ART. 1) Premises
1.1) RETE PLASTIC SRL (with Tax Code and VAT Registration No: 03117710016), with registered offices at Via Venaria 35/37, Alpignano, Turin, Italy, acting through its director and pro tempore legal representative, Mr Franco Zanchetta, carries out commercial operations directed at selling its products including fencing materials in iron and plastic, posts, accessories, gates, hardware, irrigation and DIY materials, sports accessories, roofing, trellises , synthetic grasses, and cast iron profiles.
1.2) RETE PLASTIC SRL, through its website Fenceshop.eu (which it owns and is directly run by the same Rete Plastic Srl), intends to commercialize the above mentioned products together with any others viewable in its catalogue on its website
1.3) Commercial operations through the website are managed exclusively by RETE PLASTIC SRL.
1.4) All goods offered for sale through the website are described in detail with regard to brand, quality, characteristics, price.
1.5) These general conditions of sale are in accordance with the Consumer Sales Code (Legislative Decree no. 206 of 6th September 2005 articles 50 - 67).
Said conditions, with regard to purchases from Rete Plastic Srl through its website are also to be considered valid where artisans, entrepreneurs and or professionals in general, who would otherwise be excluded from the legislative decree on the basis of not being direct consumers, purchase products in connection with their business activities.
1.6) Before making a purchase, customers are required to accept these general conditions of sale. By forwarding an order via internet the Customer confirms that he/she has read, accepts and will observe the General Conditions of Sale.
ART. 2) Definitions
For the purpose of these conditions of sale the following definitions shall apply to:
- Users: whosoever accesses the Rete Plastic Srl website, visits and/or uses the same;
Supplier: Rete Plastic srl who, acting within the scope of its commercial activity sells the products listed in its online catalogue through its website Fenceshop.eu;
- Purchaser-Customer:the person who buys the products offered for sale by Rete Plastic S.r.l. in its online catalogue Fenceshop.eu;
-Products/Items/Goods: everything offered for sale by Rete Plastic Srl;
- Order: purchase request by the customer sent exclusively through the Rete Plastic website specifying the type and characteristics of the goods chosen and their price.
- Confirmation and/or Acceptance Message: messagge sent promptly to the purchaser /customer by Rete Plastic Srl confirming the order, providing a detailed summary of the complete order and the present General Conditions of Sale.
- Contract: The agreement, governed by the present General Conditions of Sale, stipulated between Rete Plastic Srl and the Purchaser/Customer following the reciept of an order through the website and subsequently confirmed and accepted via email by Rete Plastic Srl through the Confirmation and/or Acceptance message.
- Cookies: alfanumeric identifiers trasfered to users' hard disks via users' browsers by users themselves to allow the Rete Plastic Srl IT system to recognize users' browsers the next time they log on and to supply the services offered by Rete Plastic Srl including the conservation of items saved in users' shopping baskets between visits.
The purchase order submitted by the Customer to Rete Plastic S.r.l. via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order in accordance with articles 1341 and 1342 of the Italian Civil Code; by placing an order with Rete Plastic S.r.l. the Customer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Customers may modify/correct/integrate the data entered and will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. A digital copy of the same is kept on record by Rete Plastic S.r.l.Customers may request a copy of this information at any time.
ART. 3 - Subject of the contract: conclusion and implementation
3.1) The ""PREMISE"" described in article 1 and the ""DEFINITIONS"" in article 2 constitute an integral and essential part of these general conditions of sale. The contract is concluded when Rete Plastic S.r.l. receives the order form by e-mail, has checked that the details of the order are correct and has sent a confirmation email.
3.2) Orders that have been accepted by Rete Plastic S.r.l. cannot be cancelled by the Customer without written consent from Rete Plastic S.r.l. except when exercising the right of withdrawal as per article 11 of these general conditions of sale.
3.3) Following the conclusion of the contract, Rete Plastic S.r.l. shall endeavour to deliver, after having received relevant payment, the goods in the way and terms described in article 7 of these general conditions of sale.
ART. 4) Catalogue
All the products offered for sale by Rete Plastic S.r.l., through its online store are accurately described in detail and respect the true characteristics of the same.
ART. 5) Prices
5.1) The price of the products on sale is that indicated within the Rete plastic S.r.l. online store at the time the order is placed by the Customer. The prices of products not displayed within the online store, or prices not displayed must be previously confirmed in writing by Rete Plastic S.r.l. prior to acceptance of all orders.
5.2) Unless otherwise agreed in writing, the above mentioned prices shall be calculated ex-works and NET of VAT and discounts. These prices shall not include packing and shipping from Rete Plastic S.r.l. to customer's delivery address. These costs shall be calculated separately and sustained by the customer.
5.3) Rete Plastic S.r.l. reserves the right to change prices of products offered at any time and without notice. The prices published on the Site at the time an order is confirmed are the prices that will be applied to such order. Furthermore Rete Plastic S.r.l. reserves the right to amend all or part of these general terms and conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Site
5.4) Intra-European customers: As customs policies vary by country, Rete Plastic S.r.l. cannot anticipate what these charges will be and therefore accepts no responsibility for any taxes, duties, import fees or custom fees levied once the purchased products reach your country.
If you are a resident of any EU country, we do charge an Italian VAT tax on our products. Customers who are not registered for VAT will receive an invoice as per the prices indicated in our online store. VAT will be invoiced at 22% to all Italian customers and to European customers without a VAT number. European customers with a VAT number will be exempted from payment of VAT in compliance with Article 41 of the Italian Legislative Decree n° 331/93 and will pay VAT in their own country at the rate in force. Customer with a VAT number may request an invoice prior to payment and will be required to enter all the necessary data. Rete Plastic S.r.l. reserves the right to verify that VAT numbers are correctly registered and active. If this is not the case, the order will be cancelled and all monies previously paid for the said order returned to the customer.
5.5) Extra-European Customers: Customers with a shipping address outside Italy and outside the EU zone which is defined Exports (non-EU customer) with or without VAT number: Not taxable pursuant to art. 8 of Presidential Decree 633/72. All goods shipped to non EU customers will be subject to Customs clearance and will include a formal export declaration
ART. 6) Payments
Rete Plastic S.r.l. accepts the following payment methods through its online store Fenceshop.eu: Bank transfer, Credit card (forwarded to a protected online banking system provided by Stripe). We also welcome payments from PayPal Accounts and reserve the right to process orders only if shipped to the same address that the verified Paypal account is registered with.
Orders will not be processed by Rete Plastic S.r.l. until payment has been received. In the case of payment by credit card or through the services offered by the website www.PayPal.com, Rete Plastic S.r.l. will endeavour to fulfil orders within five days of the payment being made as per the terms set forth in Art. 7.
Payments by Bank Transfer must be made within 5 working days of receiving order acceptance confirmation from Rete Plastic S.r.l. by email. A copy of the bank receipt certifying payment must be sent to help@fenceshop.eu within the same 5 days. All orders will remain suspended until these instructions have been complied with.
The failure to comply with these payment instructions will automatically result in the revocation of the order and the extinction of all obligations between the parties.
It is understood that , in the event that the purchaser meets the term of 5 ( five) working days , Rete Plastic S.r.l. is obliged to act on the purchase request in the terms set forth in art . 7 ) , it being understood that such terms shall be effective upon receipt by Rete Plastic S.r.l. of the copy of the bank receipt certifying payment.
ART. 7) Delivery of goods
7.1) Rete Plastic S.r.l. aims to deliver anywhere in the world within 4 – 6 working days beginning the day after payment has been received. However, the possibility of further delays in the delivery of ordered items due to sudden late stock of material for sale may prove. In this case the customer will be promptly notified by telephone or e-mail the possibility to cancel the order or wait for the goods to arrive.
7.2) Please note that our expected delivery times are indicative and are not to be considered as binding (pursuant to Article 1457 of the Italian Civil Code of Law).
7.3) Goods shall be deemed to be delivered when they have been handed over to the carrier and the relevant Bill of Lading dated and signed.
7.4) Rete Plastic S.r.l. shall not be liable for any delays and/or errors or similar events regarding the delivery of goods that are attributable, whether directly or indirectly, to the carrier, or possible delays and/or errors or similar events regarding the delivery of the goods that depend on the absence of the recipient, at the place of residence/domicile / registered office at the time of delivery, the incorrect address provided by the recipient, partial or total strikes, power outages, natural disaster, measure imposed by the public authorities, force majeure, disturbances, terrorist attacks and the like, and in any case not attributable to Rete Plastic S.r.l.
7.5) Should such delays occur, Rete Plastic S.r.l. shall not be liable for any losses, costs, damages or expenses incurred by the recipient arising directly or indirectly out of any failure to meet any estimated delivery date.
7.6) Recipients requesting notification of when goods are handed over to the carrier and/or delivery times by email from Rete Plastic S.r.l. will be charged as quoted on our website.
ART. 8) Returns due to non conformity
Should a product be delivered that differs from that ordered or that is not complete Rete Plastic S.r.l. will endeavour to replace or complete the product in the shortest possible time.
Customers are required to inform Rete Plastic S.r.l. of any non-conformities immediately and in any case within 5 days of delivery by email to help@fenceshop.eu
The cost of packaging and shipping for the return and subsequent packaging and shipping for the replacement item shall be borne by Rete Plastic S.r.l. only and exclusively where the original item shipped differs to that ordered.
ART. 9) Right of withdrawal/ returns policy
9.1) The Customer is entitled to withdraw from the purchase agreement for whatever reason, without incurring in any penalty and provided that the following are fully respected, within ten business days from receiving the goods. The right of withdrawal may be exercised by sending an email to help@fenceshop.eu within the indicated term of ten days.
9.2) A Customer who exercises his/her right of withdrawal is required to return the goods to Rete Plastic S.r.l. within 10 working days of the said communication. All costs of returning the product to the Rete Plastic S.r.l. shall be payable by the Customer.
9.3) The goods are considered as returned when consigned to the receiving post office or courier. Following the return of goods Rete Plastic S.r.l. will inspect the integrity of the returned goods as described below.
9.4) Where there is an obvious depreciation in the value of the goods due to use, neglect or lack of one of the original components, Rete Plastic S.r.l. will communicate theses observances to the customer by email.
9.5) The right to return products shall be deemed correctly exercised once all the essential terms and conditions herein have been fully met including the following:
- the purchased item is returned undamaged, in its original packaging and complete in all its parts (including any documentation or accessory equipment: manuals, cables, etc ...);
- the purchased item has not been used and shows no evident signs of wear;
- any labels attached to the purchased item have not been removed nor tampered with.
9.6) If all the above right of withdrawal conditions have been met Rete Plastic S.r.l. will reimburse all payments received from the buyer-customer (excluding additional costs) without undue delay and in any case within 14 (fourteen) days from the notice of withdrawal; the refund will be made using the same payment method used by the buyer-customer.
Except that Rete Plastic S.r.l. has offered to collect the goods, the aforementioned refund can be suspended until the receipt, on the part of Rete Plastic Srl, of the goods in the same way as in point 9.5 or until the buyer-customer has not shown have sent back the goods.
9.7) Following the receipt by Rete Plastic S.r.l. of the notice of withdrawal and after , in any case , strict compliance by the purchaser of both the communication of intention to recede period and the stated period during which goods must be returned, the parties are released from their respective obligations under the contract of sale.
9.8) The right of withdrawal is entirely forfeited if any of the essential conditions are not met.
9.9) The right of withdrawal is however excluded for all contracts that fall within the list referred to in art. 59 cod. consumption, with particular reference to the supply of goods cut to measure or clearly personalized.
ART. 10) Termination clause
Rete Plastic S.r.l. has the right to terminate any purchase order, with immediate effect and in accordance with and by virtue of Art. 1456 of the Italian Civil Code, by simple written communication to the purchaser should any one of the provisions detailed in these conditions of sale not be respected.
ART. 11) Applicable law
These General Conditions and the Sales Contracts shall be governed exclusively by Italian law.
ART. 12) Jurisdiction
Any dispute that may arise between Rete Plastic S.r.l. and the Customer in relation to these General Conditions and/or the Sales Contracts, shall be submitted to the exclusive jurisdiction of the Court of Turin.
