Terms and conditions of use

Premise:

Users are invited to read these General Terms and Conditions of Sale carefully before proceeding with any purchase. By ticking the box "I accept the terms and conditions" when purchasing online, the Client accepts all these general terms and conditions, which are an integral part of the online sales contract stipulated via the Internet between the buyer, hereinafter referred to as the "CUSTOMER", and the Company ALG srls (also referred to as actionworks.it on the web), hereinafter referred to as the "SELLER". They govern all stages of the contract: negotiations, conclusion and execution. 

In the absence of such express acceptance of the General Conditions, it will not be possible to complete the on-line purchase procedure.

The Seller/Supplier reserves the right to modify the General Terms and Conditions at any time and without prior notice. In any case, the changes will not have value with respect to purchase orders received and concluded before the publication of the changes on the website.  The Client is responsible for carefully reading these Sales Terms and Conditions and all the information useful for the purchase in the "Frequently Asked Questions" section of the website https://www.actionworks.it publication of information, services and products on the website https://www.actionworks.it does not constitute a binding offer pursuant to the art. 1336 of the Italian Civil Code. 

DEFINITIONS

General Terms and Conditions of Sale: these are the contractual clauses that govern the on-line sales relationship between the user and the owner of a website or application (mobile or desktop).

Customer: any subject (natural person or legal person) not falling into the category of "consumers" referred to in Legislative Decree 206/2005 and subsequent amendments. (so-called Consumer Code) and related laws, which purchases the Products through the Website https://www.actionworks.it  

Seller or A.L.G srls.: the company that sells for retail and/or wholesale the Products on the Website https://www.actionworks.it  

Parties: means jointly A.L.G srls. and Customers. 

General Terms and Conditions of Sale: means these contractual clauses that govern the sale.

Purchase Order: means the request for the purchase of the Products sent by the Client using the procedure indicated in the "Purchase Order and Order Confirmation" section.

Order Confirmation: means the e-mail message with which A.L.G srls. notifies the Client of the acceptance of the Purchase Order.

Graphic Draft: is the File processed and sent by the Seller to the Customer containing the graphics requested by the Customer for the customization of the products;

Order Cancellation: the Order may be cancelled due to non-payment, if the Client does not pay the amount due within fifteen days of receipt of the Order Confirmation, due to non-acceptance of the Graphic Draft by the Client or due to unavailability of the goods. 

CONTACTS

For all questions regarding these General Terms and Conditions of Sale, as well as any complaints, information on warranties and privacy, communications or requests for refunds, the Client must use the following contacts exclusively: 

A.L.G srls

Viale Roma 15 / E - 48015 Cervia (RA) 

Via Ludovico Leone 1 - 03040 Pignataro Interamna (FR) 

Phone Number: +39 0776 949012 - 379 259 2884 

Mail: [email protected]

Pec: [email protected] 

Art. 1. OBJECT AND CONCLUSION OF THE CONTRACT.

The above premise is an integral part of the contract, which has as its object the purchase and sale of clothing items and gadgets, neutral or customized - at the request of the Customer - with printed or embroidered graphics, which the selling company sells online, or using the remote sales system via the Internet, through the website https://www.actionworks.it By sending the purchase order, the Client declares that he/she has fully accepted these General Terms and Conditions of Sale and that he/she has read all the information contained in the "Frequently Asked Questions" section of the https://www.actionworks.it website. 

The order is considered a contractual purchase proposal addressed to actionworks.it for the products listed therein. The sale and purchase contract, both for the neutral product and for the customized product, will be considered concluded between the Parties when the Customer receives the order confirmation email from the Seller containing the summary of the purchase order made by the Customer. 

ART. 2 PURCHASE PROCEDURE AND ORDER CONFIRMATION

The Client can purchase the selected items by accessing the "Categories" section of the website https://www.actionworks.it / or, in the case of a telephone order, by clicking on the "link" contained in the email that will be sent by the Seller. The purchase order will be automatically acquired by the website at the end of the procedure of entering all the required data. During the data entry phase and before sending the purchase order, the Customer may identify and correct any entry errors by following the appropriate instructions. The correct receipt of the purchase order will be confirmed by A.L.G srls by e-mail sent to the e-mail address provided by the Customer. 

For neutral products - once the purchase order has been sent and the Seller's confirmation email has been received - the Customer will no longer be able to cancel the order placed and the contract will be executed. Any exceptions may be allowed upon written agreement between the parties and may result in penalties to be borne by the Client. 

For customized products, the Customer - after receiving the Order Confirmation email - must expressly accept the "Graphic Draft" relating to the customization. Before the acceptance of the "Graphic Draft" or in the event of non-acceptance of the same, the Client may cancel the order by sending an email indicating the Order number and the reason for cancellation. In this case, the Seller will reimburse the amount paid by the Customer, after deducting the costs of returning the goods to its supplier - for the products purchased by virtue of the purchase order received - as well as the costs of the unaccepted graphic processing. If the suppliers do not accept the return, the Customer will be required to pay the full amount of the neutral supply. The Seller, before making the refund, will take care to specify by e-mail the amounts deducted and the difference in the price that will be refunded. It is the Client's responsibility to indicate the means of payment chosen for the crediting of the refund. 

ART. 3 PAYMENTS

The Parties expressly agree that the Seller will execute the contract only after receiving payment following the submission of the purchase order. In the event that the Customer does not make the payment within fifteen days of receipt of the Order Confirmation email, the purchase order will be cancelled. 

The payment of the products can be made by: bank transfer, credit card or PayPal, and cash on delivery (cash on delivery is allowed only for the balance by bank check or cash up to the maximum amount of € 2,999.00).  As for the methods, in addition to the full advance payment (by credit card, bank transfer and PayPal), it is also possible to provide: advance payment of an amount of not less than 40% (always by credit card, bank transfer or PayPal) and the remaining 60% in balance at the time of delivery of the goods, by bank check or cash. 

For payments made by bank transfer, the execution of the contract is deferred upon crediting the Seller's current account. For credit card payments, the security of the transaction is guaranteed by the server (SSL) with a 128-bit encryption key; these payments are managed directly by the bank and the Seller does not have access to the credit card details. 

Payments made with credit cards and PayPal are charged a fee of 2.5% on the amount for administrative fees; The amount of this fee will be displayed "in the cart". 

ART. 4 PRICES AND SHIPPING COSTS

The prices of the items in the on-line catalogue are expressed in euros for all countries adhering to the Single Currency and also for third countries the prices will be expressed in euros. Prices are indicated net of VAT. Shipping costs, if any, are indicated at the end of the purchase order processing process and before payment. If, due to the specific needs of the Customer, the shipping costs are subject to increasing variations, the Seller will communicate the relative amount to the Customer, who must expressly confirm the acceptance of the surcharge by e-mail. 

The Order Confirmation will indicate the total amount to be paid for the purchase made, including VAT where due and indicating shipping costs and any other additional expenses. This total amount will constitute the total amount payable by the Client in relation to the Order placed. 

Each shipment will be marked with an identification number issued by the courier, in order to allow the Customer to monitor the stages of the shipment through the online function "Track your order" in the order confirmation email; to do this, simply click on the tracking number to be addressed to the online "Order Tracking" function provided by the courier, as soon as it is available. 

ART. 5 DELIVERY: ORDINARY TERM and "ESSENTIAL" TERM.

The products will be delivered to the Client by the date indicated in the order confirmation e-mail from the Seller, it being understood that the maximum term for delivery is set at thirty days from the date of receipt of the Order Confirmation. The expiry of the delivery period is subject to the payment of the price, failing which the Seller can always invoke art. 1460 cod. civ. and, after 15 days, proceed to cancel the order. 

The Client accepts that the delivery date indicated in the Order Confirmation email sent by the Seller is merely indicative and declares to approve thirty days as the maximum term for delivery, starting from the date of Order Confirmation. In the event that you intend to indicate a different delivery date, you must specify it on the same day as the order is placed, by sending a specific email to the Seller indicating the Order number and the date chosen as the "essential deadline" for receipt of the product; the Seller will respond shortly by e-mail to communicate whether it accepts or rejects the "essential term" proposed by the Client. If the Seller accepts the "essential term" it will execute the contract; in the event of refusal of this term, it will refund the amount paid by the Customer at the time of the Purchase Order. Failure to comply with the "essential term", if accepted by the Seller, will entitle the Customer to a refund of the amount paid for the purchase, with express exemption from the Seller's liability for any direct or indirect damage of any nature that the Customer may suffer. 

ART. 6 TRANSPORT, EXCEPTIONS and EXPRESS SERVICES

The goods travel at the Customer's own risk. The shipment made by the Seller is to be understood in the only location indicated by the Customer during the online purchase procedure; Delivery is made on the ground floor. In the event of the Customer's absence at the time of delivery, the courier will issue a notice following which the Customer must promptly contact the carrier or the Seller to agree on the day and time of the next delivery. 

The Client is responsible for immediately verifying any tampering or damage to the packaging, which must be reported specifically and in writing on the Seller's delivery receipt by affixing the words "accepted with reserve" and with a description of the visible signs detected. In the absence of such specific notification, the Client will not be able to make a claim for damages to the carrier. 

The Seller is expressly exempt from responsibility for delays, omissions and/or inefficiencies relating to transport and deliveries, whether attributable to unforeseeable circumstances or force majeure, or even to causes relating to services and services provided by third parties (e.g. couriers appointed to ship the products).  The "Express Service" allows priority processing of the order and delivery of the ordered products within a predetermined day and involves an additional cost for the Customer, which will be automatically generated by the system during the purchase phase based on the item chosen, the quantity and the place of destination and is in any case subject to limitations and restrictions. The Customer who makes a purchase with a request for the "Express Service" is guaranteed the immediate processing of the order and the reimbursement of the higher cost incurred if the products are not delivered by the date established during the purchase phase, except in the case in which the deferrals are due to facts not attributable to A.L.G srls (for example: non-payment or delayed payment, incorrect indication of the delivery address by the Customer, delay in confirming the "Graphic Drafts", force majeure or supervening impossibility to perform, etc.). The additional services offered can always be consulted in the "Frequently Asked Questions" section of the https://www.actionworks.it Website. 

ART. 7 PERSONALIZED GOODS

Customized products will be made on the basis of the information and indications provided by the Customer. The Seller assumes no responsibility in the event of incorrect information being sent by the Client and is not responsible for the legitimacy of the images and contents of the material provided by the Client. 

The Seller sends by e-mail the drafts relating to the goods to be customized according to the instructions provided by the Customer and in no case can be held responsible for any errors in copying, transcription or reconstruction of logos or drawings, as the Customer - with the acceptance of the graphic drafts - declares to have checked and approved them and confirms them for production. 

The Seller is not obliged to return the material, images and any printing equipment supplied by the Client or specially produced for him. The Seller protects the confidentiality of the graphics created and sent by the Customer, limiting the use of the same only for the purposes requested by the Customer. The Seller also protects copyrighted graphics, but retains the intellectual property on newly created graphics. 

ART. 8 COPYRIGHT

For the "reasons" covered by copyright, the Client declares under his sole responsibility that he is the legitimate owner or has permission to use it, having requested and received authorization from the legitimate owner of the rights. The Client, therefore, expressly exonerates the Seller from any liability and undertakes to indemnify him from any claims made by the owner of the right. Finally, the Client declares and guarantees that the reasons transmitted to the Seller do not infringe any other rights of third parties.

ART. 9 LEGAL GUARANTEE OF CONFORMITY AND COMPLAINTS

The Seller only guarantees that the products conform to the use for which they are intended and that they do not contain any defects in conformity. The guarantee of conformity of the product sold is twelve months from the date of delivery of the same.

  Any complaints by the Customer for non-conformity of the purchased product must be submitted in writing by e-mail within the terms provided for in Articles 1490 and 1495 of the Italian Civil Code, within fourteen days from the date of delivery of the product. The complaint email must contain:1) the number of the order placed; 2) the Seller's invoice number; 3) the product shipment date (shipping bill date); (4) the specification of the defects complained of; 5) photographs of the non-conforming product with details of the defect; 6) the name and contact details of the person to be contacted for any communications. 

The Seller reserves the right to verify the validity of the complaints at its headquarters or by examining the photographs attached to the dispute email. The shipping costs for the collection of defective products are borne by the Seller who, if the complaint made in the manner indicated above proves to be well-founded, will replace the non-conforming product within 30 days of receipt of the complaint. 

This is without prejudice to the Seller's right to return the disputed supply before proceeding with the replacement of the product. In the event that the complaints prove to be unfounded, the Seller may charge the Client for shipping and inspection costs. 

ART. 10 PRODUCTION DISCREPANCIES: TECHNIQUES and TOLERANCES

All items offered for sale are described, depicted and made visible on the "https://www.actionworks.it" website in a manner corresponding to the characteristics owned. At present, however, the Seller cannot guarantee the perfect correspondence between the actual product and the image and colors displayed on the online site by the Customer. For the same reasons, the Seller cannot guarantee the exact correspondence between the colors of the "Graphic Draft" displayed on the Customer's monitor and the real ones resulting from the printing process. 

The Seller, therefore, expressly reserves a margin of tolerance in the possibility that the product has minimal differences in the characteristics of the materials, colors, sizes and positioning of the customizations (prints and/or embroidery).

The printing and embroidery colors used for the customizations are those present in the color chart attached to the graphic draft. The request for any different colors (pantoni, fluorescent, etc.) must be expressly specified by the Customer and will involve the application of an additional cost that will be indicated from time to time by the Seller based on the color variant. Any "quantitative" differences between what was ordered and what was executed by the Seller are allowed, unless otherwise agreed in writing, with a margin of tolerance of 5/7% with respect to the quantity indicated in the order. Since these are artisanal processes, "qualitative" differences are also allowed with a tolerance of 5/7% on the total of products ordered of the same type. On orders involving a plurality of items, the tolerance of 5/7% must be understood as referring to each individual type of product. Any complaints must be sent by email to [email protected] indicating the order number and attaching photos of the defective products.

ART. 11 AVAILABILITY and LIMITATIONS of LIABILITY

The type of products on the https://www.actionworks.it site and their availability may change at any time; the Client who accepts these general terms and conditions of sale, expressly exempts the Seller from liability for any change in availability, whether partial or total. 

In the event of unavailability of an item indicated as available at the time the Purchase Order is sent by the Customer, the Seller will promptly inform the Customer by e-mail that the product is not available and, in the event that the Customer does not wish to replace it with an available one, the amount paid at the time of purchase will be refunded. In any case, the Seller's liability for the unavailability of the products is excluded. 

By accepting the general terms and conditions of sale, the Parties agree that the Seller may not be held liable for damages of any nature or loss of earnings that the Client may suffer as a result of the failure to process the order or the non-delivery of the products ordered. Therefore, the non-acceptance, even partial, of an order cannot give rise to contractual or non-contractual liability on the part of the Seller, as the parties expressly exclude the right to compensation and/or indemnity for all direct or indirect damage to natural or legal persons and/or things, which the Customer may link to the non-acceptance of the Purchase Order. 

ART. 12 RIGHT OF WITHDRAWAL: EXCLUSION AND POSTPONEMENT.

Pursuant to and for the purposes of art. 59 of the Consumer Code, the right of withdrawal is always excluded for the supply of personalized goods. For professional customers and companies, the right of withdrawal is excluded, both for neutral and customized products. For the customer/consumer, reference is made to the various general terms and conditions of sale provided for in accordance with the Consumer Code, which also expressly regulate the right of withdrawal. 

ART. 13 PRIVACY AND COOKIES

A.L.G srls, owner of the https://www.visualcollection.it website, undertakes to respect the privacy of all Customers and Visitors who access the aforementioned site. The complete "privacy policy" of A.L.G srls can be found at the following link: https://www.actionworks.it privacy-policy. 

Before proceeding with the purchase of the products on the https://www.actionworks.it website, the Customer is obliged to read, accept and download the privacy policy without which it will not be possible to complete the purchase. 

All Customers/Visitors' data collected while browsing the website will be used and stored by A.L.G srls for the sole purpose of processing the order. No data will be transferred or brought to the attention of third parties in any way except for their own purposes and for the obligations imposed by the regulations in force in the performance of the assignment received. The Client also declares that he/she has consulted the information on the use of cookies, available at the following link: https://www.actionworks.it / privacy-policy, also in point of exceptions (the information collected by third parties is subject to their own privacy policies). 

ART.14 APPLICABLE LAW AND JURISDICTION

The parties declare that they choose the law of the Italian Republic as the law applicable to the contract and to the obligations arising from it, to which they make full reference for anything not expressly provided for in these contractual regulations. In particular, the contract is governed by the rules on electronic commerce (Legislative Decree no. 70/2003, implementing European Directive no. 2000/31/EC), by the Italian Civil Code and by all the rules of the Italian legal system applicable to it.  28 of the Code of Procedure. The parties also declare that any dispute that may arise in relation to the interpretation, execution or termination of this contract and the obligations or responsibilities deriving from it shall be subject to the exclusive jurisdiction of the Court of Ravenna, in whose district the Seller has a local operating unit. This is an exception to the ordinary territorial jurisdiction but also with the express exclusion of the optional courts for cases relating to rights of obligation (Article 20 of the Code of Civil Procedure).  

ART.15 SPECIFIC APPROVAL

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Client declares that he/she has carefully and specifically read and read the clauses and articles referred to below and that he/she expressly approves and accepts them: Art. 1) Object and conclusion of the Contract; Art. 2) Purchase and Order Confirmation; Art. 5) Delivery of products; Art. 6) Transport, exceptions and Express Services; Art. 8) Responsibility for the use of a motif covered by Copyright; Art. 10) Production Discrepancies: Techniques and Tolerances; Art. 11) Limitations of liability; Art. 12) Exclusion of the Right of Withdrawal; 14) Art. Applicable Law and Jurisdiction.