the Seller in writing.
Should any of the present general terms and conditions turn out to be invalid, or become invalid at a later date, this shall not influence the validity of the rest of this contract. In this case, the invalid term shall be replaced with a term that represents its intent and economic purpose as closely as possible, or with appropriate legal provisions. The Parties therefore agree and accept that the invalidity of a term and/or condition shall not represent a substantial legal element for the voidability or invalidity of the agreement, as they declare that this is without prejudice to the good faith in carrying out the contract, and the fact that the Parties could not have been aware of said invalidity when first concluding the agreement.