TERMS AND CONDITIONS OF SALE AND SERVICES
All the purchases of product or services made in www.hamzones.com (Website) are ruled by the following conditions (Conditions)
By clicking the "accept " button users will accept the Conditions without limitations or reserves.
The Website is property of Litostil s.a.s (from hereinafter Litostil), registered offices in Fagagna (Udine), Via G.A. Pilacorte, nr 2, P.I. 01555470309, registered to the Business Register of Udine nr. 0155470309 REA n. UD-180836.
1. Website Services
The Website offers services of web to print ( collectively from hereinafter the "Services"), such as printing of documents in different formats and on different supports ( from hereinafter "Products") with home delivery, or with third parties' delivery by Post delivery services all over Italy, exclusively. We apply these Conditions to all the Services offered by Litostil, if consistent, unless otherwise specified.
To have access to the Services you need to register in the Website. During the registration the users will be asked if they want to register in order to make their purchase, they will be asked if they are a company, individual company/licensed professionals, private customers or associations/clubs, and in the end the have to specify which Country they are from.
Only the purchase of Services made by private customers are ruled by a consumer protection law pursuant to D. Lgs. 06.09.2005 n. 206 ("Consumer Code").
All the final prices of the Services visualized in the Website are in Euros, they are expressed both with or without VAT, according to the country and kind of registration. The prices of the Services may be changed by Litostil from time to time.
The shipping costs for all the Products are charged to the user.
2. How to choose a product and purchase method
After the authentication, the users can select the Products as they are described in their relative sections. The users will select one item a time, personalizing it, adding the quantities in their own shopping cart. Some images may be for illustration purpose only, and they may vary from the delivered Products.
Unless the users choose images and pictures suggested by Litostil for some Products, once they have confirmed the budget and fulfilled the payment (except for the cash on delivery and bank transfer), the users will be asked to complete the order by downloading the content to print in the "Digital file dispatch area" .
The user is the only responsible for the correctness and control of the contents, script, graphics of the downloaded files.
At the end of the selection of your favourite articles, a form with the price per item and the total amount of all the Products and/o Services selected will be displayed on the screen.
3. Payment and uploading of contents
The customer may buy online Services and make payments, just following the purchasing procedure instructions, through credit cards ( Visa or MasterCard), via Paypal, through Bank Transfer or cash on delivery, as indicated in the Website.
Any information necessary to the payment will be submitted, by encryption protocols, to the bank that Litostil has entrusted for the remote electronic payment transactions: no third parties may have access to them.
Customers will pay in advance. Only after users have paid and uploaded the "standard " file, the production of the selected items will start.
For payments through Bank Transfer the production will start only after the executed payment will be transferred. Therefore the goods delivery should have a delay of 2 or 3 days, counting also the printing and shipping time. For Bank transfers it is required the number of the order in the payment description to track the transaction.
For cash on delivery payments, the order will directly pass to production as soon as the "standard " file will be uploaded. Invoice will be issued before shipping. Litostil reserves the right not to accept this method of payment, according to each single case. The user will be immediately acknowledged of the change in order to agree upon a different method of payment.
Invoice will be sent into a dedicated section of the customer reserved area. The customer will enter that area, print the invoice and save it in compliance with the regulations in force.
4. Liability of users for the loaded contents
The only subjects held liable for the selection of the contents and images to print, for the related authorization for their reproduction, if necessary, for the use of personal information of the customers, are the users. Litostil shall not control the contents unless related to the technical specifications and the graphical compatibility with each requests.
Litostil may be held liable neither for the non-authorized use of images by users nor for any kind of infringement of the third-party rights expressively granted.
The users shall release Litostil for any liability, shall indemnify and hold harmless it from and against third-party claims for intellectual propriety infringement, losses, expenses, damages to image, honesty, reputation and propriety, arising from the publication of images and contents uploaded by the users, or by the use of personal information.
Litostil shall block any order that implies a clear infringement of intellectual third-party propriety, libelous or violent contents, or contents against public order or decency.
5. Automatic control of loaded files
Litostil system automatiically controls whether the format, measures and resolution are compatible, controls the open fonts, the fonts and their converter into blueprint and the possible conversion of Pantone into the best profile for the required print.
6. Control Option of the loaded files through operator
On users' request Litostil shall control graphic aesthetic files specifications through the option "File Control" by an extra payment fee.
If you select this option, Litostil shall make: a graphic control of levels, templates layout, sheet "safe-area" margins, distance of the graphic elements from sheet margins, double sided print positioning, control of the pdf files for magazines and/or catalogues ( measures, spine, number of pages, file of the cover), control of the right graphic setting whereas the print folding is required.
Yet, the control system through operator of the loaded files does not consist of a thorough control of layout, spelling, or of the not printed pictures in magazines, catalogues or books.
7. Free reprint option
In case an error occurs during the creation of a document or if the product is not up to the users expectancies, the "Free Reprint" option grants the users a reprint in short time and without additional costs.
The "Free Print" option is valid only for the users living in Italy.
If they want to use this Free Print option, users must select it in the phase of the estimate of costs. The service is upon payment and it is valid for solely a reprint for each order.
Users can select their Free Print option in their own customer personal area within 6.p.m. on the third business day after goods delivery. To use the Free Print option you only need to send a new file. Once the Free Print option is activated, Litostil will send a courier to collect the unsatisfactory product the day following the request, at the same address of the previous delivery. Litostil will print the modified file, with the same characteristics of the previous order ( quantity, material, time of delivery, etc,) without additional costs within 72 hours from the upload.
8. Delivery and Shipping terms
Products will be delivered in the days selected by users in the phase of the estimate of costs. Delivery terms can be approximately calculated, as they depend on the shipping companies. In fact, they are evaluated starting from the fulfillment of the order: that means from the file uploading and the receipt of confirm. Delivery terms are valid on almost the whole nation. For the isles and the most far away areas two business days or more shall be added to the usual time.
The order may not be considered fulfilled until the user uploads the file and submits the payment.
If the file is a non-standard file and if it is not substituted within a fortnight, the order will be annulled and/or refunded.
Shipping and delivery will be within the terms selected in the estimate of cost, if the order is completed within 2.00 p.m. The receipts of files or confirms of payment, will be will be considered as uploaded in the following day.
Business days are considered from Monday to Friday except for 1/1, 6/1, 25/4, 1/5, 2/6, 15/8, 1/11, 8/12, 24/12, 25/12, 26/12, 31/12 and Easter Monday.
Litostil is not to be held liable for any damage occurred during shipping and delivery.
9. Right of withdrawal or "rethinking"
As a consumer, when you make a purchase of Products or Services, you may pursuant to the "Consumer Code", have the right to withdraw any contract without giving explanations, within 14 days.
The withdrawal terms expire after 14 days for a purchase contract: "during which you ,or a third party you have appointed, other than the courier, acquires the goods."
To exercise the right of withdrawal, You are compelled to inform about your intention to withdraw this contract through and express communication (e.g., letter sent via mail, fax or e-mail); or you can choose the form you will download from this link, or you may and personally write the withdrawal letter with the same content.
Communication may be sent to:
Litostil s.a.s., con sede legale in Fagagna (UD), via G.A. Pilacorte, n. 2.,
fax 0432 801241
To respect the withdrawal terms, you only need to send your communication related to the exercise of your withdrawal rights, before the withdrawal time expires.
If you withdraw from this contract, you'll be refunded by all the payments you have made in our favour, including shipping costs (except for the additional costs of the shipping you have chosen, other than the less expensive one we have offered), without undue delay within 14 days from your withdrawal communication. The abovementioned refunds will be paid through the same means of payment you have chosen for the first transaction, unless otherwise expressly agreed upon; in any case you may not pay anything else as a consequence of such a refund.
You are asked to return or deliver the goods without undue delay and not later than 14 days from your withdrawal communication. You will comply with the delivery term, if you send the goods before the expiring time of 14 days.
Once ensured that the returned product is undamaged , Litostil shall refund the whole paid amount to the Customer for the products, as in the Purchase Agreement/Contract, referred in the withdrawal letter, within 14 days from the receipt of the returned goods.
In case the returned goods are damaged, the Customer is liable solely for the decreased value of the goods caused by a customer's who has mishandle them in the attempt to understand the nature, features and functioning of the goods themselves, in compliance to the restrictions provided by art. 57, comma2, of the Consumer Code.
Goods Return shipping costs are at the users' expenses
In compliance with art. 65, comma III, D.Lgs n.206, 06.09.2005 (Consumer Code), Litostil may withhold the refund either up to the receipt of the Products or until the user proves that he/she has sent the Products.
Objections to the right of Withdrawal
The right of withdrawal, pursuant to art. fromnr 52 to nr. 58 of Consumer Code, for the remote sales contracts and the contract negotiations that are not fulfilled at the commercial premises, shall be lost as follows:
a) for services contracts after services rendered, if the execution of the order has started upon the express consent of the consumer and with the acknowledgment of acceptance of the loss of the rights of withdrawal whenever the professional shall fully execute the contract;
b) for the supply of goods and services, the price of which is linked to the fluctuations of the money market that may occur during the withdrawal period and that the professional may not control;
c) for the supply of customized or clearly personalized goods;
d) for the supply of perishable and limited life goods;
e) for the supply of sealed goods which have been opened after delivery and may not be returned due to hygienic reasons or to health protection.
f) for the supply of goods which, after the delivery appear indissolubly mixed due to their nature;
g) for the supply of alcoholic drinks, the price of which has been set at the signature of the sales agreement, which may be delivered only after 30 days, and the real value of it depends on the market fluctuations that the professional may not control.
h) for contracts for which the consumer has specifically required a visit by the professional to make necessary repair or maintenance works. If, during the visit, the professional provides non-required services or different spare parts needed for the maintenance or repairs, the right of withdrawal is applied to those supplementary goods or services;
i) for the supply of sealed audio, video recordings or sealed software which have been opened after delivery;
l) for the supply of newspapers, periodicals and magazines, except for the subscription contracts for the supply of the aforementioned publications;
m) for agreements signed during a public auction;
n) for business premises, shipping of goods, car renting services, catering services or services for the leisure time activities, if there is a specific term or execution time;
o) for the supply of digital content through a non material support, if the contract execution has started with the expressed consent of the consumer and with the acceptance of the possible loss of the right of withdrawal r.
10. Disclaimer - faults of products
Users shall not held liable Litostil for any kind of direct or indirect damage occurred by errors of any type and nature, in the printing of the file sent by the customer, except for willful misconduct or gross negligence.
In the case of printing faults not ascribable to the user, or to the delivery of a faulty or damaged item, Litostil shall solely and exclusively make only one reprint of the material.
On receipt of the goods the users have to examine them carefully. Faults of the delivered goods, printing and packaging errors, for which the users are not responsible, shall be reported to the courier or to the customer service as soon as possible. The users have to sign the receipt of the goods with a "subject to check" clause. The users shall make a report in the customer Personal Area, including a photographic documentation, if required, within 8 days from receipt of the goods.
Litostil shall do its best to answer your request within two hours.
11. PROTECTION OF PERSONAL DATA
When the contract is closed, the Customer, acting as the Holder, entitles Litostil, which accepts, as Personal Data controller of the Customer personal data (pursuant to General Data Protection Regulation - the "Regulation") art. 29 D.lgs. 196/2003).
The Holder appoints the Personal Data Controller, who accepts to make all the operations related to the collected data in particular: filing, processing, printing, mailing, and the exclusive treatment to fulfill the services of this Contract. The Personal data controller is entitled to process data, that are adequate, relevant and limited to what it is strictly necessary in relation to the purposes of the Contract. The personal data must be processed with lawfulness, fairness and transparency in compliance to the Law and the Contract.
The Holder expressly entitles the Personal Data Controller to choose third parties or suppliers to execute the Agreement. The Personal Data Controller shall appoint the external data controllers, by acting in the name and on behalf of the customer.
The Personal Data Controller, by undersigning this act, accepts the commitment and confirms to know and understand the obligations he/she shall take on related to the aforementioned Regulation. He / She commits to process the personal data fairly and lawfully for the only purpose to execute the entrusted assignment and ensures to have the adequate managing and economic capacity to treat the personal data in compliance with the Regulation.
This assignment Act will last as long as the Contract of which it is an integral part. The due payment, agreed upon form the two parties for the services of this Contract, includes the cost for the services ad Persona Data Controller.
12. LAWS AND COURT OF JURISTICTION FOR NON-CONSUMER USERS
This Conditions are subject to Italian Law.
For all the orders not submitted by subjects not considered "consumers", all disputes about the interpretation and/or execution of this contract, will be under exclusive jurisdiction of the court of Udine.
The EU consumers have to know that the European Commission has established an online platform to offer an alternative tool to solve disputes. This tool may be used by the European consumers to resolve disputes related to and/or arising from online sales contract of goods or services, not in court. Accordingly, but except for what aforementioned in this section 12, the user that purchases as a consumer may use the platform to resolve any disputes arising from the online contract with Litostil. The platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?evenet=main.home.show&Ing=IT.