GENERAL CONDITIONS OF PURCHASE EASYWRITE
• 1. INTRODUCTION
• 2 OUR DATA
The sale of products through this site is managed by D.M.P.K. d.o.o., with registered office in Ljubljana, Letališka cesta 16a, P.I.V.A SI24811998, REA No. 3631591000, share capital euro 7500, e-mail address email@example.com, contact details available in the “contact” section of this site www.easywriterally.com
• 3 YOUR DATA AND YOUR ACCESS TO OUR WEBSITEThe information or personal data provided by the user will be processed in accordance with the provisions of the Data Protection Policy. By using the website, you authorize us to process such information and personal data and declare that all information and / or data personal information provided to us are accurate and truthful.
• 4 USE OF OUR WEBSITE
By using this website and / or placing orders through it, you agree to: (i) use the website only to make legally valid consultations or orders; (ii) not to make false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities; (iii) provide us with your e-mail address, postal address and / or other contact details in a truthful and correct manner. In the same way, you consent to the use, by us, of this information to get in touch with you (if necessary, please read the Information on the Protection of Personal Data). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you guarantee that you are of age (from 18 years of age) and have the right legal to enter into binding contracts.
• 5 AVAILABILITY OF THE SERVICEThe site is available to anyone with internet access and who can reach the site (www.easywriterally.com), available in three languages Slovenian, Italian, English.
• 6 PROCESSING METHODS FOR THE CONTRACTThe information referred to in these Terms and details contents on this website do not constitute an offer to the public, but a mere invitation to formulate a contractual proposal. There will be no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and a debit has already been made to your account, the amount of the same will be returned to you in full. To place an order, you must follow the online purchase process and click on “Authorize payment”. Subsequently, you will receive an e- mail confirming the receipt of your order (the “Order Confirmation”). It is understood that this will not imply acceptance of your order as it constitutes an offer you make in the our comparisons for the purchase of one or more products. All orders will be subject to our approval which will be informed by sending an e-mail confirming that the order is being shipped (the “Confirmation of Shipment”). The order details will be summarized in the electronic receipt attached to the Shipping Confirmation. (the “E-Ticket”). The contract for the purchase of a product between us and you (the “Contract”) will be considered concluded only when we send you the Shipping Confirmation. The contract will only cover the products indicated in the shipping confirmation. We will have no obligation to supply you with any other product that has not been ordered until it is confirmed in the Shipping Confirmation that this product has been shipped.
• 7 AVAILABILITY OF PRODUCTS
All product orders are subject to their availability. In this sense, in case of supply problems, or if there are no items in stock, we reserve the right to provide you with information relating to replacement products of equal or higher quality and value, which you may decide to order. If you do not wish to place an order for these replacement products, we will reimburse you for any amounts already paid by you.
• 8 REFUSAL TO PROCESS AN ORDERWe reserve the right to remove any product from this website at any time and / or to delete or modify any material or content thereof. Although we will always do our best to follow up on all orders, there may be exceptional circumstances that force us to refuse to process orders after sending the Order Confirmation, and we reserve the right to do so at any time. We decline any responsibility towards you or towards third parties for the removal of any product from this website, for the elimination or modification of any material or content on the website, or for failure to process the order after sending the Order Confirmation.
• 9 DELIVERY
Without prejudice to the provisions of the previous article 7 e Except where extraordinary circumstances occur, we undertake to do everything in our power to send the order of the product / s indicated in the relevant Shipping Confirmation by the date indicated in that Shipping Confirmation or, if not specified no delivery date, within the deadline estimated at the time of selecting the delivery method and, in any case, within the maximum term of 30 days from the date of the Order Confirmation.
If for any reason we are unable to meet the delivery terms, we will inform you and give you the options to continue the purchase by setting a new delivery date, or to cancel the order, with the consequent refund of the full amount paid. . Please note that no home deliveries are made on Saturdays and Sundays. For the purposes referred to in these Conditions, the “delivery” will be deemed to have taken place or the order “delivered” by the acquisition, by you or a third party indicated by you, of the material availability or in any case of the control of the
products, which will be proven by signing the order receipt at the agreed shipping address.
• 10 PASSING OF THE RISK AND PROPERTY OF THE PRODUCTS
The risks relating to the products will pass to you from the moment of their delivery. You will acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in article 9 above), if this occurs later .
12. PRICE AND PAYMENT12.1 Price
The price of the products will be the one indicated from time to time on our website, except where there is
an obvious error. Although we are
committed to doing everything in our power to ensure that all prices that appear on the site are correct, errors may occur. If we find errors in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the right amount or to cancel it. If we are unable to get in touch with you, the order will be canceled and the full amount paid will be refunded. We will not have the obligation to provide you with the product (s) at the lower price incorrectly indicated (even if we have already sent you the Shipping Confirmation) if the error in the price was obvious and unequivocal and therefore if it had been possible for you to identify it reasonably as wrong. The website prices are inclusive of VAT, but exclude shipping costs, which are to be added to the total amount to be paid, as indicated in our Purchase Guide – Shipping Costs. Prices can change at any time; however (except where previously established) possible changes will not affect the orders for which we have already sent an Order Confirmation. Once the items you intend to purchase have been selected, these items will be added to your cart and the next step will involve completing the order and paying. To this end, you must follow the instructions for the purchase, entering or verifying the information requested at each step of the purchase process, requesting the issuance of the invoice, if desired, as indicated in our Purchase Guide.
In addition, you can change the details of your order at any time of the purchase process before payment. You can find a detailed description of the purchase process in the Purchase Guide. Furthermore, if you are a registered user, a list of all your orders will be available in the “My account” section.
You can pay with Maestro, Visa, Mastercard, American Express and PayPal. Once we receive your order, we will pre-authorize your credit card to make sure it has sufficient funds to complete the transaction. The charge on your card will be made when your order leaves our warehouses. If the chosen payment method is PayPal, the charge will take place at the moment of the order confirmation phase.
We inform you that the payments made through this online platform, as well as, if necessary, the refunds in your favor, will be managed, on our behalf, by the company. By clicking on “Authorize Payment” you will confirm that the credit card is owned by you. Credit cards will be subject to verification and authorization by the issuer of the same, but if this entity does not authorize the payment, we will not be responsible for any delay or non- delivery and we will not be able to complete any Contract with you. Payments and orders via electronic devices. During the purchase process, before finalizing the payment, in accordance with the general conditions of purchase, you can modify the details of the order. You will then have to choose your preferred payment method. Please remember that the order will be binding according to the procedures for completing the Contract referred to in these Conditions. Payment can be made by Maestro, Visa, Mastercard or American Express and Paypal will apply the provisions described above regarding the validation checks and authorization of the cards.
13. PURCHASE AS A GUEST
The function of purchasing products as a guest is also available on this site. With this purchase method, you will only be asked for the data that are essential to process your order. Upon completion of the purchase process, you will be offered the opportunity to register as a user or to continue as an unregistered user.
14. VAT (VALUE ADDED TAX)
In accordance with current legislation, any purchase made through the website will be subject to Value Added Tax (VAT).
15. RETURNS / EXCHANGE POLICY
15.1 Right of withdrawal by law Right of withdrawal If you are contracting as a consumer, you will have the right to withdraw from the Contract within a period of 14 days without giving any reason. The withdrawal period referred to in the previous paragraph ends after 14 days starting from the day on which you, or a third party, other than the carrier and designated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order or Mixed Orders and delivered separately, ends after 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last good. To exercise the right of withdrawal, you must inform us by writing to by sending an email to firstname.lastname@example.org by entering your order number. To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal If you withdraw from the Contract, you will be reimbursed for all the payments you have made in our favor, not including delivery costs, without undue delay and in any case no later than 14 days from the day on which we have been informed of your decision. to withdraw from the Contract. These refunds will be made using the same payment method you used for the initial transaction. In any case, it will not incur any costs as a consequence of this refund. Without prejudice to the foregoing, the refund can be suspended until the goods are received or until your demonstration has been sent back, if previous. The deadline is met if you send back the goods before the expiry of the 14-day period. You are only responsible for the decrease in the value of the goods resulting from a manipulation of the property other than that necessary to establish the nature, characteristics and functioning of the goods.
15.2 Conventional right of withdrawal
In addition to the right of withdrawal recognized by law to consumers and users referred to in article 15.1) above, we will grant you a term of 30 days from the date of receipt of the Shipping Confirmation to return the products ( except for the products indicated in article 15.3 below, for which the right of withdrawal is excluded). If you return the products within the period for exercising the conventional right of withdrawal but after the expiry of the term for exercising the right of withdrawal by law, you will be reimbursed only the amount paid for these products.
You may exercise your right of withdrawal in accordance with the provisions of article 15.1 above, it being understood that if you inform us of your intention to withdraw from the Contract after the deadline for exercising the right of withdrawal by law, you must, in any case, deliver us the goods within 30 days from the date of receipt of the Shipping Confirmation.
15.3 Common provisions
You cannot exercise the right of withdrawal from the Contract which has as its object the supply of one
or more of the following products: 1. Personalized items. 2. Music CDs / DVDs, without the original wrapping. 3. sealed goods which are not suitable for return for hygienic reasons and have been opened after delivery. Your right of withdrawal from the Contract will be applied only to those products returned in the same conditions in which you received them. We remind you that in case of return, you are responsible for content of the package subject to return. No refund will be made, regardless of the return options you have chosen if: i) the package received contains an incorrect item and / or different from the product object of the order or to be returned, ii) the product has been used in addition to the simple
opening and ii) the products are not
in the same conditions in which they were delivered or if they have been damaged: we invite you, therefore, to pay attention in the return operations and to take care of the products as long as they are in your availability and possession. Please return the item by using or including the original wrapping, instructions and other documents, if any, that accompany the products in the package. You can return the product by delivering it to a forwarder / courier that we will send to your home, as better specified below. None of these methods of return will entail any additional cost against you. In the event referred to in letter i) above, that is, in the event of an error in the content of the package you have returned, we will
be authorized to charge you for the
transport costs in the event that it is possible to manage and return the package received to your attention. Returns by shipper / courier You must contact us using the return request form to allow us to organize the collection at the address of residence. You must return the product in the wrapper and package in which you received it, following the instructions in the section “REFUNDS” of this website. If you purchased the products as a guest, you can request the collection by courier sent us an email to email@example.com. If for the return of the products you prefer not to take advantage of the free options available, the return costs and the risks associated with the transport you have chosen will be borne by you without any responsibility or obligation in this regard by Easywrite. In this case, you must return the product together with the E – Ticket that you will have received with the Shipping Confirmation. . After evaluating the conditions of the article, we will inform you if you will be entitled to a refund of the amount paid. Shipping costs will be refunded if the right of withdrawal is exercised within the deadline and all products covered by the same delivery are returned. The refund will be made as soon as possible and in any case within 14 days from the date on which we announced the intention to withdraw from the Contract. Without prejudice to the foregoing, the refund can be suspended until the goods are received or until your demonstration has been sent back, if previous. The refund will always be made through the payment method used to make the purchase. If you have chosen to make the return through the courier organized by us, you will have to return the item in the wrapper and in the package in which you received it, following the instructions in the ” Orders and Returns’ section of the website.
15.5 Return of defective or non- compliant products
If you believe that at the time of delivery, the product does not comply with the provisions of the Contract, you must immediately contact us by email firstname.lastname@example.org or through our customer support channels indicated on our web page, indicating the product data as well as the damage suffered, and we will inform you of the procedure to follow. To allow us to verify the item, you must return it to the address indicated in the electronic document received by e-mail together with the Shipping Confirmation.
We will proceed to carefully examine the returned product and we will notify you in a reasonable time of the outcome of the checks carried out on the goods. In case of lack of conformity of the goods, we will offer you the replacement of the product or a refund (depending on the case), unless otherwise requested, provided that objectively possible and / or not excessively burdensome for us pursuant to the applicable legislation. The reimbursement of the sums or the replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we have confirmed that we will proceed with the reimbursement or replacement of the unsuitable item, at no charge to you. The amount paid for products that will be returned due to damage or defect, if they actually exist, will be refunded in full, including the delivery costs incurred for sending the item and for the return by you. The refund will be made through the payment method used to make the purchase. All rights recognized to consumers by current legislation remain unaffected.
15.6 Right of withdrawal and return of orders made from abroad If you have placed an order outside Italy, from another EU Member State, through this website, the provisions contained in articles 15.1, 15.2, 15.3 and 15.4 will be applicable, except for the provision relating to the courier from we in charge, applicable only in the event that the withdrawal is made from the original address in Italy. We also inform you that under no circumstances or circumstances (with the exception of clause 15.5, not applicable to this article) are we required to bear the shipping or return costs for sending products to or from destinations other than the original address in Italy.
17. LEGAL WARRANTY
The products sold through this website are supported by the statutory legal guarantee in favor of consumers, to cover any conformity defects existing at the time of delivery of the goods. The legal guarantee covers any conformity defects of the goods that should occur within the term of two years from the relative delivery, provided that reported within two months from the discovery of the lack of conformity. According to the applicable legislation, a lack of conformity exists if the product you purchased (i) does not conform to the description provided and does not possess the qualities presented on this website; (ii) is not suitable for the use for which the products
are normally intended; (iii) does not
present the qualities and characteristics of a product of the same type and which can reasonably be expected, taking into account the nature of the asset and, if applicable, the specific characteristics presented. Within the limits established by law, we exclude all additional and derogable guarantees, except for those that cannot be legitimately excluded towards consumers and users. In the event of a lack of conformity, you have the right to restore the conformity of the goods, at no cost to you. If you believe that one or more products purchased have defects of conformity, please contact us at the references indicated on our website.
18. LIABILITY AND DISCLAIMER
Except where otherwise provided in these Conditions, the Our responsibility for the products purchased on our website will be limited solely to the purchase price of the product in question. Without prejudice to the foregoing, our liability is not excluded or limited in the following cases: 1. Cases of death or personal damage deriving from our negligence; 2. Cases of fraud or fraudulent activity; or 3. Any circumstance in which it is illegal or unlawful for us to exclude, limit or try to limit or exclude our liability. Without prejudice to the provisions of the previous paragraph and to the extent that it is permitted by current legislation, and except where otherwise provided in these Conditions, we will not accept any
liability for indirect damages, such
as: i. loss of profit; ii. loss of turnover; iii. loss of earnings or loss of contracts; iv. loss of anticipated savings; v. data loss; and vi. waste of office administration time. Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless the contrary is expressly stated. These provisions do not in any way limit the rights recognized to consumers by current legislation.
19. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, registered trademarks
and any intellectual property rights
on the materials or content presented as an integral part of the website are owned by us and by those who have granted us license for their use. You will only be able to use this material
in the ways in which you will receive express authorization from us or from those who have granted us license for their use. This will not prevent you from using this website to the extent necessary to copy the information about your order or contact data.
20. VIRUSES, PIRACY AND OTHER IT ATTACK RISKSIt must avoid any misuse of this site as well as avoid the introduction of viruses, troyan horses, worms, logic bombs or other programs or materials that may cause technological damage. If unauthorized, you will not have to access the website or the server where it is hosted or other servers, computers or databases related to our website. It undertakes not to perpetrate DoS attacks against this website. Failure to comply with this clause could result in violations defined by the relevant legislation. In case of non-compliance with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the attack perpetrated. Likewise, in the event of non-compliance with this Article, you will be immediately withdrawn from the authorization to use the website. To the maximum extent permitted by applicable legislation and in compliance with the fundamental rights of consumers, we decline any responsibility in the event of any damage or loss resulting from a DoS attack, virus or other program or materials that could cause technological damage to your computer, IT equipment, data or materials following the use of our website or the downloading of content from it or which redirect the user to it.
21. LINKS FROM OUR WEBSITE
If our site contains links to other pages or materials third parties, these links will be provided for informational purposes only, without our control over the content or materials contained on these pages or sites. Therefore, we decline any responsibility in case of any damage or loss resulting from their use.
22. WRITTEN COMMUNICATIONS
The applicable legislation provides that part of the information
or communications that we send you are in written form. In using this website, you agree that most of the communications exchanged with us are in electronic format. We will contact you by e-mail, or by providing you with information by arranging specific notices on this website. For contractual purposes, you consent to this electronic means of communication acknowledging that all contracts, notices, information and other communications that we will provide you electronically will comply with the legal requirement that provides for such communications in written form. This provision does not in any way limit the rights recognized by current legislation.
All communications addressed to us should preferably be sent through the customer support channels indicated in the ” contact ” section of our website. Except as specified in article 22, we reserve the right to send you any communications by e- mail or by post to the address provided to us when submitting the order. The communications will be considered as received and properly notified respectively when entered on our website, 24 hours after sending an email, or three days after the date of shipment. To demonstrate the notification of a communication, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, franked and delivered to the postal service and, in the case of an e-mail, that it was sent to the e-mail address. recipient’s email.
24. ASSIGNMENT OF RIGHTS AND OBLIGATIONSThe Agreement between you and us is a winner for both you and us, as well as for our respective successors and assignees. This is the prohibition on transferring or assigning the Contract in any way, or any right or obligation deriving from it, without our prior written consent. Have the right to transfer, assign, sub-apply or freely assign in any way and at any time of the Contract, or any right of obligation deriving from it. A avoidance of misunderstandings, any transfer, assignment, subcontracting or other acts of provision of the Liability Agreement offered by us, explicitly or implicitly.
25. FORCE MAJEURE
We will not be liable in any way for failures or delays in the performance of any of the obligations under the Contract caused by events that are beyond our reasonable control (“Force Majeure Events”). Force Majeure Events means any act, event, failure to occur, omission or
accident beyond any reasonable control; this expression includes by way of example but not limited to the following: 1. Strikes, lockouts or other union unrest. 2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared and otherwise), or threats of war. 3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters. 4. Impossibility of using railways, sea, air, motor transport or other means of public or private transport. 5. Inability to use public or private telecommunication networks. 6. Acts, decrees, laws, regulations or restrictions of any government. 7. Any strike, disaster or maritime, postal or other relevant form of transportation. It is understood that the execution of the obligations under the Contract will remain suspended for the duration of the Force Majeure Events. We will be granted an extension for the execution of the Contract equal to the duration of this period. It is understood that, despite pending Force Majeure Events, we will endeavor to find a solution by which to fulfill our contractual obligations.
Should we fail, during the execution of the Contract, to claim the exact fulfillment of any of your obligations, or any of the obligations under these General Conditions, or again, we would fail to exercise any of the rights or actions to which we are entitled pursuant to the Contract or these General Conditions, this will not constitute a waiver of such rights or actions and will not relieve you of the fulfillment of the related obligations. One of our eventual tolerance in the face of your default will not constitute any renunciation to react in the face of a subsequent default. No waiver by you with respect to any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing, in accordance with the provisions of the previous articles 22 and 23.
27. PARTIAL NULLITY
If any article of the General Conditions, or part of it, or any of the provisions of the Contract, should be deemed invalid, illicit or inapplicable by the competent authority, this article, clause or provision will be considered as not affixed while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
28. INTEGRITY OF THE CONTRACTThese General Conditions, as well as any document expressly referred to in them, represent the entire agreement between you and us regarding the subject matter of the Contract and replace any previous agreement, understanding or agreement between us, whether oral or written . We both acknowledge that, in signing the Agreement, neither you nor we have relied on any representation, commitment or promise made by the other party, or deducible from what was said or written during the negotiations prior to the Contract, but only on what expressly stated in these Conditions. Both you and us will have the right to remedy any false declarations made by the other party, either orally or in writing, prior to the date of each Contract (unless such a false declaration has been made maliciously) and the only actions that the other party may take will be for violation of the Contract, as provided in these Conditions.
29. RIGHT TO MODIFY THESE TERMSWe reserve the right to review and modify these Terms at any time. You will be subject to the General Conditions in force at the time of the order, unless a modification of the General Conditions or of the Data Protection Policies must be made pursuant to the law or at the request of a governmental authority (in which case it will also apply to orders already sent to us).
**** 30. APPLICABLE LAW AND JURISDICTION *****
Purchase of our website and product purchase contracts through this website are governed by Slovenian law. For any controversy deriving or relative use of the website or such contracts, in case of judicial action, the Judge will be competent. If you are entering into the Contract as a consumer, this clause does not in any way affect the rights that the law reads you as a consumer. *****
31. REQUESTS, COMPLAINTS
AND EUROPEAN PLATFORM FOR THE RESOLUTION OF ON- LINE DISPUTES WITH CONSUMERS (ODR)
For any comments, suggestions, requests for information or complaints, please contact us through the customer support channels indicated on our website. our customer service will handle requests and complaints received in the shortest possible time and, in any case, in compliance with the legally established terms. If as a consumer you believe that your rights have been infringed, you can address your grievances to us by hiring e-mail email@example.com in order to solicit an out-of-court settlement of disputes. 524/2013 of the EU we inform you that you have the right to request an out-of-court resolution of disputes relating to orders using this website through the European platform ODR (Online Dispute Resolution) http: / /ec.europa.eu/ consumers/odr made available by the European Commission for the out-of-court resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals. *** **** *** Last update: 04/06/2020 with the costs and risks of returning the products, as indicated above.