Purchases of Products and Services, as defined in point 1.3., made on www.labelado.com (hereinafter, the "Website") are governed by the following Terms and Conditions of Sale and Service (hereinafter, the "Sales Conditions"). At the end of the registration procedure and after a personal account has been created, by clicking on the "Register" button, the User accepts, without restrictions or reservations, the present Sales Conditions.
Labelado S.r.l. follows the ethic code of the Italian Association of E-commerce available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel.
1.1. Definitions - Scope of application
In these Conditions of Sale, the following terms can be defined as:
- "User": a person who browses the sections and pages of the Website, in the form of free browsing;
- "Customer": the User who, after completing the registration procedure and creating its personal account, proceeds to purchase, or, as the case may be, the Professional or the Consumer (as defined below) to which the present Conditions of Sale are addressed;
- "Consumer Code": the Italian Legislative Decree 6 September 2005, n. 206, and subsequent modifications and/or integrations;
- "Consumer": the natural person, making a purchase for purposes unrelated to a business, commercial, craft or professional activity possibly carried out, pursuant to Article 3, paragraph 1, letter a), of the Consumer Code;
- "Professional": the natural or legal person who makes a purchase in the exercise of its business, commercial, craft or professional activity, or his/her intermediary, pursuant to Article 3, paragraph 1, letter c), of the Consumer Code.
These Conditions of Sale shall apply to all contracts stipulated with Labelado; agreements on a different basis require written consent from Labelado. In any case, the Labelado’s response to a communication from a Professional that includes the conditions of sale applied by the Professional itself cannot be considered a written confirmation for any changes to these Conditions of Sale.
At the latest with the sending of an Order and the consequent taking charge of the same by Labelado, these Conditions of Sale are given for understood and fully accepted by the Customer.
1.2. Information on the Products and Services offered by the Website
The essential characteristics of the Products (hereinafter, the "Products", as defined in point 1.3.) and the Services (hereinafter, the "Services", as defined in point 1.3.) are shown on specific pages on the Website accompanied by photographic images and by related technical data, which the Customer can view before proceeding with the purchase. Labelado reserves the faculty to modify and/or adapt the information and the technical characteristics of the Products and Services, even without any prior notice.
Inside these pages of the Website, such as preliminary data with respect to the purchase process are also given the following information:
a) The availability and the final price of the Products and Services, including all taxes and duties on the Customer, with a separate VAT specification, and an indication of the total final price;
b) The additional costs, and the costs for delivery, depending on the method of delivery offered by the Website and chosen by the Customer at the time of the purchase, and any other additional cost depending on the cases, which are on the Customer, and from time to time duly clarified and specified;
c) The methods for payment, delivery of the Product and provision of the Service;
d) The duration of the validity of any offers and prices (even in the case of sales promotions, special and/or any discounts applied).
The presentation of the Products and Services on the Website, which is not binding for Labelado, represents a mere invitation addressed to the Customer to formulate a purchase contract proposal and not an offer to the public. The purchase Order sent by the Customer to Labelado through the Website has the value of a contract proposal and is governed by these Conditions of Sale, which are an integral part of the Order itself and that the Customer, by sending the Order to Labelado, is obliged to accept fully and without any reservation. Before proceeding with the purchase of the Products and Services, by sending the purchase order, the customer must read these Terms and Conditions of Sale carefully.
1.3. Products and Services offered by the Website
The Website allows the use of "Web-to-print" services (collectively, hereinafter, the "Services"), among which the printing of documents and graphics in various formats and on various media (collectively, hereinafter, the "Products") with home delivery, or with delivery to third parties through postal delivery services within and throughout the Italian and European territory. As a result of each contract stipulated through the Website, Labelado sells and the Customer purchases the Services, with all the specific technical characteristics referred to the relative Products indicated on the Website (hereinafter, the "Contract").
Services and Products presented on the Website represent only an invitation to the transmission of orders made by the Customer, pursuant to and for the purposes of Art. 1336 of the Italian Civil Code and do not constitute, therefore, neither an offer nor a proposal, binding for Labelado, which will take any decision regarding the acceptance of the orders formulated by the Customer.
By completing an Order (which requires the registration process to be completed and the creation of a personal account, the prior access by typing login and password, and the acceptance of these Conditions of Sale) (hereinafter, the "Order"), the Customer transmits a binding offer for the Order of the relevant Product or Service. Any agreement reached between Labelado and the Customer for the purpose of the execution of the Contract must be in a written form.
Unless otherwise specified, these Conditions of Sale apply to all Products and Services offered by the Website, where compatible.
To access to all Products and Services offered by the Website, excluding price quotations that are totally free, the User needs to register on the Website, and then create a personal account. During the registration process, Users will be asked to specify whether they will make purchases as a Professional/Company or Consumer/Private, specifying also their nationality. Only purchases of Products and Services made by private Customers (Consumers) will be subject to the rules applicable to consumers within the meaning of what is provided for by Legislative Decree 6 September 2005, n. 206 (hereinafter, "Consumer Code"), and subsequent additions and amendments.
The Customer undertakes to communicate and keep up-to-date, correct and truthful its personal data, necessary for the provision of the Services and for the shipment of the Products and, in general, for the execution of the obligations governed by this Contract, including its true and accurate e-mail address in order to allow Labelado to send the receipt of the Order containing the summary of information concerning the essential characteristics of the Services and Products purchased.
Labelado reserves the right to deactivate the password and the personal account of the Customer, or to stop him/her from using the service; by way of example, this option may be exercised in the case in which the Customer violates the Contract or acts in a manner inconsistent or contrary to the laws, contractual obligations and violates these Conditions of Sale. In particular, Labelado reserves the right, unquestionable and at any time, to terminate or suspend the use of the service, even without notice. The Customer is aware that any suspension or termination of its access to the service, in accordance with the provisions of these Conditions of Sale, may occur without notice, and that Labelado can immediately deactivate or cancel its personal account and all related information and files present in its personal account and/or deny any further access to such files or service. Furthermore, the Customer accepts that Labelado cannot be held responsible in any way for the interruption of access to the service.
1.4. Choice of the Product/Service and how to buy
The User can freely browse within the various sections and pages of the Website, and can proceed to a first price evaluation, without the need to register or authenticate: in particular, for the calculation of a brand new price quotation, it is necessary and sufficient that the User enters all the technical data required; for the calculation of the price quotation which follows an already existing one (anonymously published on the Website) it is necessary that the User, in some editable data fields that will be blocked (paper, form, and dimensions, as the basic characteristics that determine the starting price quotation) enters the data related to the required quantity, the number of products and any additional treatment specifically required.
After registering and authenticating, the User, through its personal account, can proceed with the purchase of the Services/Products with the characteristics defined above.
On the Website it is possible to follow a guided procedure, which, at any time, allows the Customer to verify and validate any inserted information and to correct any errors before the electronic form containing the Order is submitted and, therefore, the Contract is concluded. During the guided procedure it is always possible to verify the accuracy of the data entered thanks to a summary of the Order with total costs and expenses for the selected Products/Services that will be re-proposed also at the end of the procedure, prior to the shipment of the Order.
The Customer can find all the information relating to the Order in its "User Area", in "My Orders" section, and he/she will receive an e-mail summarizing the purchase made and the Contract concluded to the e-mail address that the Customer indicated during the registration phase on the Website.
The process of conclusion of the Contract requires confirmation of the correctness of all the data entered and automatically reports any errors arising from the omitted indication of mandatory data in the various editable fields of the Order electronic form.
Please note that the images contained on the Website are provided for illustrative and informative purposes only, and may be different from the appearance of the delivered Product.
Once the price quotation has been confirmed and the payment has been completed, as specified in the section Payment methods, the Customer will be asked to complete the Order by uploading the graphics to be printed in the "My Orders" section (so-called "References").
The Customer remains the only person responsible for verifying the contents, the spelling and the graphic choice of the uploaded files, not providing Labelado any control of this type.
1.5. The Customer’s responsibility on uploaded contents
The Customer assumes full responsibility for the ownership of the contents, writings, logos and other material necessary for the realization of the Product and ensures that the same are in its legitimate availability, are not contrary to laws and regulations in force and do not violate any copyright, trademark, distinctive sign, patent and/or other rights of third parties deriving from the law, contract and/or custom and uses.
The selection of contents and images to be printed, as well as the acquisition of the relevant authorizations to their reproduction, where necessary, as well as - in the case of shipment - the use of the personal information about the intended recipients, remain, therefore, the exclusive responsibility of the Customers. Labelado will not verify, in any case, the contents, if not relative and limited to technical specifications and graphics compatibility with the required specifications, as detailed in point 1.6.
Labelado cannot in any way be held responsible for the unauthorized use of images by Customers and for any type of violation of the rights of third parties, of any nature, including therefore copyright, intellectual and industrial property rights and rights of commercial exploitation of brands, logos, etc., over existing ones.
The Customer therefore exonerates Labelado, also pledging to keep it undamaged and relieve it, from any direct and indirect responsibility towards third parties who complain about violations of intellectual property rights, image damage, honour, decorum, moral integrity or any other pecuniary and non-pecuniary damage, direct and indirect, consequent to the printing of images and contents uploaded by the Customer, as well as - in the case of shipment - consequent to the use of personal information and/or receipt of the Products by the recipients of the service.
Labelado reserves, in any case, the right to block and cancel any Order that involves a clear violation of intellectual property rights of third parties or otherwise whose contents are manifestly defamatory, violent, pornographic, or contrary to the laws, to the public order and good morals.
The Customer guarantees, also, that the object of the Order (and in particular the text, data and images/graphics choices) does not infringe any copyright, trademark, patent or other intellectual rights of third parties, as well as any residual type of third party rights, including personal rights.
The Customer shall indemnify Labelado, upon first request, from third parties claims and undertakes to compensate any direct or indirect damage, including costs for legal and technical defence (legal fees, court fees, etc.).
The Customer is aware that "Labelado" is a registered trademark owned by Labelado s.r.l. and undertakes not to use this mark in any way or the logo related to it.
1.6. Automatic and operator’s verification of the uploaded files
Labelado carries out a verification activity of all files uploaded by the Customer, both through a preliminary automatic verification system concerning formats, dimensions, resolution and possible presence of open fonts, font verification and conversion of these into tracks, and through a skilled operator who will proceed to a graphic verification of levels, outline traces, safety margins, and distance of the graphic elements from the print edge.
In case of non-compliance of the file sent by the Customer, the system will proceed to block the Order. In this case, the Customer will be notified by e-mail and asked to proceed with the loading of a new file, duly correct, with subsequent postponement of the delivery date. In any case, the verification system managed by the operator and concerning the uploaded files does not include a complete control of the layout, spelling or any missing photos.
The Customer will have the opportunity to carry out a final check of the file and approve the final Order before the production. From the file upload it will take two (2) working days to guarantee the necessary time for the creation of the executive printing and the aforementioned final approval by the Customer.
At the end of the aforementioned two (2) working days, if the express approval has not been made by the Customer, the file will be deemed as approved, and consequently Labelado will proceed with the production and sending of the Product.
In the event that the Customer, upon uploading the file, becomes aware of errors in the text, or in general he/she notices any problems and/or oversights, he/she must immediately contact the assistance by sending an e-mail to the following address firstname.lastname@example.org, and, at the same time, sending the correct file.
In case the graphics are rejected, it will be Labelado's responsibility to modify the file and send the new draft to the Customer. It is possible to change the file only two (2) times after the non-approval of Labelado and within the limit of two (2) days after the first upload.
Files received after 12:00 will be taken in charge on the next working day.
In any case, the verification system made by the operator and concerning the uploaded files does not include a comprehensive control of the layout, spelling, or any missing photos inside the uploaded file.
1.7. Consumer’s right of withdrawal or "rethinking" right
The right of withdrawal is excluded in the event that the Customer is a non-consumer subject, in accordance with the current legislation, and therefore has acted, in the conclusion of the Contract, as a Professional in the exercise of its business, commercial, craft or professional activity.
Otherwise, under the right of withdrawal recognized by Article 52 and ss. of the Consumer Code, the Customer, in the case in which he acts as a Consumer, accordingly to the definition provided by Article 3, paragraph 1, letter a) of the Consumer Code, has the right to withdraw the Contract, without indicating any reasons, within fourteen (14) days from the effective receipt of the goods object of the Order completed on the Website: the period for exercising the right of withdrawal ends, therefore, after fourteen (14) days "(...) from the day on which the consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods "(Article 52, paragraph 2, letter b) of the Consumer Code). In order to usefully exercise the right of withdrawal, the Consumer is required, within the aforementioned deadline, to inform Labelado of his decision to withdraw from the Contract, by means of a written communication to be sent by registered letter with return receipt, or by e-mail, or by using the standard letter or online form such as the one referred to in Annex I, part B - Article 54 of D.Lgs. 206/2005 (Consumer Code) amended by D.Lgs. 21/2014 -, at the following addresses:
Labelado S.r.l. - Via Cerrato, n. 1 - 12051 Alba (CN) - Italia
In order to comply with the withdrawal deadline, it is sufficient that the communication concerning the exercise of the right of withdrawal is sent by the Consumer to one of the aforementioned addresses before the deadline of the withdrawal period.
With regard to the effects of exercising the right of withdrawal, if the Consumer effectively withdraws from the Contract, Labelado will reimburse all the payments that the Consumer has made up to that date, including shipping costs, without undue delay and in any case no later than fourteen (14) days from the day in which Labelado is informed of the Consumer's decision to withdraw from the Contract. These refunds will be made using the same means of payment used for the initial transaction, i.e. via PayPal, unless otherwise expressly agreed; in any case, Labelado will not incur in any upper costs as a consequence of such reimbursement.
The Consumer must send the goods or in any case actually ship them back to Labelado without undue delay, and in any case within fourteen (14) days from the day on which he has effectively exercised his right to withdraw from the Contract. The deadline is met if the Consumer sends back the goods before the deadline of the 14-day period, as specified above. The costs of returning the Products are charged to the Consumer (Article 57, paragraph 1, of the Consumer Code).
Pursuant to Article 56, paragraph 3, of the Consumer Code, Labelado is entitled to withhold the refunding of payments until it has received the Products or until the Consumer has demonstrated that he has returned the Products, depending on which situation occurs first.
According to Article 57, "The Consumer shall only be liable for any diminished value of the goods resulting from the handling of goods other than that necessary to determine the nature, characteristics and functioning of goods ".
Pursuant to Article 59 of the Consumer Code, the right of withdrawal pursuant from Articles 52 to Article 58 of the Consumer Code for contracts negotiated away from business premises (so called “distance contracts”) is excluded in relation to:
a) service contracts after the complete provision of the service if the execution began with the express agreement of the Consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the Contract by the professional;
b) the supply of goods or services whose price is linked to fluctuations in the financial market that the trader is not able to control and which may occur during the withdrawal period;
c) the supply of custom fit or clearly personalized goods;
d) the supply of goods that are liable to deteriorate or expire rapidly;
e) the supply of sealed goods that cannot be returned for hygienic reasons or related to health protection and have been opened after delivery;
f) the supply of goods which, after the delivery, are, by their nature, inseparably mixed with other goods;
g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the sales contract, whose delivery can take place only after thirty days and
whose actual value depends on fluctuations on the market that cannot be controlled by the professional;
h) contracts in which the Consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repairs or maintenance work. If, on the occasion of such a visit, the professional provides services in addition to those specifically requested by the Consumer or goods other than the spare parts necessary for maintenance or repairs, the right of withdrawal applies to such additional services or goods;
i) the provision of sealed audio or video recordings or sealed computer software that has been opened after delivery;
j) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the provision of such publications;
k) contracts concluded at a public auction;
l) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance;
m) the provision of digital content through non-material support if the execution began with the express agreement of the Consumer and with the acceptance of the fact that in that case he/she would lose the right of withdrawal.
Therefore, the right of withdrawal, in any case, does not apply to the so called “distance contracts” for the supply of non-prefabricated goods and packaged on the basis of specific Consumer’s requests or clearly custom fit or tailored to personal needs. If the manufacture of custom-made products takes place on the Website, there is therefore no right of legal withdrawal. A contractual right of withdrawal is not even recognized.
The right of withdrawal is terminated in advance if Labelado, at the express request of the Consumer, has started the execution of the Contract with acceptance of the loss of this right.
The Customer who acts in the exercise of his business, commercial, craft or professional activity, is not granted any right of withdrawal, either legal or contractual.
Labelado fully complies with the rules laid down by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”), and by Legislative Decree 196/2003, as modified by Legislative Decree 101/2018, as well as all the provisions in the matter provided by legal sources and supervisory authorities, both Italian and European.
In particular, the personal data that are requested to the User during the registration process and the creation of its personal account are necessary for the Order to be acquired and the Contract to be concluded, and will be processed with the methods and purposes all better specified and provided by in the dedicated page of this Website.
3. Applicable law, jurisdiction and competent Court
These Conditions of Sale are subject to the Italian law and jurisdiction.
For Orders set by individuals that are not qualified as "Consumers" - for which the competent Court will be that by reason of the elected domicile of the Consumer itself - all disputes relating to the interpretation and/or execution of this Contract will be the exclusive competence of the Court of Asti.
The Consumer resident in the European Union must be aware of the fact that the European Commission has set up an online platform that provides an instrument of alternative dispute resolution (ADR). This tool can be used by the European Consumer to resolve in a non judicial way every dispute relating to and/or resulting from contracts for the sale of products and services concluded in the Web. Consequently, the Consumer will be able to use this platform for the resolution of any dispute arising from the Contract with Labelado. The European Platform ADR is available here. at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
Document updated to 25/10/2018
The "Terms and Conditions of Use of the Website" and the "Terms and Conditions of Sale and Service", and any subsequent modifications that Labelado should carry out, are not retroactive to the date of the update. Labelado reserves the right to carry out changes to the "Terms and Conditions of Use of the Website" and to the "Terms and Conditions of Sale and Service" at any time and without notice; the Customer may check the current text of the same at any time, taking note of them as they are updated from time to time.