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CastExtrusion

Terms and conditions

1. Subject of the Contract

Subject of this contract between the company CastExtrusion Packaging Machinery S.r.l.s. with registered office in Via Alessandro Manzoni, 2 – 20015 Parabiago (MI), VAT number 11449210969, Rea code MI – 2603813, (hereinafter “CastExtrusion”), in the person of its legal representative Gianluca Mirabelli, tel: +39 0294752570, fax: +39 0294752571, e mail: info@castextrusion.it, pec: castextrusion@unapec.it.

and any natural person, legal entity and/or individual enterprise (hereinafter referred to as “Customer” or “Consumer”) having as their object tangible movable property (hereinafter referred to as “Products” or “Goods”) displayed on castextrusion.com (hereinafter referred to as “Site“).

The contract is governed by the Consumer Code (D.Lgs. n. 206/2005) and by the rules on electronic commerce (D.Lgs. n. 70/2003) and applies to sales concluded through the issuance of a purchase order by the Customer directly online, according to the procedure provided on the Site. The contract can also be applied, in the points relating to the legal obligations and rights of the Consumer, to any orders placed by the Customer through other channels, such as email, telephone or in person at the offices of CastExtrusion.

2. Pre-contractual Information

The Customer, before the conclusion of the purchase, takes vision of the characteristics of the goods and declares to have been informed in relation to:

  1. the price of the products with details of shipping costs, VAT and other taxes if applicable, and any other cost;
  2. payment method;
  3. conditions, terms and procedures for exercising the right of withdrawal;
  4. warranties;
  5. applicable law and jurisdiction.

The submission of the purchase order implies full knowledge and express acceptance by the Customer of these General Conditions. The Customer is required to verify with the utmost care and attention the correctness of his data contained in the purchase confirmation and to communicate to CastExtrusion, within and not later than 24 hours, their possible correction. CastExtrusion is in no way responsible for errors made by the Customer. The Customer, if a natural person, placing an order through the Site, declares that he/she is 18 years of age or older and has the legal capacity to enter into binding contracts. It is forbidden to enter false and/or invented names in the order process and further communications to CastExtrusion, which reserves the right to prosecute any violation and abuse.

3. Order

The Customer who places an order expresses his wish to purchase one or more products for which he will make the payment. Personal data communicated for payment will be processed by CastExtrusion in order to follow up on the order request and the relative invoicing, with the exception of data concerning the payment of the consideration for the goods purchased, which will be communicated directly to the electronic payment system made available by the banks used by CastExtrusion to allow economic transactions. Under no circumstances will CastExtrusion be held responsible for any fraudulent use of a payment method. Once the order has been placed, CastExtrusion will send the Customer an order confirmation via email, containing a summary of the information.

4. Sale Price

Unless otherwise indicated, the sale prices of the products are expressed in Euro (excluding VAT and to be applied on the basis of the country of destination and on the basis of international regulations in force) net of CONAI contribution. Prices are subject to updates. The Customer is invited to check the final price before placing the order. Shipping costs, unless otherwise indicated, are not included in the price of products and will be calculated based on weight, bulk, any optional insurance and destination of the goods.

5. Payment Methods

The payment methods accepted for online orders are bank transfer and credit card. For payments by card, CastExtrusion relies on the Stripe circuit. The data and communications relating to the payment take place on special secure lines and with all the guarantees provided by the use of security protocols provided by electronic payment circuits. To take charge of an order, is first required to pay for the products, or you require an advance payment that, in the case of payment by card, is at the time of the order, while in the case of the transfer is the crediting of the amount agreed on the bank account of CastExtrusion. The shipment will be organized upon receipt of payment.

6. Consumer Right of Return

  1. Without prejudice to the exceptions referred to art. 59 of the Consumer Code, the customer c.d. Consumer has a period of 14 days to terminate the contract, without having to provide any reason. Without prejudice to art. 53 of the Consumer Code, the withdrawal period ends after 14 days:
    • A) in the case of a contract for services, from the day of conclusion of the contract;
    • B) in the case of sales contracts, from the day in which the Consumer or a third party (other than the carrier and designated by the Consumer) acquires physical possession of the goods or 1) in the case of multiple goods ordered by the Consumer through a single order and delivered separately, from the day in which the Consumer or a third party (other than the carrier and designated by the Consumer) acquires physical possession of the last good; 2) in the case of delivery of a good consisting of multiple lots or pieces, from the day in which the Consumer or a third party (other than the carrier and designated by the Consumer) acquires physical possession of the last lot or piece;
    • C) in the case of contracts for the periodic delivery of goods during a certain period of time, from the day on which the Consumer or a third party (other than the carrier and designated by the Consumer) acquires physical possession of the first good.
  2. Before the expiry of the withdrawal period, the consumer must inform CastExtrusion of his decision by sending a fax to +39 0294752571 or a  pec to castextrusion@unapec.it or a registered letter with return receipt to CastExtrusion Packaging Machinery S.r.l.s. with registered office in Via Alessandro Manzoni, 2 – 20015 Parabiago (MI); the expenses for the return of the goods (as well as all the risks of the relative transport) will be totally at the Consumer’s charge. CastExtrusion will communicate the address where to deliver the returned goods once it has received the request from the Consumer.
  3. All returns made after the terms legally valid for the right of withdrawal must be previously and expressly authorized in writing by CastExtrusion.
  4. Pursuant to article 57 of the Consumer Code, the Consumer must return the goods to CastExtrusion without undue delay and, in any case, within 14 days from the date on which he communicated to CastExtrusion his decision to withdraw from the sales contract; the deadline is met if the Consumer returns the goods before the expiry of the 14 day period.
  5. In case of valid and timely exercise of the right of withdrawal by the consumer, pursuant to art. 56 of the Consumer Code CastExtrusion will refund the payment within 14 days of the request by bank transfer or credit card refund.
  6. In accordance with paragraph 3 of Article 56 of the Consumer Code, CastExtrusion reserves the right to withhold the refund until it has received back the goods.
  7. The goods must be returned in the same condition in which the consumer has received, complete with all its elements, with the original packaging and any manuals attached, and without it having been used, CastExtrusion reserves the right not to accept the return of products where they have been altered in their essential characteristics and / or quality or if they have been damaged: in this case, CastExtrusion will return the goods to the consumer, charging to the latter the shipping costs.

7. Shipping and Delivery

The Customer can decide whether to personally take care of the collection of the ordered goods or to rely on the modalities offered by CastExtrusion, that is, the shipment of goods through specialized carriers. Delivery times are those indicated at the time of purchase and the number of days indicated refers only to working days, excluding holidays. CastExtrusion will inform the Customer of any variations in delivery times via e-mail. CastExtrusion will not be responsible for any delays caused by incorrect information provided by the Customer, such as the delivery address. The goods, unless otherwise agreed, will always travel on behalf of and at the risk of the Customer. Therefore, unless otherwise agreed, CastExtrusion is not responsible for deterioration, damage, delays, fines or other damages of any kind that may occur during transport.

Upon delivery of the goods, the Customer shall check, in the presence of the carrier, that:

  1. the quantity and type of products ordered correspond to what is indicated in the transport document;
  2. the packaging used for transport is intact, undamaged or otherwise altered, even if only in the closing materials.
  3. the quantity and type of products delivered correspond to what was ordered.

In the event that the package shows obvious signs of tampering or alteration, the Customer must notify CastExtrusion within the next 24 hours by sending an email to info@castextrusion.it or by phone at +39 02 94752570.

8. Legal Warranty

To the contract the dispositions of the Code of the Consumption are applied in subject of guarantee of conformity of the sold goods. This is a legal guarantee, which means that it is always recognized to the consumer and, therefore, can not be excluded or limited. Also in the case in which the defect is attributable to the producer, it always concerns the relationship between consumer and seller. The legal guarantee has a duration of two years and this duration starts from the delivery of the good; the action directed to assert the defects not maliciously hidden by the vendor is prescribed in any case in the maximum term of 26 months (24 months plus 2 from the discovery) from the delivery of the good.

9. Customer Care

For any support request, Customers may contact CastExtrusion by sending an email to info@castextrusion.it  or by phone at +39 02 94752570.

10. Processing of Personal Data

Customer data are processed by CastExtrusion in accordance with the current legislation on the protection of personal data, as reported in our privacy policy.

11. Applicable law and dispute resolution

This Agreement shall be construed in accordance with Italian law. The parties mutually acknowledge that alternative forms of dispute resolution are available.

In particular, the consumer can submit a complaint to the  ODR Platform which is an interactive website managed by the European Commission through which consumers and professionals in the European Union can attempt to resolve out-of-court disputes arising from contracts for the sale of goods and services concluded online. Link: ec.europa.eu/consumers/odr.

For disputes relating to consumers is exclusively competent court of the place of residence or domicile of the consumer.

Are in any case subject to the mandatory provisions in force in the state of residence of the consumer.

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