Labelado will not be liable to the Customer for loss or damages of any kind, either direct or indirect, arising from any errors, of any nature, in the printing of the file sent by the Customer or arising from the receipt of the wrong material, or arising from improper/anomalous use of the Product or Service, except intent or gross negligence.
Labelado delivers to the Customer a Product conforming to the Order and to the Contract - and, therefore, delivers a Product conforming to the description made by Labelado on the Website and suitable for its use and the presented qualities; Labelado guarantees the Products against defects of materials and workmanship at the time of delivery, and undertakes to replace the defective Products at no cost to the Customer.
In any case, the warranty of Labelado shall be limited to the replacement of the Product that will be recognized as defective, and cannot give rise to any claims for damages, including any liability for direct or indirect damages, material and immaterial, predictable and unpredictable, regardless of its origin, including, but not limited to, any liability for loss of anticipated profits, any financial charges, loss of income, etc.
The warranty is not applicable, and therefore is excluded, if:
- at the time of conclusion of the Contract, the Customer was aware of the defect of the Product, or could not ignore it with the ordinary diligence, or the lack of conformity derives from instructions or materials provided by the Customer, and in particular from files transmitted in format ".pdf" containing errors;
- the lack of conformity does not originate, in the sense that it did not exist, at the time of the delivery of the Product, but occurred due to a cause that is not attributable to Labelado, including the reasons due to delays in the shipment, or for conformity defects, imputable to the carrier, who is responsible for the loss or failure of the items delivered to him for the transportation, from the moment in which he receives them to the moment in which he returns them to the Customer, if he does not prove that the loss is due to fortuitous events or force majeure;
- the lack of conformity was recognized or recognizable by the Customer, but the Customer accepted the Product, in the sense that, at the time of delivery, he received it without any reservation or without proceeding with the verification;
- the Customer uses the Product after sending the complaint;
- the defect occurs because the Customer has not followed the instructions for storage, installation, use and maintenance of the Product, as specified below;
- the Customer has modified the Product received without any written consent made by Labelado;
- the delivered Product has subsequently undergone a modification; that modification caused a defect.
In the event of printing errors not attributable to the Customer or delivery of a defective or damaged Product, Labelado will only be required to perform a single reprint of the material, or, only upon specific request of the Customer, to refund any amount paid, but in any case no more valuable than the value of the Order. At the time of delivery, the Customer is required to carefully examine the Product received. Any defects in the goods delivered, errors in printing or packaging of the material not attributable to the Customer, must be reported immediately to the carrier or to the customer service assistance of Labelado, by sending an e-mail to the address: email@example.com. The goods must be collected by signing a specific reserve. The Customer must then set an alert through his "User Area" in the "My Orders/Assistance" section, taking care to attach the photographic documentation, within the deadline time for reporting the defects, as specified below.
Labelado undertakes to reply to the reports received within one (1) day from the receipt of the same.
In case of defective or faulty Products, the delivery costs for the replacement of the Product are charged to Labelado.
In case of non-execution of the Order due to unavailability, even temporary, of the requested Product or Service, Labelado will promptly inform the Customer by providing:
a) to fulfil by carrying out a different supply from the one agreed, of equivalent or superior value and quality, where the Customer expressly accepts it, through the specific "Assistance" section of the "User Area" (for example, in the event of a temporary lack of availability of the type of paper requested by the Customer, Labelado, if expressly accepted by the Customer, is available to make a supply of equal value, using an alternative type of paper);
b) the refund of any sums already paid for the payment of the supply, in the event that the Customer does not intend to accept a different supply from that agreed, of equivalent or higher value and quality.
Labelado will respond only for any faults and defects of conformity of the Products and Services that are reported, under penalty of civil forfeiture, within sixty (60) days of discovery, if purchased by the Consumer, and within eight (8) days of discovery, if purchased by the Professional, within the warranty period as specified below.
In case of purchases made by a Customer, qualifiable as a Professional, Labelado cannot be held responsible for defects that do not diminish the value of the goods if not marginally and do not compromise their functionality and suitability for the intended use.
In all cases, information on a given production process will not be binding. The use of a given production process (offset, digital printing, etc.) is not guaranteed and the choice of a production process, at the unchallengeable decision of the Labelado, cannot be a reason for dispute.
Any faults relating to a part of the delivered goods do not allow the whole delivery to be contested.
In the event that the complaint of defects is accepted, the defective goods must be returned, except in the case in which the parties agree to reduce the price.
In the case of purchases made by a Customer qualifying as a Consumer, the applicable provisions are the ones provided by Articles 129 and ss. of the Consumer Code.
The warranty of the Product is valid only if the labels have been stored by the Customer according to the storage conditions established by the FINAT - European Association for self-adhesive label industry, namely:
(i) self-adhesive labels must be stored in an appropriate place with a temperature of about 20/22 degrees Celsius and relative humidity of 40-50%;
(ii) self-adhesive labels must remain in their original packaging, away from sunlight until use.
Given what has just been specified, Labelado is only responsible for the original defects and faults of the Products, and not for those deriving from the failure of a proper storage and of an incorrect use. Labelado recognizes, as a legal warranty - for the Consumer, the maximum term of twenty-four (24) months from delivery of the Product - and for the Professional, the maximum term of twelve (12) months from delivery of the Product.
The Customer cannot be challenged by minor differences with respect to the original that could occur in all the production processes.
In particular, this applies to:
- differences detected by the Customer with respect to the rendering colour of the Product, if these differences depend on the monitor used to create the file. In the absence of calibrated professional screens and/or certified colour tests, the real colour of the printed design does not necessarily coincide with those displayed on the monitor used for the realization;
- slight differences in colour between two or more Orders;
- slight differences in colour compared to a previous Order;
The same rule applies, for reasons related to the technology specifically used, for the comparison between different original models, such as drafts and print output, and the final product.
In the event that the nature of the material used does not correspond to that of the Order, Labelado responds only to the value of the Order.
Labelado has no obligation to deliver intermediate production means, such as data or typographic plates, which are used for the production of the finished product. Exceptions are possible, which must have the written form.
For anything not expressly provided for, reference should be made to the provisions of the law, as applicable, of the Italian Civil Code and of the Consumer Code.