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General Terms and Conditions of Sale
All purchases of products or services made on www.packstyle.com (the “Website”) are governed by the following conditions (the “Terms and Conditions”). By clicking on the “I accept” button, the user (the “User”) agrees to the Terms and Conditions without any limitation or reservation. The Website is owned by Packstyle S.r.l., subject to management and coordination by Cimpress plc, with registered office in Via Fiorolle, 10/A, 36060 Romano d’Ezzelino (VI), Italy, VAT No. IT05241550283, Tax Identification Code 05241550283 (“Packstyle”).
1. Services offered
1.1 The Website offers web-to-print services (collectively, the “Services”), including the service of personalised content printing (which does not include any editorial service or assessment of possible infringement of third party rights, as better specified in the following paragraphs), in various formats and on various supports (the “Products”) with home delivery exclusively within the following territories: European Union, United Kingdom and Switzerland. Unless otherwise stated, these Terms and Conditions apply to all Products and Services offered by Packstyle, to the extent applicable. Packstyle may appoint third party subcontractors or sub-suppliers to perform the Services. 1.2 In order to access the Services, the User must be registered in the reserved area of the Website. Registration allows registered Users to manage their data and addresses without the need to re-enter them for future purchases as well as to consult their orders. Only purchases of Services made by private Users shall be subject to the applicable consumer regulations, pursuant to the provisions of Legislative Decree No. 206 of 6 September 2005 (the “Italian Consumer Code”). 1.3 All final prices of the Services displayed on the Website are in euros and may be displayed either VAT excluded or included, depending on the country or type of registration. Prices of Services may be subject to change from time to time. For certain products and offers, shipping costs are included. For all remaining Products, these are the responsibility of the User.
2. Product choice, order and purchase method
2.1 The information and details contained on the Website are not to be regarded as offers: they merely constitute an invitation to Users to close deals by submitting purchase orders. The proposal to purchase Products is made by the User when sending the order form in electronic format at the end of the procedure set out on the Website and described below. 2.2 The User may proceed to the selection of the Products as described in the relevant sections, selecting them on a case-by-case basis, customising them, adding the desired quantities and production lead times to his shopping cart. Some images may be provided for information purposes and may differ from the appearance of the delivered Product. 2.3 Unless the User opts for the images or designs suggested by Packstyle for certain Products, once the quote has been confirmed and payment has been completed (with the exception of the bank transfer option), the User will be asked to complete the order by uploading the content they wish to print. The customer shall only confirm the uploaded graphics when the automatic verification of the uploaded graphics gives a positive result. 2.4 If there are technical problems preventing the User from uploading files to the “File Upload Area” on the Website, the User may use third party file-sharing services to share files with Packstyle. Packstyle will keep proof of receipt of the file by displaying it on the User’s account screen on the Website. The User represents and warrants that they own all rights relating to the use of the content uploaded via the external file-sharing service. The User further represents and warrants that the uploaded content does not infringe any intellectual property rights of third parties and that it does not cause injury to the image, honour, dignity, moral integrity or in any case any pecuniary or non-pecuniary damage as a result of the printing of the images or content uploaded by the User. 2.5 The User remains solely responsible for checking the content, spelling and graphics of the uploaded files. 2.6 When the selection of the desired items is complete, a screen for placing the order will be displayed with an indication of the total costs and charges for all selected Products and/or Services. 2.7 Following the sending of the order, the User will receive an order confirmation indicating the type of Products ordered, the price of each of them, the relative taxes, the delivery costs, and the chosen method of payment. The contract is concluded and binding when Packstyle sends the order confirmation to the User at the email address provided by the User. 2.8 Packstyle reserves the right, at its sole discretion, not to process an order. This may also be the case if: - the data provided by the User when filling in the order form are incomplete or inaccurate; - the User does not meet the requirements to fulfil the payment conditions; - the Products ordered are not available. In the aforementioned cases, Packstyle will inform the User by email that the order proposal has not been accepted (either in full or in part) specifying the reasons why, and therefore, the contract is not concluded. In this case, Packstyle shall reimburse the User Customer for any sums already paid by the latter. 2.9 The contract shall be archived and the Customer shall have access to it.
3.1 The customer may purchase Products and Services online and make payments using the various means of payment indicated on the Website, following the instructions indicated for the purchase procedure. 3.2 The information required for payment shall be forwarded, via encrypted protocols, to the payment institution entrusted by Packstyle with the remote electronic payment services, with no possibility of access by third parties. Payments must be made in advance and only after payment and uploading of the “compliant” file by the User will the selected items be put into production. 3.3 For payments by Bank Transfer, production will only commence once the credit has been received and, consequently, delivery may be delayed by 2-3 days, plus the time for printing and dispatch. In this case, it is also necessary to include the order number in the reason for payment to identify the transaction. 3.4 The invoice shall be made available via the interchange system of the Italian Tax Authority. It will be possible to request a courtesy copy to be sent by e-mail
4. Responsibility of Users
4.1 The selection of the content and images to be printed, as well as the acquisition of the relevant authorisations for their reproduction, where necessary, as well as the use of personal information relating to the recipients, are the sole responsibility of the Users. 4.2 Packstyle shall in no way be held liable for the unauthorised use of images by Users and for any kind of infringement of third party rights on them. The User is solely responsible for all consequences of uploading content and images for printing to the Website. For the purpose of the use of the content uploaded by the User, the latter declares that he/she is, has verified and guarantees that he/she has the necessary permissions, licences, rights and/or authorisations to upload such content onto the Website and to use it within the scope of the Services, including reproduction in print. Packstyle shall bear no liability in relation to these contents, their confidentiality, use, publication and/or dissemination. 4.3 The User therefore releases Packstyle, and agrees to indemnify and hold it harmless, from any liability vis-à-vis third parties claiming infringement of intellectual property rights, injury to the image, honour, dignity, moral integrity or any other pecuniary or non-pecuniary damage resulting from the printing of images and content uploaded by the User, as well as from the use of personal information and/or receipt of Products by recipients of the Service. 4.4 The User represents that they are aware of and undertake to comply with the technical specifications on the Website in relation to the composition and permitted use of the materials constituting the Products. The User accepts full responsibility in this regard and therefore exempts Packstyle, and agrees to indemnify and hold it harmless, from any liability, including for pecuniary or non-pecuniary loss, for the incorrect use of the Products or use that does not comply with their technical specifications by the User or third parties. 4.5 The User represents that they are aware of the provisions on (i) environmental labelling and collection indications for packaging waste provided for by Article 219 of Legislative Decree No. 152 of 3 April 2006 and of the relevant penalties provided for their violation by Article 261 of Legislative Decree No. 152 of 3 April 2006 (the text of such legislation can be found at the following link https://www.gazzettaufficiale.it/dettaglio/codici/materiaAmbientale) and of (ii) marking for single-use plastic products provided for by Directive (EU) 2019/904 (the text of such legislation can be found at the following link https://eur-lex.europa.eu/legal-content/IT/TXT/PDF/?uri=CELEX:32019L0904). Furthermore, the User acknowledges that Packstyle makes available on its Website, for each type of material, information on environmental labelling (namely the reproduction of the pictogram with mention of the appropriate code), thus providing the User with adequate information on the activities to be carried out. Therefore, the User (a) undertakes to fully comply with the aforementioned regulations when using and marketing the Products, ensuring that the contents and images to be printed bear the correct and necessary references in this regard, (b) accepts all responsibility in this regard and (c) therefore exempts Packstyle, agreeing to indemnify and hold it harmless, from any liability, damage (financial or non-financial), cost or sanction, arising from failure to comply with the aforementioned regulations. 4.6 It is the User’s responsibility to be aware of the information to be displayed on the food label (such as batch, expiry date, TMC and other compulsory information stipulated by the legislation in force) that complies with Regulation EU 1169/2011 concerning food information that pre-packed, packaged, loose or pre-wrapped products must indicate to the final consumer and Regulation EU 775/2018. Furthermore, the User represents that they are aware of the sanctions provided for in cases of violation of the aforementioned regulations according to the Italian Legislative Decree No. 231/2017. 4.7 Packstyle shall not, under any circumstances, verify the contents except as regards graphic compatibility with the required specifications. Packstyle reserves the right to block and, where appropriate, cancel any order whose contents are defamatory, violent or in any other way contrary to public order and morality, or which are in breach of the User’s obligations set out in Articles 4.4, 4.5 and 4.6 above.
5. Automatic verification of uploaded files
5.1 Packstyle performs technical checks on the file received (e.g.: checking page size, checking image resolution, checking spot colours) and reserves the right to make corrections (e.g.: converting spot colours to CMYK, modifying overprinting and perforation attributes, converting text to tracings) to make the file compliant with production requirements. The verification system will not perform any checks for possible infringements of third-party rights. 5.2 In the event of non-compliance with the submitted file, the system will proceed to block the order. In such a case, the User will be notified of the non-compliance by the upload system and invited to proceed with the upload of a new compliant file with a consequent postponement of the delivery date. 5.3 The User remains solely responsible for checking the content, spelling and graphics of the files sent.
6. Improvements and Tolerances
6.1 Packstyle reserves the right to make any technological improvements to the Products that it deems appropriate and/or necessary, always in compliance with the GMP (Good Manufacturing Practices) applied in the relevant sector. 6.2 The User expressly approves the following manufacturing tolerances typical of Packstyle’s flexible packaging products: a) For products with a paper exterior (paper/aluminium and recyclable paper), variations in colour shade may occur in the weld area due to the absence of post-print varnishing/lamination treatment and due to the presence of heat-sensitive, solvent-free polymer inks. This is not to be considered a defect but an indicator of the natural essence of the material, which was deliberately not treated after printing. In addition, the colour of the print in this type of media may vary and not be as per the graphic file. This is due to the natural absorption properties and characteristics of the paper fibres, which may vary from one batch to another. Such a difference in tone will not be considered a defect and will therefore not entitle to compensation or reprinting. b) in Packstyle’s polymeric film products, tolerances of 4-5 mm in the dimensions of the finished product with respect to the standard dimensions sold can be found. This is due to the material’s reaction to the high temperatures required to ensure a proper seal. Polymers are to be considered sensitive and not very stable materials due to their chemical nature. Any differences between the dimensions of the Product purchased and those of the Product received, if they fall within these tolerances, shall not be regarded as a defect and shall therefore not entitle the customer to compensation or a reprint. c) in flexible packaging, as a consequence of the printing and sealing processes using heat as a means of production instead of solvents, slight differences in the dimensions of the side and/or bottom seals, generally not exceeding 3 mm, may occur. This means that the following may occur: 1) Differences in width between the two seals on the sides of the envelope; 2) Slight differences on the back flap for Doypack/stand-up pouches; 3) Slight differences in the positioning of the zip; The above-mentioned differences are not to be considered a defect of the product but characteristics of a “craft” production process, which allows the supply of micro-runs, and the absence of solvents. Any objections within these tolerance limits will not be considered a defect and will therefore not give rise to compensation or reprinting. e) In the Flexible Packaging market, it is customary to have tolerances in terms of quantity between the number of pieces purchased and the number of pieces received. Below are the tolerances that do not constitute grounds for complaint: 1) from 0 to 5,000 pieces: +/- 5%. 2) from 5,000 to 10,000 pieces: +/-4%. 3) from 10,000 to 50,000 pieces: +/-3%. 4) from 50,000 to 100,000 pieces: +/-2%. 5) over 100,000 pieces: +/-1%. (f) it is possible to find some places where the seals are much more pronounced and evident, especially at the most fragile and sensitive points or at the zip attachment points. This is due to the high temperatures required to guarantee the sealing of the envelope. Packstyle does not consider this to be a contested defect and will therefore not be entitled to compensation or reprinting. g) printing is in any case an industrial production process that allows tolerances due to small displacements of the print subject with respect to the material surface (less than 2 mm) with slight slippage at the welding points and/or some swelling of the material. These are normal characteristics of production that do not affect the quality of the product and consequently cannot be contested and will not give rise to compensation or reprinting. It is suggested that some common practices be adopted when designing graphics, such as: using the same colour or pattern near the left and right edges, increasing graphic margins from the edge of the graphics, placing text, logos and photographs away from welding areas.
8. Delivery and shipping times
8.1 The Services are only available for delivery within the territory of the EU, the United Kingdom and Switzerland. The Services may therefore not be used for deliveries outside these territories. 8.2 The dispatch of the Products will be organised according to the choice made by the User at the time of order confirmation, according to one of three methods: Relaxed, Regular or Super Fast. 8.3 Since this is a sale with dispatch, the deadlines are merely indicative and not guaranteed as, regardless of the consideration paid by the User, they depend on the delivery services of third parties such as shippers and are calculated from the completion of the order, i.e. after uploading the file and receiving the confirmation. The delivery dates are valid for most of a given national territory. Islands and more remote areas could be served in two or more additional business days. 8.4 The order shall be deemed not completed until the file has been uploaded by the User and payment has been made. If the User does not upload the file within 30 days from the order date, the order will be cancelled. If a non-compliant file is not replaced within a 30-day time limit, the order will be cancelled. 8.5 In the event of order cancellation for reasons attributable to the User, Packstyle shall apply a penalty of EUR 50.00 to reimburse the costs of taking charge of and managing the order process. 8.6 Notwithstanding Clause 2.7 above, for the purpose of calculating the delivery time selected in the quotation, the first day shall be deemed to be the day following receipt of payment and of the graphic files suitable for the production process. Deliveries to fairs will not be handled. Business days are Monday to Friday with the exception of 1/1, 6/1, 25/4, 1/5, 2/6, 15/8, 1/11, 8/12, 24/12, 25/12, 26/12, 31/12, Easter Monday. 8.7 Packstyle reserves the right not to make partial deliveries. 8.8 Packstyle shall not be liable under any circumstances for any damage caused by delays in delivery, which is carried out by shippers that are third parties other than Packstyle. 8.9 All risks relating to the Products shall pass to the User upon delivery of the Products to the shipper.
9. Withdrawal right.
9.1 Pursuant to the provisions of articles 52 et seq. of the Italian Consumer Code, the User, who is a consumer, has the right to withdraw, without penalty and without the need to specify the reason, within and no later than fourteen days from the receipt of the Products (or, in the case of multiple goods ordered by means of a single Order and delivered separately, from the day on which the Customer or a third party designated by him, other than the carrier, acquires physical possession of the last good). 9.2 For the purposes of exercising the right of withdrawal, the User must, before the expiry of the period referred to in the above paragraph, inform Packstyle of its decision by sending written notice to the following address: Packstyle S.r.l. with sole shareholder, with registered office in via Fiorolle 10/A, 36060 Romano d’Ezzelino (VI), Italy, within 14 days of receipt of the Products. This communication can be sent by post, e-mail (firstname.lastname@example.org.). You can use the form available at this link 9.3 In the event of exercising the right of withdrawal, the User is required to return the Products received to Packstyle, by sending them to Packstyle’s registered office at the above-mentioned address, without undue delay and in any case within fourteen days from the date on which the User communicates his decision to withdraw; the deadline is considered to have been met if the User returns the Products before the fourteen-day period has expired. 9.4 The direct cost of returning the Products shall be borne by the User. 9.5 The User shall return the Products in an undamaged condition. The packaging of the Products must be accurate in order to safeguard the original wrappings from damage, writing or labelling. The consumer is liable to cover the difference for the decrease in value of products if they have been modified or tampered with in any way that deviates from their intended nature, features and functioning. 9.6 If the right of withdrawal has been exercised in accordance with the aforementioned provisions, Packstyle will, within fourteen days of receipt of the notice of withdrawal, refund the User all payments received in relation to the order to which the withdrawal refers, using the same means of payment used by the User for the initial transaction if this does not incur any costs for the User as a result of the refund; however, pursuant to Article 56, paragraph III, of the Italian Consumer Code, it is Packstyle’s right to withhold the refund until it has received the goods or until the User has demonstrated that they have returned the goods, whichever occurs earlier. 9.7 Pursuant to Article 59, letter c of the Italian Consumer Code, Packstyle informs Users that the right of withdrawal is excluded for all Products and goods made to measure or personalised for the User with the printing of content or images selected and uploaded by the User.
10. Exemption from liability - product defects
11. Applicable law and jurisdiction. Alternative Dispute Resolution.
11.1 These Terms and Conditions and orders issued under them are subject to Italian law. 11.2 All disputes relating to the interpretation and/or performance of these Terms and Conditions and the orders issued under them shall fall under the exclusive jurisdiction: - of the Court of Venice (Italy), in case of purchases made by Users not qualifying as consumers; or - of the User’s place of residence or domicile, in the case of purchases made by Users who qualify as consumers. 11.3 Consumers resident in the European Union are hereby informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool may be used by the European consumer to settle out-of-court any disputes relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, and without prejudice to the foregoing, the User making purchases as a consumer may use this platform to settle any dispute arising from the online contract concluded with Packstyle. The platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.
12.1 For further information and assistance on the Website or on how to purchase on the Website or on Orders, Users may contact Packstyle via the customer service department in the following ways: by email at email@example.com, or by letter at the address below: Packstyle S.r.l. via Fiorolle, 10/A, 36060 Romano d’Ezzelino (VI) – Italy. Rev. 3 – 15/02/2023 These Terms and Conditions shall not apply retroactively to the date of revision.