Conditions of sale

General conditions of sale, in force from 01/01/2023.

PREMISE
This information is valid for the site https://imelpark.com/ (Site).

Seller details: PLASTICGROUP SRL Via L. Bandini, 3 - 5, 42017 - NOVELLARA (RE) | Tax code and no. registration: 06772570963 | Registered at the REA of REGGIO EMILIA at no. 279,689 | Share capital of €10,200 fully paid | PEC plasticgroup@pec.plasticgroup.it ( Seller ).

Art. 1. Scope of application

1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 Sales on the Site are reserved for those with the qualification of "professional". This qualification is held by the natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or by their intermediary.

1.3 The time slots indicated refer to working days, therefore Saturdays, Sundays and national holidays are excluded. The images and descriptions on the Site are purely indicative. Colors may differ from actual colors due to the configuration of the computer systems or computers used to display them.

1.4 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force as soon as they are published on the Site. The Buyer is therefore invited to regularly access the Site and consult the most updated version of the General Conditions of Sale before making any purchase.

1.5 The applicable General Conditions of Sale are those in force on the date of shipment of the order.

1.6 These General Conditions of Sale do not regulate the sale of products and/or services by third parties other than the Seller who may be present on the Site via links, banners or other hyperlinks.

1.7 Before concluding commercial transactions with these entities, it is necessary to check their terms and conditions of sale.

1.8 The Seller will not be responsible for the provision of services and/or the sale of products by such parties.

1.9 On the websites accessible via these links, the Seller does not carry out any type of control and/or monitoring. Therefore, the Seller is not responsible for the content of such sites nor for any errors and/or omissions and/or violations of the law by such sites.

1.10 The Buyer must carefully read these General Conditions of Sale, as well as the other information provided by the Seller on the Site, also during the purchase procedure.

1.11 In no event will the Seller be liable to you or any third party for indirect, incidental, special or consequential damages. This includes, without limitation, any loss of profit or other indirect loss arising from the use of the Site or the inability to use the Site. The Seller does not guarantee: (i) that the Site is free of viruses or programs that may damage the data; (ii) that the information contained on the Site is accurate, complete and updated.

1.12 Unless otherwise agreed with the Seller, it is not possible to send orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

1.13 All elements of the Site are the property of the Seller or third parties. Unless expressly authorized in writing by the Seller, the reproduction, in whole or in part and by any process, distribution, publication, transmission, modification or sale of all or part of the content of the Site is prohibited.

1.14 In no event will the Seller be liable to you or any third party for indirect, incidental, special or consequential damages. This includes, without limitation, any loss of profit or other indirect loss arising from the use of the Site or the inability to use the Site. The Seller does not guarantee: (i) that the Site is free of viruses or programs that may damage the data; (ii) that the information contained on the Site is accurate, complete and updated.

Art. 2. Purchases on the Site

2.1 To make purchases on the Site, it is necessary to follow the procedure indicated on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.

2.2 The Buyer undertakes to immediately inform the Seller if he suspects or becomes aware of improper use or disclosure of any information published on the Site.

2.3 The Buyer guarantees that the information provided is complete and truthful and undertakes to indemnify and hold the Seller harmless from any damage, compensation obligation and/or sanction arising from and/or in any case connected to the violation of this commitment. The Buyer undertakes to immediately inform the Seller if he suspects or becomes aware of improper use or undue disclosure of the access credentials to the Site.

2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Conditions of Sale or any regulatory provision.

2.5 To place purchase orders on the Site it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

2.6 On the Site: (i) no alcoholic products are sold; (ii) no adult products are sold; (iii) {food-products}

2.7 Furthermore, the Buyer will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any cost increase; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.

2.8 The colors of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product is different from what the user expected. The user is invited to contact the Seller in case of doubts about the color of one or more Products on the Site.

Art. 3. Availability of Products

3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been sent.

3.2 Information on the availability of the Products is available on the Site. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may be available, for a short period of time, being, instead, out of stock or not immediately available and it being necessary to wait for restocking.

3.3 The Buyer will be informed in the event of unavailability of the Product ordered. In this case, the Buyer will have the right to terminate the purchase contract. However, please note that before requesting cancellation of the contract, the Seller reserves the right to apply the following measures:

• If restocking is not possible, the Seller will provide a different product, of equivalent or greater value, subject to payment, in the latter case, of the difference, and subject to express acceptance by the user.

3.4 If a refund is requested for the purchase of Products which are subsequently unavailable, the Seller will provide the refund within 15 days.

3.5 In the event that the Buyer exercises the right of withdrawal, the contract will be terminated. In the event that the payment of the total amount due, consisting of the price of the Product, any shipping costs and any other additional costs, as indicated in the order (Total Amount Due), has already been made, the Seller will refund the 'Total Amount Due as provided in the article " Payment Methods ".

Art. 4. Prices

4.1 Prices on the Site do not include VAT.

4.2 Furthermore, on the Site the prices do not include the WEEE contribution as Products are sold that are not subject to the relevant regulations.

4.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price applied will be that indicated on the Site at the time the order is placed and that variations will not be taken into account (in increase or decrease) following the transmission of the order.

4.4 The shipping costs of the Products are your responsibility, unless otherwise established.

4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or payment of the Total Amount Due. Ownership of the Products will transfer at the time of payment.

4.6 The purchase contract is decisively conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing between the Parties, the order will be canceled accordingly.

4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to communicate the correct one to the customer even after the conclusion of the purchase order. In this scenario the customer has the right to accept the new price or dissolve the purchase contract. The Seller can also cancel the purchase contract for the Product in these cases. The Seller may also cancel the sale if there is an error in the availability of the Product.

Art. 5. Payment conditions

5.1 This article describes the payment methods available on the Site. The user can read more information by accessing the section dedicated to "Payments" on the Site. The user can access this section directly from the footer of the Site. On the Site you can purchase using the payment methods described in this article.

5.2 On the Site you can purchase using payment cards. The debit will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has issued the debit authorization. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the manager of the payments without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

• Visa.
• MasterCard.

5.3 On the Site it is possible to pay by bank transfer. the bank details are communicated by email after placing the order. In case of non-payment within 3 days of placing the purchase order, the Seller reserves the right to cancel the order.

5.4 On the Site it is not possible to purchase by cash on delivery, unless otherwise agreed with the Seller.

5.5 On the Site it is possible to purchase using a discount code. If the value of the discount code is less than that of the order, the remaining sum can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. Under no circumstances can discount vouchers be converted into cash.

5.6 Any alternative provisions to those described above are or will be described in this article.

• On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the payment card data connected to your PayPal account or the data of any other payment instrument connected to this account.

Art. 6. Delivery of the Products

6.1 Delivery of the Products is expected in: Europe. The user can read more information by accessing the section dedicated to "Shipping" on the Site. The user can access this section directly from the footer of the Site. In case of inconsistency between what is indicated in this document and what is described in the section dedicated to Shipments, this last section will prevail.

6.2 The delivery obligation is fulfilled by transferring material availability or in any case control of the Product to the Buyer.

6.3 Delivery time of the Products from sending the order: 10 days.

6.4 The deadline indicated in the art. 6.3 is to be understood as indicative and not peremptory. It is up to the Buyer to check the conditions of the delivered Product. The Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and is invited, in your interest, to indicate on the carrier's transport document , any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.

6.5 With reference to the possibility of requesting delivery of the Products to a "collection point", the Seller informs you that the Site does not offer the possibility of collecting the Product at a "collection point" other than the address communicated by you during of the purchasing process. However, you are invited to regularly access the Site to check whether this delivery option is subsequently made available on the Site.

6.6 The user acknowledges that the collection of the Product is his specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and request compensation for any damage suffered as a result of failure to collect the Product.

Art. 7. Right of withdrawal

7.1 There is no right of withdrawal for the purchase of Products on the Site. In fact, the Buyer acts as a Professional, for which the law does not provide the right of withdrawal.

Art. 8. Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is governed by the provisions of the articles. 1490 of the civil code. Therefore, the Seller is required to ensure that the item sold is free from defects that make it unsuitable for the use for which it is intended or appreciably reduce its value.

8.2 The guarantee is not due if at the time of the contract the Buyer knew of the defects of the item; similarly it is not due if the defects were easily recognisable, unless, in this case, the Seller has declared that the item was free from defects.

8.3 In the presence of defects, the Buyer may request the termination of the contract or a reduction in the price at his choice, unless, for certain defects, customs exclude termination. The choice is irrevocable when made with the judicial request. If the delivered item has perished as a result of defects, the Buyer has the right to terminate the contract; if, however, it has perished due to fortuitous circumstances or the fault of the Buyer, or if he has disposed of or transformed it, he can only request a reduction in the price.

8.4 The Buyer loses the right to the guarantee if he does not report the defects to the Seller within eight days of discovery, unless otherwise established by the parties or by law. The report is not necessary if the Seller has recognized the existence of the defect or has hidden it. The action expires, in any case, one year from delivery; but the Buyer, who is agreed for the execution of the contract, can always enforce the guarantee, provided that the defect in the item has been reported within eight days of discovery and before the end of one year from delivery.

8.5 The Seller is not responsible in case of damage, of any nature, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage deriving from unforeseeable circumstances or force majeure.

Art. 9. Manufacturer's Warranty

The Manufacturer's Warranty is an additional guarantee compared to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can assert this guarantee only against the manufacturer. The duration, extension, including territorial, conditions and methods of use, types of damage/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.

Art. 10. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Site are governed by Italian law.

10.2 For any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent in accordance with the provisions of the Introduction.

Art. 11. Customer service

11.1 It is possible to request information, send communications, request assistance or forward complaints by contacting the Seller at the contact details indicated in the Introduction, or using the contact form that may be present on the Site.

11.2 The Seller responds within an indicative time of 2 days.

Art. 12. Miscellaneous

12.1 This document fully governs the relationship between the Buyer and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time are reserved.