This document contains the general terms and conditions on the basis of which users are offered the use of the website www.planium.it which offers Online Sale of Goods.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
Owner: Planium., with registered office in VIA TOLSTOJ 27/A – 20098 SAN GIULIANO MILANESE (MI), REA number: MI-1062215, PEC address www.planium.it
Application: the website www.planium.it
Products: the products supplied to the user by the Owner
User: any person who accesses and uses the Application
Consumer User: the natural person of age who concludes a contract for purposes unrelated to his/her entrepreneurial, commercial, craft or professional activity that may be carried out
Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or needs of their business, commercial, craft or professional activity
Conditions: this contract governing the relations between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application
2.Scope of the Terms
The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he cannot use the Application or the related services.
The conditions can be changed at any time.
The applicable conditions are those in force on the date of transmission of the purchase order or request for the supply of a product.
Before using the Application, the User must carefully read the Conditions and save or print them for future consultations.
The Owner reserves the right to change the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, at any time, at its discretion, communicating to the User where necessary, the relevant instructions.
3. Purchase or supply request through the Application
All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times and costs, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published on the Application and the actual Product may occur. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products through the Application are permitted to both Consumer Users and Non-Consumer Users.
Purchases and/or supply requests are allowed to natural persons only if they are of age. For minors, any purchase and/or request for the supply of Products through the Application must be screened and authorized by parents or by parental responsibility operators.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal and/or supply request, subject to confirmation and/or acceptance by the Owner as described in following. Therefore, the Owner will, at its sole discretion, have the right to accept or reject the User's order without the latter being able to object or complain about anything for any reason and/or reason.
The contract for the sale or supply of the Products is considered concluded with the acceptance by the Owner of the User's contractual proposal. The Data Controller will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the times and any delivery costs, the how to exercise the right of withdrawal or its possible exclusion and warranty.
The contract for the sale or supply of the Products is not considered effective between the parties in default of what is indicated in the previous point.
In the event that the Product is not available, the Owner will make the new delivery or supply terms known to the User, asking if he intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of his order, the relative confirmation and the Conditions.
4. Prices and payments
"For each Product, the price is indicated including VAT, if due, and delivery costs in all Italian areas that are not defined "disadvantaged ". The estimate of the delivery costs in "disadvantaged" areas or outside Italy will be sent by our commercial area after the user has filled in the request.This will be possible through the non-binding reservation of the product; you will confirm the actual order only after the offer ".
The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes will in no case affect the contracts already concluded before the change.
The User agrees to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data that may be required.
The Application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (number of credit cards, name of the owner, password, etc.).
Should these third-party instruments refuse to authorize payment, the Owner will not be able to supply the Products and cannot be held liable in any way.
The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User which he declares and warrants to be true will be authentic, releasing to the Owner any wider indemnity in this regard.
6. Method of delivery of material Products
The material Products and/or digital goods provided on a material support will be delivered to the address indicated by the User, in the manner and within the time frame chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment of taking charge of the courier.
The estimated times of sending and delivery of the products are purely indicative and it is not possible to rely totally on them.
In the event that it is not possible to supply the requested Products, timely notice will be given by e-mail to the User, with an indication of when it is expected to be able to deliver them or of the reasons that make the supply impossible.
If the User does not intend to accept the new term or the delivery has become impossible, he can request a refund of the amount paid which will be credited promptly in the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify compliance with the order made as well as the integrity of the packaging. In the event that there is evident damage to the packaging and/or to the Product, the User can refuse the delivery of the Product and can return it without any expense at his expense. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the Products delivered.
The Owner will not be liable to any party or third parties for damages, losses and costs incurred as a result of the non-execution of the contract due to force majeure.
7. Exclusion of the right of withdrawal of non-consumer users
The right of withdrawal from the contract of sale or supply of the Products is not recognized to the non-Consumer User. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a non-Consumer User, for which there is no right of withdrawal.
8. Right of withdrawal of Consumer Users from the purchase of tangible Products
The only Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address firstname.lastname@example.org using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 14-day deadline for exercising the right of withdrawal starts from the day on which the last Product was received.
In case of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The Consumer User will bear only the direct cost of returning the Product, unless the Owner has declared to take charge of it.
In case of withdrawal exercised correctly, the Owner will reimburse the payments received by the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated his intention withdraw from the contract.
The Owner is not required to reimburse delivery costs, if the Consumer User has explicitly chosen a type of delivery other than the less expensive type of delivery offered by the Owner.
The Owner, unless he has offered to collect the Product himself, can withhold the refund until he has received the Product or until the Consumer User has shown that he has sent it back.
The Owner will not accept the return if the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts , packaging etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.
In any case, the risks arising from transport and the return costs will be borne by the Consumer User.
The right of withdrawal does not apply in the case of the supply of sealed goods that cannot be returned for hygienic-sanitary reasons and which have been opened after delivery.
9. Optional form to exercise the right of withdrawal
The User can withdraw using the following form which must be completed in its entirety and sent to the email address email@example.com before the expiry of the withdrawal period:
Herewith, I communicate the withdrawal from the sales or supply contract relating to the following product __________
Order number: _______
Ordered on: _______
Name and surname: _______
E-mail associated with the account from which the order was made: ____________________
10. Product warranty for non-Consumer Users
In relation to the tangible Products, the guarantees for defects of the thing sold, the guarantee for lack of promised and essential quality and the other guarantees provided by the civil code with the relative terms, forfeits and limitations (articles 1490 and following of the Italian Civil Code).
11. Guarantee of conformity of the material Products for Consumer Users
The legal guarantee of conformity is recognized, as provided for in articles 128-1325 of the Consumer Code, for all Products sold through the Application that fall into the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code: any movable property, even to be assembled, except i) the goods subject to forced sale or in any case sold in other ways by the judicial authorities, also by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a specified quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner is obliged to deliver to the Consumer User Products compliant with the sales contract. It is assumed that the Products comply with the contract if, where relevant, the following circumstances exist:
a. are suitable for the use for which goods of the same type are usually used;
b. comply with the description made by the Owner and possess the qualities of the goods that the seller has presented to the Consumer User as a sample or model;
c. present the usual quality and performance of an asset of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, public declarations on the specific characteristics of the Products made in this regard by the Owner, by the manufacturer or its agent or representative, particularly in advertising or on labeling;
d. they are also suitable for the particular use desired by the Consumer User and which was brought to the attention of the Owner at the time of the conclusion of the contract and which the Owner has accepted also for conclusive facts.
Any failures or malfunctions determined by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not comply with its intended use and / or as provided in the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is assumed that the defects of conformity that occur within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage did not originate from incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in case of lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, without charge. To this end, the Consumer User can choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively expensive. In addition, the Consumer User has the right to an adequate reduction in the price or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced within a reasonable time, taking into account the nature of the Product and the purpose for which the Consumer User purchased the Product; iii) the replacement or repair has caused significant inconvenience to the Consumer User.
If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address firstname.lastname@example.org
The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the reported defect.
12. Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Application and/or the Content available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents related to the Application are and remain the property of the Owner or its licensees and are protected by applicable trademark laws and related international treaties.
The Conditions do not grant the User any license of use relating to the Application and/or to individual contents and/or materials available there, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and the Contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property right of the Owner.
13. Exclusion of the guarantee
The Application is provided "as it is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of the Users or that it will not have never outages or it will be error free or it will be virus or bug free.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the control of the Owner or for force majeure events.
14. Limitation of Liability
The Owner cannot be held liable to the User, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected with the use of the internet outside of its own control or that of its suppliers.
The Owner will also not be liable for damages, losses and costs incurred by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User entitled only to the eventual full refund of the price paid and any accessory charges incurred.
The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not enter in any way in contact with the payment data used (number of credit cards, owner's name, password, etc.)
The Owner will not be responsible for:
any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the breach of the contract by the Owner;
incorrect or unsuitable use of the Application by Users or third parties;
the issue of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion.
In no case can the Owner be held responsible for an amount greater than double the cost paid by the User.
15. Force majeure
The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unexpected and unpredictable events and, in any case, independent of its will.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the proper fulfillment of his obligations despite the persistence of force majeure events.
16. Linking to third party sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User. Consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent by territory according to one of the criteria referred to in art. 18, 19 and 20 of the Italian civil procedural code.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
For non-consumer users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved exclusively to the forum of Milan.
19. Online dispute resolution for Consumer Users
The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services stipulated on the net in a non-judicial manner. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/
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Via L.Tolstoj 27/A, 20098 San Giuliano Milanese (MI)