General sales terms and conditions

These terms are only valid between the company Esinplast Srl, having registered offices in via S. Ubaldo 31/D, Economic and Administrative Index n° MB-121980 and VAT registration number 01295580425, hereinafter referred to as ''ESINPLAST'', and anyone making online purchases from the website www.windowsimprove.com, hereinafter referred to as the ''CUSTOMER'. These terms are subject to change and become effective on the date on which they are published on the website

These terms and conditions are applicable to the purchases made on the website www.windowsimprove.com in compliance with the provisions of Part III, Title III, Chapter I of the Consumer Code Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014 and Legislative Decree n. 70/2003 on e-commerce.

ARTICLE 1 - Subject of the contract

Under these general terms of sale, ESINPLAST sells and the CUSTOMER buys at a distance the goods indicated and offered for sale on the website windowsimprove.com. The contract is only executed over the internet when the CUSTOMER accesses the web address www.windowsimprove.com and places a purchase order according to the procedures envisaged on the website.
Before confirming an order, the customer agrees to acquaint himself with these general terms of sale, with particular reference to the pre-contractual information provided by ESINPLAST, and to accept them by placing a flag in the appropriate box.

In the order confirmation sent by email, the CUSTOMER will also receive a link enabling him to download and store for his own purposes a copy of these general terms of sale, as provided for under article n. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree n. 21/2014.

ARTICLE 2 - Pre-contractual information for the consumer - article 49 of Legislative Decree n. 206/2005

Before executing the purchase contract, the CUSTOMER shall acquaint himself with the characteristics of the goods illustrated in the single product description visible to the CUSTOMER as he makes his choice.
Prior to executing the purchase contract and before confirming the order “with obligation to pay”, the CUSTOMER agrees that he is aware of: 
- the overall price of the goods including any taxes and a breakdown of delivery costs and any other charges; 
- the method of payment; 
- the time limit within which ESINPLAST vouches to deliver the goods; 
- the conditions, terms and procedures involved in exercising the right of withdrawal (article 6 of these terms and conditions) as well as the methods for withdrawal as per article 7 of these general terms of sale
- the fact that the CUSTOMER must bear the cost of returning any goods in the event of withdrawal; 
- the fact that a legal guarantee of conformity exists for the goods purchased; 
- the terms and conditions for after-sales services and commercial guarantees envisaged by Esinplast.
At any given time and in any case before executing the contract, the CUSTOMER may acquaint himself with the VENDOR’s details, such as geographical address, telephone and fax number and email address. These details are also provided here below:
ESINPLAST S.R.L. 
registered offices via S. UBALDO 31/D
tel. 0039073161852 – Fax 00390731615830
certified email address esinplast@pec.it

ARTICLE 3 - Execution and effectiveness of the contract

The sales contract shall be deemed to be executed when ESINPLAST sends the CUSTOMER an order confirmation by email. The email contains the CUSTOMER’s name and surname as well as the order number and a link allowing the user to print and store these terms and conditions.
The CUSTOMER undertakes to check and make sure that the personal details in the order confirmation are correct and to notify ESINPLAST promptly of any corrections that need making.
ESINPLAST vouches to describe and present the items sold on its website in the best possible way. Nonetheless, some mistakes, inaccuracies or minor discrepancies between the website and the actual product may arise. Furthermore, the photographs of the products shown on www.windowsimprove.com are not contractually binding because they are only meant to be representative.
ESINPLAST undertakes to deliver goods within 30 days of having emailed the order confirmation to the CUSTOMER.

ARTICLE 4 - Product availability

Product availability means the actual availability when the CUSTOMER places the order. Nevertheless, this availability must be taken to have a merely indicative value due to the fact that the website is browsed by more than one user at a time and products could be sold to other CUSTOMERS before the order confirmation takes place.
Even after ESINPLAST emails the CUSTOMER with order confirmation, partial or total unavailability of merchandise could occur. In such circumstances, the order will be automatically adjusted and the unavailable product removed. The CUSTOMER will be instantly notified by email.
If the CUSTOMER asks for the order to be cancelled and to terminate the contract, ESINPLAST will refund the amount paid within 14 days of becoming aware of the customer's decision to terminate the contract.

ARTICLE 5 - Method of payment

CUSTOMER payments must only take place by using the credit cards indicated on the website www.windowsimprove.com and/or by bank transfer to be made to the credit institution Banca Unicredit, IBAN 
IT85B0200821204000104501673 via PayPal.
In the event of payment by credit card, the amount due will only be charged when the order is complete and ready for dispatch.
In the event of PayPal payments, the amount due will be charged when ESINPLAST emails the order confirmation.
Any communications about the payment and the details disclosed by the CUSTOMER when payment takes place occur on a secure connection. Security standards for Credit Card payments are vouched for by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
 
ARTICLE 6 - Prices

All the product sales prices indicated on the website www.windowsimprove.com are expressed in Euro and include VAT and, whenever applicable, the WEEE contribution, constituting an offer to the public, pursuant to article n. 1336 of the Italian civil code.
As per the previous point, the sales prices are inclusive of VAT and any other form of taxation. If applicable, shipment costs and any other ancillary charges (customs clearance, for instance) which are not included in the purchase price must be indicated and calculated during the purchase procedure before the buyer places the order and must figure in the order summary on the website.
The CUSTOMER accepts that ESINPLAST is entitled to make changes to its prices at any time. Nevertheless, the merchandise will be invoiced at the prices shown on the website when the order is placed and indicated in the confirmation sent to the CUSTOMER by ESINPLAST.
Should a computer, manual or technical error, or any other kind of error, bring about a fundamental change in the sales price to the general public not envisaged by ESINPLAST and should said change cause the price to be either exorbitantly high or ridiculously low, the purchase order will be deemed to be null and void and the customer’s payment will be refunded within 14 days of the order being annulled.
The prices indicated for each one of the items offered for sale to the public will be valid up until the date shown on the catalogue.

ARTICLE 7 - Right of withdrawal

If the customer is a “Consumer”, as defined under article 3 of the Consumer Code, he has the rights outlined under articles 52 et seq. of the Consumer Code, as amended by Legislative Decree n.21 of 21/02/2014, and, therefore, he is entitled to withdraw from the Purchase Contract (hereinafter referred to as the “Right of withdrawal”) on any grounds without having to provide any justification or paying any penalty. The following procedures must be abided by. 
Withdrawal may relate to all (Complete Withdrawal) or only part (Partial Withdrawal) of the Goods and/or Services bought by the Purchaser. 
In the case of Goods, the period of Withdrawal expires 20 (fourteen) days from the day when the Customer or a third party (other than the Carrier and indicated by the Purchaser) acquires physical possession of the Goods (hereinafter referred to as “Period of Withdrawal”).
In the case of Services, the period of Withdrawal expires 20 (fourteen) days from the day the contract is executed (hereinafter referred to as “Period of Withdrawal”).
The right of withdrawal may be exercised (before the aforementioned Withdrawal Period expires) by sending a communication of withdrawal (hereinafter referred to as “Communication of Withdrawal”)
Within the Period of Withdrawal as mentioned previously, the Communication of Withdrawal must be emailed to the following address: support@windowsimprove.com. The CUSTOMER may also exercise his withdrawal right by sending any explicit statement expressing his intention to withdraw from contract.
The Communication of Withdrawal must make specific mention that the Purchaser intends to withdraw from the Purchase and clearly state which Goods/Services he wishes to exercise his Withdrawal Right for. 
As soon as the Withdrawal Right has been properly exercised as outlined under article 52 et seq. of the Consumer Code as mentioned above, ESINPLAST will email the CUSTOMER to give him the Case Number. This Number must be quoted by the Consumer when he returns the Goods (hereinafter referred to as “Return”). The Goods must be returned within 20 (twenty) days from the day when ESINPLAST makes known its intention to withdraw from contract, pursuant to article n. 52 of the previously mentioned Consumer Code. This deadline will be respected if the CUSTOMER sends back or returns the pertinent Goods before 14 days have elapsed. Shipment arrangements may be made by the CUSTOMER to return the Goods. ESINPLAST wishes to remind its customers that all transportation expenses for Goods being returned/subject to withdrawal are to be borne by the company and that the company is entirely responsible for Goods Return. The supplier also wishes to remind its customers that, before returning goods, they must check to make sure that the Goods subject to withdrawal are intact and in a normal state of preservation. They must likewise make sure that the Goods are complete with all their parts (this includes packaging and pertinent documentation) and placed inside their original packaging. ESINPLAST wishes to remind its customers that, in the event of Withdrawal exercised within 24 hours of the Contract being executed, the CUSTOMER will not have to bear the costs of returning the Goods subject to withdrawal.
Pursuant to current legislation, the CUSTOMER will only be liable for any loss in value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods. 
If the Right of Withdrawal has been properly exercised in accordance with the provisions of article 52 et seq., ESINPLAST will refund the CUSTOMER the entire amount already paid, inclusive of Delivery Expenses and any additional costs sustained from the day on which it was informed of the CUSTOMER’s decision to withdraw from the Purchase Contract. The amount will be refunded with the same payment method used by the CUSTOMER for the original transaction, unless the CUSTOMER requests a different method and provided that the Consumer does not have to sustain any costs for the refund. Pursuant to article n. 56 of the Consumer Code as amended by Legislative Decree n. 21/2014, ESINPLAST reserves the right to withhold reimbursement until it has received the Goods or until CUSTOMER has provided evidence of having sent the Goods, whichever is the earliest.

ARTICLE 8 - Legal guarantee of conformity

Should the goods received by the CUSTOMER not be what he ordered or faulty in any way, he is entitled to have the goods brought into conformity by repair or replacement. The CUSTOMER may exercise this right if the lack of conformity becomes apparent within two years as from the moment of delivery and if he notifies ESINPLAST of this lack of conformity within two months of discovering it.
For the purposes of this contract, the assumption is made that consumer goods are in conformity with the contract, where relevant, whenever the following circumstances coexist: a) they are suitable to be used for the purposes that similar goods are generally used for; b) they meet the description of the goods provided by the vendor and possess the qualities of the goods that the vendor presented to the consumer in the form of a sample or model; c) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his agent or representative, particularly in advertising or on labelling; d) they are nevertheless suitable for the particular use as intended by the consumer and notified by the latter to the vendor upon execution of contract and that the vendor has accepted this state of affairs by conduct, amongst other things.
The Purchaser shall forfeit all rights if he fails to notify the vendor of the lack of conformity within six months of coming into knowledge of said lack of conformity. It is not necessary to bring said lack of conformity to the vendor's attention if the latter has already acknowledged it or has concealed it.

ARTICLE 9 - Method of delivery

The goods will be delivered by courier to the address indicated by the CUSTOMER upon placing the order within 30 days of the CUSTOMER receiving an order-confirmation email from no-reply@windowsimprove.com.
Upon request, ESINPLAST will issue an invoice for goods shipped in execution of orders placed on the website www.windowsimprove.com.

ARTICLE 10 - Responsibility

ESINPLAST cannot take any responsibility for problems ascribable to force majeure or unforeseeable circumstances (even if this ensues from malfunctioning or disruptions of the internet) which might prevent it from filling orders within the contractual deadline.
Unless it is guilty of wrongful intention or gross negligence, ESINPLAST cannot be held responsible by the CUSTOMER for any malfunctions or disruptions of the internet connection which lie outside its control or that of its sub-suppliers.
Furthermore, ESINPLAST cannot be held responsible for any damage, loss or costs borne by the CUSTOMER due to non-performance of contract as a result of causes not ascribable to it. The Purchaser is only entitled to full restitution of the price paid and any ancillary costs borne.
ESINPLAST cannot assume any responsibility for the fraudulent and unlawful use of credit cards, cheques or other means of payment by third parties when the amount due for purchased items is settled, provided ESINPLAST can demonstrate that it took all possible precautions based on the best knowledge and experience available at the time and based on ordinary duty of care.
Under no circumstances may the CUSTOMER be held responsible for any delays or disruptions in payment as long as it can demonstrate that it has made payment according to the terms and methods indicated on the website. 
Using its computerised system, ESINPLAST will ensure that orders are processed and filled promptly. To this end, it indicates in its electronic catalogue in real time the number of products available and unavailable as well as delivery times.
Should an order be placed against insufficient quantities in the warehouse, ESINPLAST will notify the purchaser by email, telling him that the goods cannot be reserved and informing him how long he will have to wait for them to come back into stock, asking him whether he wishes to confirm the order.
ESINPLAST’s computerised system will provide confirmation in the shortest possible time that an order has been recorded and will send the user due email confirmation, in compliance with point 4.2.
Furthermore, ESINPLAST cannot be held responsible for any damage, loss or costs borne by the CUSTOMER due to non-performance of contract as a result of causes not ascribable to it. The CUSTOMER is only entitled to full restitution of the price paid and any ancillary costs borne.
ESINPLAST cannot assume any responsibility for the fraudulent and unlawful use of credit cards, cheques or other means of payment by third parties when the amount due for purchased items is settled, provided ESINPLAST can demonstrate that it took all possible precautions based on the best knowledge and experience available at the time and based on ordinary duty of care.
9.5 Under no circumstances may the CUSTOMER be held responsible for any delays or disruptions in payment as long as he can demonstrate that he has made payment according to the terms and methods indicated on the website.

ARTICLE 11 - Access to the website

The CUSTOMER is entitled to access the website in order to browse it and make purchases. No other usage is permitted, with particular reference to any business-oriented use of the website and its contents. All parts of this website, whether they regard sound or visual data, as well as the technology used therefor, are owned by ESINPLAST and protected under intellectual property rights.

ARTICLE 12 - Contract as a whole

These General Terms of Sale are made up of all and each one of the clauses to be construed as a whole. If one or more of the provisions of these General Terms of Sale is deemed to be ineffective or declared to be so according to the law, rules and regulations or by a courthouse with jurisdiction, all the other clauses will continue to be in force and fully effective.

ARTICLE 13 - Contract-storage methods
Pursuant to Art. 12 of Legislative Decree n. 70/03, ESINPLAST hereby informs the CUSTOMER that any orders sent will be stored digitally / in paper-based archives on the server / premises of ESINPLAST in compliance with principles of confidentiality and security.

ARTICLE 14 - Correspondence and complaints

Any written correspondence from the CUSTOMER as well as any complaints will only be considered valid if sent to the following address: via S. Ubaldo 31/D, 60030 Monsano (Ancona, Italy), or faxed to the number 0039071615830 or emailed to the following address support@windowsimprove.com. The Purchaser shall use the registration form to indicate his permanent or current address as well as the telephone number or email address for the Supplier to send notifications and communications.

ARTICLE 15 - Governing law and Jurisdiction

These General Terms of Sale are subject to Italian law.
Any disputes that cannot be settled amicably will be placed under the exclusive jurisdiction of the Courthouse in the CUSTOMER’s place of permanent or current residence, if located on national territory.
In any case, voluntary recourse may be made to mediation procedures as per Legislative Decree n. 28/2010 to settle any disputes arising as a result of the interpretation and execution of these terms and conditions of sale.

ARTICLE 16 - FINAL CLAUSE

This contract repeals and replaces any other written or verbal agreement, understanding or deal previously reached between the parties and regarding the subject of this contract.