General terms and conditions of sale

GENERAL INFORMATION

These General Terms and Conditions of Sale refer to HQS products purchased online from the website www.hqs-colors.com belonging to Colorpack s.r.l. with registered office in Solaro (MI), 20020, in Via Benvenuto Cellini 26. Every purchase shall be regulated by the provisions set out in Legislative Decree 185/99, L.D. 206/05; the information used to enter into contract shall be subject to art. 12, L.D. 70/03 and, in relation to the safeguarding of confidentiality, shall be subject to the New European Regulation GDPR (EU) 2016/679.

ENTRY INTO CONTRACT AND ACCEPTANCE OF GENERAL TERMS OF SALE

Contracts for the sale of products on the website www.hqs-colors.com shall be deemed to have been entered into once the purchase order submitted by the customer has been received and accepted by Colorpack s.r.l. Colorpack s.r.l shall then promptly send the customer the receipt for the purchase order submitted by the customer.

The customer, by electronically submitting the purchase order, declares to have read and accepted the general terms of contract set out in this document, which they undertake to observe and comply with in their relations with Colorpack s.r.l.

PROTECTION OF CONFIDENTIALITY AND PERSONAL DATA PROCESSING

Colorpack S.r.l. protects the privacy of its customers and guarantees that its data processing complies with the provisions of Regulation (EU) 2016/679(GDPR).

The buyer declares to have read the privacy policy pursuant to articles 13 and 14 of the Regulation (EU) 2016/679 (GDPR) available on the website www.hqs-colors.com and, by accepting these general terms, provides their consent for the processing of their personal data in accordance with the purposes and means indicated in the aforementioned privacy policy. 

The buyer’s data, directly or indirectly acquired by the seller, shall be collected and processed in paper, computerised or electronic form, exclusively for the purpose of enabling the fulfilment of the purchase orders. The data acquired by the seller shall be kept for a period of time no longer than that necessary for the purposes for which it was collected and subsequently processed. For anything not expressly provided for herein, see the aforementioned privacy policy that the buyer declares to have read, viewed and understood. 

CUSTOMER OBLIGATIONS

The Customer is required, prior to submitting their purchase order, to carefully read these general terms of sale. The submission of the purchase order implies their full knowledge and acceptance thereof.

Lastly, the Customer is required, once the online purchase procedure has been completed, to print and keep these general terms of sale, which were read and accepted when entering into contract.

DEFINITION OF ORDER

By submitting the online order, the Customer transmits to Colorpack s.r.l. a proposal to purchase the product and/or products added to their cart. When the Customer places an online order for products they have added to their cart, they accept to purchase them at the price and terms and conditions expressed in these General Terms of Sale.

Colorpack s.r.l. shall notify the Customer of the acceptance and confirmation of the order.

In particular, Colorpack s.r.l. shall not accept orders:

if at the time of the order, the material is not in stock;

if the Customer cannot or does not wish to pay via credit card (Paypal), bank transfer or cash on delivery.

Orders can be placed via the website www.hqs-colors.com at the prices and conditions stated therein, or at authorised dealers.

METHOD OF PURCHASE

The customer purchases the product, the characteristics of which are illustrated online in the relative descriptive and technical data sheets, at the price indicated therein plus the delivery costs specified on the website. (any charges for cash on delivery payments are excluded).

Before submitting the purchase order, a summary is provided of the unit cost of each selected product and the total cost if multiple products are purchased, as well as the relative delivery costs. Once the purchase order has been submitted, the customer will receive an email from Colorpack s.r.l. confirming receipt of the purchase order and containing information relating to the main characteristics of the purchased good, a detailed breakdown of the price, delivery costs, applicable taxes and the payment methods, and also containing a reference to the general terms of contract and to information relating to the existence of the right of withdrawal, and the terms and methods of exercising said right displayed on the website. The approval of Legislative Decree n. 223 of 4 July 2006 “manovra bis” Art. 37 paragraphs 8 and 9, converted into Law 248 of 4 August 2006, which came into effect on 12 August 2006, which reinstates the obligation to communicate the list of customers and suppliers when issuing an invoice, and of Legislative Decree 78 of 31 May 2010 converted into Law 122 of 30 July 2010, requires customers to provide their VAT NUMBER and TAX CODE in the relative fields on the website.

PAYMENT

The customer can choose one of the following payment methods:

Payment by credit card: If the consumer intends to pay by credit card, they can use the PayPal payment procedure, which ensures the confidentiality of information provided by customers. For all information and further Legal Agreements, the Customer is kindly requested to consult the website www.paypal.com.

Payment by cash on delivery: Payment by cash on delivery is accepted only if payment is made by cash or bank draft; therefore, pursuant to and for the intents and purposes of art. 1197 of the Italian Civil Code, payment by bank cheque will not be accepted. Payment by cash on delivery shall be subject to a surcharge, which will be communicated to the customer after each placed order. Said surcharge is to be attributed solely to the Courier selected and utilised by Colorpack S.r.l. Precision Mechanics.

Payment by bank transfer: Payment by bank transfer can be made using the following bank details: IBAN: IT60M0569620400000005062X57– Account name: Colorpack s.r.l

In the event of payment by bank transfer, the purchased good will be shipped using the methods indicated in the paragraph below, “Product Delivery”, at the address indicated by the customer following receipt of the credit transfer, and therefore within two/five days after making the bank transfer (the timing will vary depending on the Credit Institute used). To facilitate the process, the payment receipt together with your order number can be sent via Fax to: 02-9691714 or via email to: info@colorpack.com.

PRODUCT DELIVERY

The purchased good, together with the relative invoice, shall be delivered via courier to the address specified by the Customer when placing the online order. Any specific needs must be communicated to Colorpack s.r.l by the customer.

Colorpack s.r.l. guarantees delivery of the goods within 5 (five) working days from the date confirmation of the successful transaction is received. (For payment by cash on delivery, the 5 days will be counted from the date the order is received via email). If the customer chooses the cash on delivery payment method, the payment must be made solely in cash or by bank draft, to be handed over directly to the courier upon receipt of the goods.

In the event of non-delivery due to the absence of the recipient at the address indicated by the latter in the order, the courier shall leave a notice and make a second attempt at delivery; in the event the recipient is still absent, the goods shall be returned to the sender (Colorpack s.r.l.).

GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS

Products purchased on the website www.hqs-colors.com are subject to regulations on the sale of consumer goods. The delivered products comply with the characteristics illustrated online in the relative descriptive and technical data sheets. Colorpack s.r.l. is liable towards the customer for conformity defects existing at the time of delivery of the good.

RIGHT OF WITHDRAWAL

The consumer has the right to exercise the right of withdrawal. In particular, the consumer has the right to withdraw from any contract entered into with Colorpack s.r.l. without penalty and without specifying the reason within 14 (fourteen) working days from the date of receipt of the goods.

The consumer’s right of withdrawal is recognised in respect of any goods purchased by the consumer on the website www.hqs-colors.com.

METHODS OF EXERCISING THE RIGHT OF WITHDRAWAL

The right of withdrawal can be exercised, within the terms specified above, by sending a declaration of withdrawal to Colorpack s.r.l. Via B. Cellini 26 – 20030 Solaro (MI) via registered letter with return receipt, or, again within the terms specified above, by submitting the form in Annex 1, duly completed and signed, to the email address: info@colorpack.com (in compliance with the requirements of art. 49 letter h of the Italian Consumer Code), provided the withdrawal email is followed by a registered letter with return receipt.

Notice of withdrawal can also be provided in advance, within the same terms, by sending a telegram or Fax to 02 9691714, provided it is followed by a registered letter with return receipt.

If the goods have been delivered, the customer is required to return them to Colorpack s.r.l. within 14 (fourteen) working days from the date of receipt of the goods. Said term shall be deemed to have been respected, pursuant to art. 56 of the Italian Consumer Code, only if the goods are shipped before the expiry of said term (based on proof of delivery to the post office or courier within the established terms).

The goods shall be returned to Colorpack s.r.l. complete with all accessories, the instruction manuals and all else originally delivered to the customer, and shall be packed in their original packaging. A copy of the electronic order receipt shall be attached to the returned products. The cost of returning the goods to Colorpack s.r.l. shall be borne by the customer.

Only if the right of withdrawal is exercised by the customer in compliance with the provisions set out in this clause, shall Colorpack s.r.l. be required to refund the sums paid by the customer. 

Colorpack s.r.l. shall then proceed to issue a credit order, free of charge, for the cost of the shipped goods inclusive of shipping costs within 14 (fourteen) days from the date of receipt of the notice of withdrawal by the customer. This operation shall be carried out by the issuing institution of the credit card used to make the payment, or by crediting the amount to the bank account indicated by the customer. To this end, pursuant to art. 56, paragraph 3 of the Italian Consumer Code, the seller may withhold the refund until the goods have been received or until such time as the consumer demonstrates to have shipped the goods, whichever situation occurs first.

Colorpack s.r.l. has the right to reject any products that are not returned in compliance with the above, as well as any products for which the customer has not paid the return costs in full, or in the event of failure to comply with the specified methods and time frames for exercising the right of withdrawal.

The seller, upon receipt of the returned goods, may evaluate and eventually inspect the objects and, if it is ascertained that damage causing a reduction in value occurred after delivery of the goods to the customer, the latter shall answer for said damage insofar as liable.

EXPRESS TERMINATION CLAUSE

In the event of total or partial non-payment of the purchase price of the goods, Colorpack s.r.l. reserves the right, pursuant to and for the intents and purposes of art. 1456 of the Italian Civil Code, to terminate this contract by sending written communication to the customer’s email address.

CLAIMS

For all claims or clarifications, the customer is invited to contact 02 9690664 or write to the email address info@hqs-colors.com.

APPLICABLE LAW AND JURISDICTION

This contract is governed by Italian Law.

Any disputes that may arise with the customer/consumer relating to the application, interpretation and fulfilment of the contract shall be deferred to the jurisdiction of the Judicial Authority in the place of residence or domicile of the customer/consumer, in compliance with the provisions of the Italian Consumer Code. The Court of Milan shall, on the other hand, have exclusive jurisdiction in the event the contract is entered into with a customer/professional.

REFERRAL CLAUSE

For anything not governed or otherwise by this contract, Italian law shall apply.