TERMS AND CONDITIONS OF SALE

For the purposes of these Conditions of Sale “Packly“ expression will always indicate PACKLY SRL, with registered of ce at Via A. Vespucci, snc Campochiaro (CB) Italy - Tax registration number IT 01655050704
Purchases made on www.pack.ly are regulated by the following conditions (the “Conditions“).
When you register to Packly, you agree without any limitation or reservation these Terms and Conditions.

Packly is www.pack.ly owner of the site (the “Site“).


1. TERMS AND CONDITIONS
  • 1.1 The moment you access the site and use the services offered by it is necessary to accept without reservation the general terms and conditions therein. The latter are in all contract binding effects between Packly and the user, who is committed to respect them. The lack of acceptance of the above general terms and conditions will make it impossible for the user to use the services or products offered by the company. Any exceptions to these conditions will be effective only if formally agreed by both parties and is limited to orders that is referred to.

  • 1.2 To be able to use the services offered by the web platform you need to register and be willing to disclose information, for example: personal data, e-mail address, etc., required by Packly, necessary to meet the performance required. You agree to notify complete and truthful information.

  • 1.3 Packly exercises the power to make changes, even in part, at any time and without notice, to their sites, the nature of the service and the general conditions of sale. Any changes made will not have any effect on contracts already concluded. They, therefore, invite all those who use the services offered by Packly to know our general conditions of sale at any access to the site www.pack.ly


2. TECHNICAL FEATURES OF THE PRODUCTS
  • 2.1 Packly is committed to making, by computer, a display of the product and / or service selected based on the entered sizes, thicknesses and technical characteristics of its products and / or services; however the viewable data electronically examples shown. You may not rely on any differences between the colors and other data displayed on the screen and the colors and features of actually delivered products. Packly also reserves the right to correct at any time and without notice the technical or construction data of its products in order to increase the functionality.

  • 2.2 Packly is not responsible for product uses not previously agreed and / or purely stated.


3. CONDUCT OF USE OF
  • 3.1 With the acceptance of these terms and conditions you agree to responsibly use the site, through the uploading of content and / or images to be viewed and printed making sure you have the permissions to their reproduction if necessary. Packly not proceed with the intellectual property verification of contents, images or brands .
    The products created through the use of the site should have content that meets the present legal framework, ie respectful of the laws and regulations even local, as well as the rules on import and export.

  • 3.2 Packly reserves the right to control at its sole discretion, at any time and without notice, the content used by the user and associated with images, text, graphics, in order to assess the lawfulness. You agree therefore that Packly can decide to discontinue at any time the performance of his own against him when he must have used the same unwanted content and deemed illegal or otherwise contrary to these general conditions.

  • 3.3 There is, at the end of Packly, any obligation to monitor the lawfulness of the content used by the user, which assumes fully and exclusively any liability which may have originated from the use, the site, the content contrary to law . Packly, meaning it also its directors, employees, officers and affiliates are not, under any circumstances, be held responsible in relation to legal action and / or disputes that may derive from misuse or incorrect content on the site, through the means that the same offers.


4. ORDERS AND SHIPPING
  • 4.1 The order to purchase a product on the site is effective only with the dispatch to the customer, by Packly, the order confirmation. The order is received by this company always with the clause ”subject to the approval of the house”.

  • 4.2 Packly reserves the right to proceed to the partial delivery of products ordered, if it proves impossible to comply fully with the order, provided that the fulfillment is still of use to the customer. Packly undertakes in this case to reimburse the user for higher remuneration paid. It retains the right to provide for the delivery of goods through multiple partial shipments if circumstances or technical difficulties of any kind so require.

  • 4.3 Packly creates products using the graphics files sent by users. Order must be considered not completed until the receiving of the payment and, if required, of the user's printing file upload. These files must be sent through the formats shown in printing files guideline and must refer to the therein listed requirements. An high-quality printing file cannot be guaranteed if such required features are not followed. Hence, customer is supposed to accurately check files before sending them, since Packly does not verify orthography or placement of elements or similar ones.

  • 4.4 Packly is not bound to any controls or checks for errors, omissions or defects in the data transmitted by the client and printed. Packly will only check file technical features and graphic correspondence with the required specifications. However, data provided by the customer (eg. Images, text, etc ...) are indicative and therefore changeable and / or integrated for technical reasons Packly, without prejudice to the functional characteristics of the final product. It retains the right, for Packly, to refuse or cancel orders already finalized contracts, where the opposition is detected under the conditions specified in 3.1. of these conditions.
    Customer will assume responsibility for possible mistakes that could follow after the production of a wrong printing file, due to the non-compliance, by the user, with the print requirements shown in the guideline

  • 4.5 The moment an order is placed, you warrant, to be in possession of all the necessary permissions and rights to 'use, transmission and dissemination of data and images sent to Packly, for the next printing, with specific reference the content of texts and images transmitted.

  • 4.6 The supplies are made free of carriage, the modes of transport chosen by Packly. Packly ships worldwide, except for those countries subject to specific restrictive measures and sanctions. The shipment of the product will be carried out at the address indicated in the purchase order, in the end of days chosen by the user. For the calculation of delivery times, you will have to consider, from the time of payment, only weekdays, with the exception of weekends and public holidays, designated as such by law.

  • 4.7 Delivery times are not considered as essential. And 'Packly not liable for loss and / or damage, occurred in respect of any delivery delays due to ordinary activities or inevitable, as due to force majeure or unforeseeable circumstances. In the case of impossibility, Packly reserves the right to terminate the contract by giving timely notice to the customer.
    Any responsibility Packly, given the non-essentiality of the terms of delivery, may be invoked only where the non-compliance of the same, is due to willful misconduct or gross negligence of Packly.

  • 4.8 The transfer of risks for the products takes place when the product is delivered to the carrier. In the case of the consumer concerned, in compliance with art. 3, letter. A Decree. N. 206/2005, the transfer of risks will take place when the goods are delivered to the customer. The delivery must be understood also perfected in case of delay in collection by the recipient. Failure to collect the goods does not in any case entitled to a refund of the price paid; the costs in this case will be charged to the customer, also in relation to the forced stay of the goods and / or its case.


5. PRICES AND PAYMENT
  • 5.1 The price charged to the products is the one in force at the time (date and time) in which is placed the purchase order. Prices are quoted in Euros and are intended net of VAT and any taxes, fees and taxes of any kind applicable to the contract, which are paid entirely by the customer. They are, also, to the buyer the costs of shipping and any additional costs.

  • 5.2 Payment for goods, in its entirety, must be concurrent order, by credit card, PayPal or bank transfer. Acceptance of the order will take place when Packly will have confirmation of the crediting of the amount in his favor. To this end, the company reserves the right not to accept any order in the absence of regular and effective payment; in which case it will automatically cancel the order and inform the customer.

  • 5.3 The sending of invoices will take place exclusively via e-mail, at the address indicated by the customer in the purchase order. When ordering, the customer is invited, therefore, to check the accuracy of your e-mail address.


6. PROPERTY
  • 6.1 To run Packly order must be able to use any content transmitted or stored on their site. To this end, we recognize Packly the right to make a copy of the received data, to provide, change, transmit, create derivative products and to distribute what you sent, without limitations in relation to the times and to the subjects. The customer retains ownership of the only broadcast content, ensuring that it does not violate any rights of trademark ownership or any other rights headed by third parties. We obliged, therefore, to indemnify Packly, by any action taken by third parties who consider themselves wronged in their rights.

  • 6.2 All the contents on the web platform are owned by Packly and copyright protected or covered by third parts licensed copyright. Therefore, it’s strictly forbidden to the customer to make copies, distribution, storage of content on the site; if such a ban is not observed, it shall be the sole responsible for any infringement of third party rights.

  • 6.3 Each model is manufactured or used for the production of products is the exclusive property of Packly. The moment the customer has the availability, it is strictly forbidden to use them or copies for the benefit of third parties, with a requirement to return to Packly, at its request.

  • 6.4 Unless otherwise agreed, Packly is not obligated to return the file provided by the client, which has been availed for the realization of the required product. Prerequisite for their storage is the formal agreement with the customer, with the right for Packly, to request a fee for the conservation service.


7. WARRANTY
  • 7.1 Upon delivery, the customer has the ultimate responsibility for the external casing integrity. Any delays in delivery or the presence of external damage, should be immediately notified to the carrier making the delivery and in any case confirmed by PEC or registered return receipt within 8 days. The signature on the letter of the courier delivery vehicle, the recipient can not rely on objections as to the appearance of the goods given to him.

  • 7.2 In the case of packaging intact, the customer must, in any case, subject to revocation, to denounce any flaws and defects in goods delivered or any failure, partial or uneven supply of all or part of the order commissioned by the end of days 8 of receiving the product. The complaint must be received by Packly by PEC or registered mail return receipt Any returns will be accepted only if agreed in advance and with shipping to the customer.

  • 7.3 Packly responsible for the quality of the product only where the conditions of conservation and use are appropriate and responsive to the specified destination, excluding any responsibility when you face a misuse of the product. Packly will not take in any case consider the faults based on the aesthetics of the product. The color differences between the product created on the web platform and the final product will not be considered a fault, modifications may be generated based on print jobs, reorders or reprints. The extent and quality of the content of the product depends on the extent and quality of the content broadcast to Packly by the customer.

  • 7.4 No warranty is recognized for design errors committed by the customer during the product creation on the web platform, including any spelling errors, punctuation and syntax, as well as wrong choice about the finishing of the product, quantities or type. The guarantee will not apply where the client has carried out or did run third intervention on products, without being previously authorized by Packly.

  • 7.5 The defective goods, should not present problems due to normal wear, misuse, improper storage, or tamper evident, will be repaired or replaced free of charge if returned to the free port regime at the headquarters of Packly, indicating in the consignment note the motive and the details of the invoice.


8. LIMITATION OF LIABILITY
  • 8.1 Packly when responsibility will be obliged to pay compensation for actual loss, with expressed exclusion of loss of profit and, in any case, the sum for which compensation will never be higher than the amount paid by the customer in relation to the products It referred to the damage.

  • 8.2 In any case Packly will be liable for any further damage, tangible and intangible, indirect, such as data loss, breaches of intellectual property rights, breach of the right image, suspension, interruption or loss of services, delays or interruptions in ' access to the site, loss or liability arising from causes not attributable to the will of Packly, etc.


9. WITHDRAWAL
  • 9.1 The legislation on the right of withdrawal is not applied to natural persons who make purchases for purposes related to their professional work activities or business, or buying products with the billing request, as holders of a regular VAT.

  • 9.2 The right of withdrawal does not apply to relationships and concluded governed by these general conditions of sale, in accordance with Article. 55, paragraph 2, letter c, of the Consumer Code, which excludes this right in case of supply of goods made to specifications or clearly personalized.


10. DURATION
  • 10.1 At any time Packly, at its sole discretion and without prior notice, may cancel your membership from its website, as well as edit any content contained, transmitted, or stored on its website.


11. PROTECTION OF DATA SUBMITTED
  • 11.1 It is responsibility of the customer, in order to protect their data and files, proceed to the rescue of the same, before you send the files, via backup. Packly not make any copy of the data or client file security; any responsibility, therefore, can be attributed to Packly, in case of loss, damage and / or deterioration of data or files.


12. APPLICABLE LAW
  • 12.1 At present conditions of sale are governed by Italian law. For any disputes that may arise from the application of these conditions of sale shall be the District Court of Campobasso, except as provided in contracts concluded with consumers, by art. 63 of Legislative Decree no. 206/2005. The invalidity of individual clauses in these conditions, does not affect the validity of the remaining, unless otherwise required by law.


13. PERSONAL DATA
  • 13.1 The personal data of which will possess Packly will be treated in accordance with Legislative Decree no. 196/2003. Communication and the data processing is necessary to Packly to allow discharge the task. To this end, the customer data may be disclosed to its employees, contractors and third parties who work with Packly. It falls into the customer's ability or not to grant consent to the processing of their data; the refusal of the provision of such data will prevent the establishment and continuation of relations between Packly and the customer. The user is entitled in accordance with Art. 7 of Legislative Decree no. 196/2003, to request the modification of their data, their updating, integration, cancellation and to oppose their use. The holder of personal data is Packly, with headquarters in Via A. Vespucci, snc Campochiaro (CB) - ITALY.
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