Conditions of Sale
INDEX
GENERAL TERMS AND CONDITIONS OF SALE
leader in the activities of printing on fabrics, transfer paper, plastic films and is addressed both to natural persons acting for purposes unrelated to the entrepreneurial, commercial, industrial, handicraft or professional activity carried out (“Consumers“) and to legal persons or natural persons acting for purposes related to the entrepreneurial, commercial, industrial, handicraft or professional activity carried out (“Economic Operators”). Consumers and Economic Operators are jointly referred to hereinafter as ‘Customers’.
The service is offered only in the countries in the list indicated in this link (see point “Shipping – In which countries shipping takes place“).
1.2 Sales of Products between Sublitex and Customers shall be governed exclusively by these general conditions of sale (“General Conditions”).
Sublitex may make changes and/or additions to these General Conditions at any time. Such changes and/or additions will take effect only in relation to purchases made after the date of the change and/or addition.
1.3. TheColorSoup allows Customers who have registered on the website https://www.thecolorsoup.com
(the “Site“) and have a personal account to purchase the following products (the “Products“):
1.4. In order to access and purchase the Products, the Customer must register with the Site. If the Customer is a Consumer, he/she must be of legal age to register. Registration entitles the Customer to a personal account (“Account“). The Customer is solely responsible for the management of his/her Account and the information contained therein. Such data will be processed by Sublitex, in its capacity as Data Controller, in a manner that complies with EU Regulation 679/2016 and applicable data protection legislation, as detailed in the Privacy Policy of the Site.
1.5 Sublitex may delete or block the Account if it determines that (i) the Customer is improperly using the Account for purposes unrelated to the activities of TheColorSoup;
(ii) the Customer violates or is about to violate these General Terms and Conditions;
(iii) the Customer engages in conduct that is harmful or potentially harmful to Sublitex or third parties or engages in conduct that is not in keeping with the decorum and reputation of Sublitex;
(iv) the information submitted by the Customer is false or inaccurate.
2.1. The information and details contained in the e-commerce area on the Site are not to be regarded as offers: they merely constitute an invitation to Customers to conclude business by submitting purchase proposals.
2.2 The proposal to purchase Products is formulated by the Customer when sending the order form in electronic format, which the Customer must complete and confirm on the order summary screen. Once the order form has been definitively sent, an order summary page is displayed and an e-mail confirming receipt of the order is sent. It is also possible for the Customer to indicate a different place of dispatch from the one indicated in the compilation of his personal data.
2.3. By sending the order form, the Customer accepts that the eventual purchase contract will be governed by these General Conditions and therefore that, once the purchase contract has been concluded following acceptance by Sublitex pursuant to Article 2.5. below, the Customer will be obliged to pay for what has been ordered.
2.4. Sublitex shall issue electronic invoices to Customers qualified as Economic Operators. Consequently, Economic Operators shall indicate all the data necessary for the issuance of electronic invoices. Consumers, on the other hand, are entitled to request the issuance of an invoice by choosing the appropriate option in the order form.
2.5. The purchase contract between the Client and Sublitex shall be concluded only when the Client’s purchase proposal, sent via the order form, is accepted by Sublitex. In this case, Sublitex will send the Customer, to the e-mail address provided by the latter, confirmation that the purchase order is being executed.
Therefore, all orders are subject to acceptance by Sublitex, which reserves, at its sole discretion, the right not to process any proposed order in the event that:
(i) the data provided by the Customer when filling out the order form is incomplete or incorrect; (ii) Sublitex has reason to believe that the Customer does not meet the requirements or is not in a position to pay the price of the Products in the manner indicated in Article 3 below.2;
(iii) the Customer has previously breached the General Conditions;
(iv) the Products ordered are not available. For this purpose Sublitex will not be held responsible for variations in the availability of certain Products. If only part of the Products ordered are not available and there are no other causes that may legitimise the non-acceptance of the order proposal, Sublitex will carry out the order proposal limited to the Products available.
(v) Products ordered do not comply with the conditions set forth in Article 3 below. In the cases indicated above, Sublitex will inform the Customer by email that the proposed order has not been accepted (in whole or in part) specifying the reasons and that, therefore, the contract is not concluded. In this case, Sublitex will refund the Customer any sums already paid by the latter.
3.AD HOC PRODUCTS
In order to submit a purchase proposal for ad hoc Products, the Customer shall upload the Customer Design on the Site by accessing the relevant Upload Area after registration and following the instructions therein. It shall only be possible to upload Customer Drawings with the format and resolution indicated in the Upload Area. By uploading the Client Design, the Client declares that the same does not infringe any third party rights, including intellectual property rights, nor violate any regulatory provisions, and declares that it has obtained all necessary and appropriate third party authorisations for the use of the Client Design.
The Customer undertakes to indemnify and hold Sublitex harmless from all expenses, costs, damages, losses relating to requests, claims, demands or actions of third parties relating to and/or connected to: (i) the Customer’s infringement of third party rights (including intellectual property rights); and/or (ii) the Customer’s breach of the General Terms and Conditions or applicable regulatory provisions. Once the Customer has completed uploading the file containing the Customer Drawing, the Customer may submit to Sublitex the proposal to purchase the Products ad hoc pursuant to Articles 2.4. and following. The Customer Drawing will be uploaded by Sublitex onto its servers and in the Upload Area solely for the purpose of enabling Sublitex to manufacture the Product, after Sublitex has accepted the order proposal pursuant to article 2.6 below and may be sold only to the Customer who uploaded the Customer Drawing. The Client acknowledges and accepts that the Client Design will be retained by Sublitex. The Client acknowledges Sublitex’s right to use the Client Drawing (including copying, modifying, transmitting to the press the Client Drawing) solely for the purpose of supplying the ad hoc Products to the Client who made the Client Drawing. If the Client Design should contain images and/or personal data of the Client and/or third parties, Sublitex declares and guarantees that such Client Design will be used in compliance with applicable privacy regulations solely for the purposes of printing and supplying the ad hoc Product and delivery thereof to the Client.
4.2 The Customer undertakes to pay the price of the Products purchased by the methods accepted in the payment area of the Site. – Credit Card: payment is permitted with Visa, Mastercard and Maestro credit cards. Payment shall be made at the time of the order. Credit Card payments are handled directly by Nexi’s secure servers, which, thanks to the use of protocols with encryption, guarantee the security of online transactions. For this reason Sublitex has no knowledge of the Customer’s credit card data. Credit cards will be subject to verification and authorisation by the credit card issuer. Sublitex shall not be liable for any lack of authorisation by the entity in question. Once the contract has been concluded pursuant to Article 2 above, the credit card charge will be final;
– Paypal: in this case the charge will be made upon confirmation of receipt of the order. In the event that Subitlex does not accept the order proposal, the amount will be credited back to the Customer.
– Gift Card: the amount owed by the Customer shall be deducted from the amount charged on the Gift Card upon confirmation of receipt of the order.
5.1. Products with Sublitex Designs. Products with Sublitex Designs are made by Sublitex by printing, on the type of fabric selected, the Sublitex Design chosen by the Customer and illustrated in the Website catalogue. The characteristics of each Product are shown on the Site within each product sheet, but the colours of the same may not exactly correspond to the real ones due to the effect of the Internet browser and monitor used.
5.2 Ad hoc Products. Ad hoc Products are made by printing the Customer Design on the fabric selected by the Customer. Even in this case, the colours of the same may not exactly match the real ones due to the effect of the Internet browser and monitor used.
5.3 Fabric Metres and Accessories. The Fabric metres and Accessories are offered for sale by Miroglio in the state in which they are found, with no possibility for the Customer to make changes (e.g. changes to colours, reduction of measurements).
5.4. The Products are guaranteed against any conformity defects existing at the time of delivery. In the event that the Customer believes that the Products purchased are defective, it must notify Sublitex within 8 (eight) days from the discovery of the defect and may return them through the procedure indicated in Article 9.1 below. 5.5. Sublitex will carefully examine the returned Product and will communicate whether or not it has been accepted. In the case of acceptance of defective Products, Sublitex will refund the sums paid to the Customer. 5.6. With reference to point 5.1 and 5.2. above, if the same Sublitex or ad Hoc Design is requested several times by the Client, the colours of the Products may differ from those of the previous print, due to the use of a different fabric and/or a change in the printing processes.
6.GIFT CARD
The Gift Card enables purchases exclusively at the website www.thecolorsoup.com (the “Site”). The Gift Card does not entail any activation costs.
Each Gift Card can be purchased on the Site, choosing from 3 amounts available: 20, 50 and 100.
The Gift Card is bearer and can be used by anyone presenting it on the Site for the purchase of items.
The Gift Card allows its holder to purchase all the articles on sale on the Site in one go, until the loaded amount is used up. If the initial value of the Gift Card is insufficient to purchase the desired articles, the missing amount must be paid using the other payment methods accepted by the Site. The Gift Card has the validity indicated on the Gift Card itself. The Gift Card is not rechargeable. After the expiration date the remaining value of the Gift Card, upon request of the holder, can be redeemed or a new Gift Card of the same amount can be issued. The responsibility for the use and safekeeping of the Gift Card lies solely with the holder. For any information, explanations, complaints you can contact the Customer Service These general conditions of use are governed by Italian law. The use of the Gift Card implies the acceptance of these general conditions of use.
The Client acknowledges and accepts that Sublitex is the sole and exclusive owner of all intellectual property rights over Sublitex Designs represented on Products with Sublitex Designs. The Customer is expressly prohibited from: (i) use the Sublitex Designs for purposes other than those set forth in article 1.3 above; and/or (ii) modify all or part of the Sublitex Designs; and/or (iii) register the Sublitex Designs and/or any other intellectual property rights of Sublitex in its own name; and/or (iv) resell and/or assign and/or license the Sublitex Designs to third parties.
The Client undertakes to indemnify and hold Sublitex and/or its parent, subsidiary and associated companies and/or their respective directors harmless from all claims or actions by third parties in any way connected to the breach by the Client of the obligations indicated in this article.
The commitments undertaken by the Client under this article will be effective even after the termination of the effects of these General Conditions until the date of expiry of Sublitex’s intellectual property rights.
8.1. The Products shall be delivered on the basis of the times and in the manner indicated in the delivery service and indicated on the Site. Transport costs for home delivery are borne by the Customer and may vary depending on the delivery service chosen. Once the shipment has been dispatched, Sublitex will send the Customer an e-mail with notice of shipment with instructions on how to monitor the shipment. In the event of shipment delays due to causes beyond Sublitex ‘s control, the Customer will be promptly notified by Sublitex customer service. 8.2. The risks relating to the Products pass to the Customer at the time of delivery of the Products to the Customer himself or to a third party designated by him. However, the aforementioned risks pass to the Customer already at the time of delivery to the carrier if the latter has been chosen by the Customer and such choice has not been proposed by Sublitex.
9.1. Return for defectiveness of the Products. In the event that the Client ascertains conformity defects in the Products, he may return them by following the following procedure:
(i) The Client must send Sublitex an express declaration containing his willingness to return the Products and the reasons on the basis of which he believes that the Product received is not in conformity with the one ordered. Sublitex makes available to the Client, on the Site, a suitable return procedure, which can be easily activated by accessing the Client’s personal area – Order Summary and clicking on the “Request Return” button. In this case, Sublitex will provide the Customer with a confirmation of activation of the procedure. Alternatively, the Customer may send Sublitex at info@thecolorsoup.com the statement mentioned above.
(ii) It is an essential condition for the exercise of the right of return by the Client that the integrity of the Products to be returned is preserved.
(iii) The Customer must return the Products using the packaging of the order received. Details on how to make a return can be consulted on the Site. For reshipment operations, the same carrier used by Sublitex for the delivery of the Product can be used and the Client must attach the prepaid label provided via email after the confirmation of the activation of the procedure. In this way the shipping costs will be borne by Sublitex. Returned Products must be sent to Sublitex in a single shipment.
9.2 Right of Withdrawal
With regard to the purchase of Metres of Fabric and/or Accessories, if the Customer acts as a Consumer, the right to withdraw from the contract is granted, as provided for in Articles 64 – 67 of Legislative Decree no. 206/2005 (Consumer Code). This right is granted only to Consumers, defined as natural persons acting for purposes unrelated to the entrepreneurial, commercial, industrial, handicraft or professional activity carried out.
In this regard, the Consumer has the right to withdraw, without any penalty and without specifying the reason, within the term of 14 (fourteen) calendar days starting from the day of receipt of the Products purchased on the basis of these General Conditions.
Withdrawal may be exercised by sending Sublitex an express declaration by the Consumer containing his wish to withdraw. Such declaration may be sent by email to info@thecolorsoup.com There is no right of withdrawal for Traders.
The right of withdrawal is totally forfeited if the Product returned is not intact or if the Product has been damaged for causes other than transport from Sublitex to the Consumer, not previously reported. Without limiting the right of withdrawal, upon delivery of the Product the Consumer, who has reason to believe that the Product itself has been damaged during transport, must refuse the delivery or accept it with express reservation.
If the Customer purchased the Products using a Gift Card, the refund will be made by re-crediting the sums used by the Customer on the same Gift Card.
10.3. If there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the reimbursement of the sums, in the event of exercise of the right of return, will be made by Sublitex, in any case, to the person who made the payment.
Sublitex reserves the right, at its sole discretion, to cancel or reduce orders for Products in progress, in addition to the cases referred to in Article 2.5 above, in the event of (i) force majeure and/or (ii) events that may lead to a significant inability to execute orders such as, for example, technical causes or procurement difficulties.
It is understood that, within the limits of the law, Sublitex will not derive any obligation of indemnity, compensation or similar in favour of the Customer from said cancellation and/or reduction. Sublitex undertakes in all cases to notify the Customer in writing of any reduction or cancellation.
With regard to all obligations relating to the processing of personal data, please refer to the Privacy policy on the Site.
13.APPLICABLE LAW AND SETTLEMENT OF DISPUTES
For matters not expressly indicated in these General Terms and Conditions of Sale, reference is made to the Terms and Conditions of Use and to the applicable Italian legislation, in particular to Legislative Decree no. 206 of 6 September 2005 (Consumer Code) as regards purchases made by Consumers, with specific reference to the legislation on distance contracts, as amended by Legislative Decree no. 21 of 21 February 2014 and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning e-commerce. For any dispute relating to the validity, interpretation or execution of these General Terms and Conditions of Sale, the territorial jurisdiction is: – of the judge of the place of residence or domicile of the Customer as regards Consumers; – of the Court of Asti as regards Economic Operators. Pursuant to Article 14 of Regulation 524/2013 the Customer is also informed that in the event of a dispute he/she may lodge a complaint by means of the European Union’s ODR platform accessible at the following link http://ec.europa.eu/consumers/odr.
The contact details for contacting Sublitex and for sending returns are as follows:
Sublitex srl – For the attention of TheColorSoup
Strada Tagliata, 25 Alba
12051 – Italy
e-mail: info@thecolorsoup.com
* * *
Pursuant to articles 1341 and 1342 of the Italian Civil Code, I hereby declare that I accept and expressly approve the provisions contained in articles 2 (Method of conclusion of the contract), 3 (Ad hoc products); 4 (Prices and terms of payment), 5 (Products); 6 (Gift Card); 7 (Intellectual property); 8 (Delivery of Products); 9 (Return due to defectiveness of products. Right of withdrawal); 10 (Time and method of refund of returned Products); 11 (Force majeure); 12 (Protection of personal data); 13 (Applicable law and settlement of disputes).
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