Terms and conditions

General

These general terms and conditions of sale apply only to business relationships established between Flex S.r.l., whose registered office is at 11 Via G. Bargnani, Brescia with VAT number 03109290175, referred to hereinafter as “FLEX”, and anyone shopping online through our easy.flex.it website, referred to hereinafter as “CUSTOMER”. These terms and conditions are subject to change at any time, and the date of online publication indicates their effective date.

These terms and conditions of sale govern purchases made through our easy.flex.it website, in accordance with articles 50 et seq. of Italian Legislative Decree no. 206 of 6th September 2005, Consumer Code, section II, subsection I, Title 3, Part Three, to which reference is made, as provided by art. 60 of the Consumer Code.

ARTICLE 1 - Scope

Under these general terms and conditions of sale, FLEX sells and the CUSTOMER purchases at a distance the movable tangible goods on sale in the easy.flex.it website. The contract is only executed on the Internet, when the CUSTOMER logs to the easy.flex.it address and places a purchase order in accordance with the procedure set out in the website.

ARTICLE 2 – Contract execution and effectiveness

1. The sale is deemed completed when FLEX sends the CUSTOMER an email confirming the order. The email contains details of the CUSTOMER and the order, the price of the goods purchased, the cost of transport and the address to which the goods are to be sent. The CUSTOMER agrees to verify that the data it contains is correct, and to notify FLEX of any inconsistencies.

2. FLEX agrees to describe and present the items sold through the website in the best possible way. However, there may be errors, inaccuracies or minor differences between the product shown on the website and the real product. The photographs of products shown on the easy.flex.it website are merely indicative and cannot be considered as a contract material element.

ARTICLE 3 – Method of payment

1. Each payment by the CUSTOMER can be made by credit card (Visa and Mastercard), Postepay, PayPal or advance bank transfer.

Whatever the method of payment chosen, the CUSTOMER is required to enter in the order form a valid telephone number or email address for communication purposes in relation to the execution of the order.

Credit card (Visa, MasterCard) or Postepay

If a purchase is paid for by credit card, through the Virtual Pay POS service, the reference bank shall, on executing the online purchase contract, only authorize the payment of the amount relating to the purchase made and secure the ceiling required for the purchase.

The actual amount will be charged on the CUSTOMER’s credit card only upon acceptance of payment by FLEX.

The credit cards accepted are all those on the Visa and MasterCard circuits.

If the CUSTOMER exercises the right of withdrawal, pursuant to Italian Legislative Decree no. 206/2005, or FLEX does not confirm the order, FLEX will immediately cancel the transaction and release the amount secured. The time required to release the amount secured may vary with the type of card and depends solely on the banking system, and may even coincide with the natural expiry of the credit card.

Upon cancellation of the transaction, FLEX may in no way he held liable for any direct or indirect damages caused by delays in crediting the refunded payment on the part of the banking system.

Each purchase is made with the utmost level of security thanks to the use of the most up-to-date security programmes equipped with a SSL security system, which prevents interception or alteration of credit card data. The system is also equipped with 3D-secure security protocols, which have been developed to ensure better protection of online purchases through verification of credit card ownership. You can find more information on the Verified by Visa and Mastercard SecureCode websites.

FLEX reserves the right to ask the CUSTOMER for additional information (e.g. landline telephone number) or to send copies of documents proving ownership of the credit card used. The CUSTOMER acknowledges that – in the absence of the required documents – the order cannot be accepted.

At no time during the purchase process does FLEX have access to CUSTOMER’s credit card information, which is sent via protected connection directly to the bank handling the transaction. As there is no data transmission, there is no risk for the data to be intercepted. No electronic database belonging to FLEX will retain such information. FLEX shall not, in any event, be held liable for any fraudulent or unlawful use of credit cards by third parties upon payment of Products purchased through the website.

The order will only be processed upon actual acceptance of payment on the part of FLEX. If the goods ordered are available from stock, they will be sent within 24-48 working hours of the day on which the payment has been credited or as soon as they are available, which is expected to be 20 working days, or longer in exceptional cases only, which the CUSTOMER hereby accepts.

FLEX disclaims all liabilities in relation to delays in crediting payment and, consequently, in delivery, which are caused by the Virtual Pay POS service. FLEX cannot be held liable for delays, damages and/or loss of goods caused by the forwarding company.

If the banking institution informs FLEX of any irregularities relating to the credit card used, FLEX will cancel the order and inform the CUSTOMER thereof via email.

PayPal

When buying products with payment through PayPal, upon execution of the online purchase, the PayPal system – in accordance with the rules and regulations of the issuer of the buyer’s credit card – will authorize the obligation only for the amount relating to the purchase made.

The CUSTOMER’s credit card will be charged only upon acceptance by FLEX of the payment in question.

If the CUSTOMER exercises the right of withdrawal, pursuant to Italian Legislative Decree no. 206/2005, or FLEX does not confirm the order, FLEX will immediately cancel the transaction and release the amount secured. The time required to release the amount secured may vary with the types of card linked to PayPal and depends solely on the banking system, and may even coincide with the natural expiry of the credit card.

Each purchase is made with the utmost level of security thanks to the most up-to-date security programmes used by the PayPal payment system. Further information can be found on the PayPal website.

At no time during the purchase process does FLEX have access to CUSTOMER’s credit card information, which is sent via protected connection directly to the bank handling the transaction. No electronic database belonging to FLEX will retain such information. FLEX shall not, in any event, be held liable for any fraudulent or unlawful use of credit cards by third parties upon payment of Products purchased through the website.

FLEX disclaims all liabilities in relation to delays in crediting payment and, consequently, in delivery, which are caused by PayPal services. FLEX cannot be held liable for delays, damages and/or loss of goods caused by the forwarding company.

If the banking institution informs FLEX of any irregularities relating to the credit card used, FLEX will cancel the order and inform the CUSTOMER thereof via email.

Advance bank transfer

When buying products through advance bank transfer, upon execution of the online purchase, the CUSTOMER agrees to arrange for the transfer of the amount of the purchase in advance of the delivery within 5 working days of the date of the order, after which term if the transfer is not effected, the order will be automatically cancelled.

If the CUSTOMER exercises the right of withdrawal, pursuant to Italian Legislative Decree no. 206/2005, or FLEX does not confirm the order, FLEX will immediately cancel the transaction and release the amount paid. The time required to refund the amount paid depends solely on the banking system, and it may even coincide with its natural expiry.

All communications relating to payment and details sent by CUSTOMER on payment are processed through protected lines and with all the guarantees provided by the use of the security protocols put in place by the payment circuits.

Details of the bank to which the transfer is to be made are as follows:

Current account holder: Flex S.r.l.

IBAN: IT 47 F 08692 11209 035000350963

The main data to be entered in the reference field is the order number and CUSTOMER’s details.

FLEX disclaims all liabilities for any delays in crediting payments due to postal or banking services. FLEX cannot be held liable for delays, damages and/or loss of goods caused by the forwarding company.

ARTICLE 4 - Prices

1. All the selling prices of the products shown and specified on the easy.flex.it website are expressed in EUR and include VAT where specified.

2. Shipping costs are not included in the purchase price. They will be indicated and calculated on completion of the purchase process, prior to payment. The shipping costs are determined according to the amount of the purchase, the weight and the volume of the package. With the exception of bulky items, multiple items can be grouped in a single shipment, which results in lower shipping costs and hence in cost savings for the CUSTOMER.

3. The CUSTOMER acknowledges and accepts FLEX’s right to modify the prices at any time. The goods are therefore billed according to the prices shown on the website at the time of order and confirmed by email sent by FLEX as order confirmation.

4. Some products entail an extra shipping cost, which will be specified at the time of the order. Products subject to extra transport charges are those of a higher volume and weight, or ones difficult to pack together with other items due to their fragile nature or the type of packaging.

5. The shipment can be covered by insurance at an additional fee. The cost of this service is calculated according to the value of the goods purchased and is specified at the time of the order. The CUSTOMER acknowledges and accepts that FLEX is not responsible for damage and/or loss of uninsured packages during transport.

ARTICLE 5 – Receipt of goods

1. On delivery of the goods, the CUSTOMER undertakes to check:

- that the number of packs delivered coincides with that specified in the transport document;

- that the packaging is intact and not altered in any way, including the closing strips.

2. In case of tampering and/or breakage, the CUSTOMER shall immediately contest the shipment, by adding the wording “SUBJECT TO INSPECTION OF GOODS DUE TO (specify reason)” on the delivery document received from the courier.

If, following the delivery, the CUSTOMER has to report any transit damage, this must be done within the term of 2 (two) days of receipt of the goods, in accordance with the procedure set out by the entity that handled the shipment and delivery of the goods.

ARTICLE 6 – Delivery time

The goods are shipped through a courier according to standard delivery methods. Couriers do not deliver goods on Saturdays and Sundays or on public holidays.

The CUSTOMER acknowledges and accepts that FLEX is not responsible for delays, damage and/or loss of uninsured packages during transport.

ARTICLE 7 – Right of withdrawal

The sale of FLEX products through the Internet is identified as a distance contract and as such is regulated in accordance with Italian Legislative Decree no. 206/05 (arts. 50-68) on distance contracts, that is those made outside commercial premises. If the CUSTOMER is a consumer (i.e. a person who buys goods for purposes not relating to his/her professional activity, or does not indicate a VAT number in the order form sent to FLEX), he/she may withdraw from the purchase contract for any reason, without the obligation to provide an explanation and without this entailing any penalty, within the period allowed by law. In exercising this right, the CUSTOMER shall send FLEX a written communication within 10 working days of the date of receipt of the goods purchased from Flex S.r.l., whose registered office is at 11 Via G. Bargnani, 25135 Brescia (BS), as specified below.

The notice of withdrawal must be sent by registered letter with return receipt to Flex S.r.l., 11 Via G. Bargnani, 25135 Brescia (BS) or by cable or fax sent within the above term by recorded delivery. Upon receipt of the notice of withdrawal, FLEX Customer Care Service will immediately inform the CUSTOMER, either by email or telephone, on how to return the goods. The CUSTOMER shall make sure to specify on the delivery pack his/her personal details, i.e. name, surname, address and telephone number. In any case the goods must be returned with the term prescribed by law, i.e. 10 (ten) working days of receipt of the goods by the CUSTOMER.

The right of withdrawal is however subject to the following conditions:

- it applies to the product bought in its entirety;

- it cannot be exercised on any part of the product bought (e.g. accessories, software and peripherals);

- it does not apply to sealed audio-visual products or information software (including ones attached to hardware products);

- the purchased item must be intact and returned in its original packaging, complete with all its parts (including any documents and accessories: manuals, cables, etc.);

- delivery costs are charged to the CUSTOMER by law;

- the shipment is under the complete responsibility of the CUSTOMER until the returned goods are received at our warehouse;

- in case of damage during transport, FLEX shall inform the CUSTOMER thereof (within the day following the receipt of the goods at its warehouse) in order to enable the CUSTOMER to file a timely complaint with the courier who rendered the service and obtain a refund of the value of the goods (if insured); in this case, the product will be returned with shipping costs charged to the CUSTOMER, and simultaneous revocation of the right of withdrawal, which will not therefore be valid and effective;

- FLEX disclaims all liabilities for damages or theft/loss of goods returned by uninsured shipments;

- upon arrival at FLEX’s warehouse, the product will be inspected to assess any damages or alterations not caused by transport before confirming the right of the CUSTOMER to return the goods.

If the original internal/external packaging is damaged, FLEX will withhold 10% of the value from the sum to be refunded, as a contribution to the costs of repair of the goods. Subject to the right to withhold any costs for the repair of the assessed damage to the original packaging, FLEX will refund the CUSTOMER the full amount paid within 15 days of the date of dispatch of the returned goods. It is the responsibility of the CUSTOMER to promptly communicate their bank details for transfer purposes (current account of the bill receiver and the current account holder and IBAN code).

The right of withdrawal cannot be exercised in the absence of the essential prerequisite of completeness of the goods (packaging and/or contents) and whenever FLEX ascertains:

- that the internal/external packaging is not the original one;

- the lack of product components (e.g. accessories, cables, manuals and component parts);

- the product is damaged for reasons other than transportation or return beyond the limits provided by law for reasons not related to the supplier of products;

Should there be no conditions for the exercise of the right of withdrawal, FLEX shall return the product bought to the CUSTOMER and the costs will be added to the CUSTOMER’s account.

ARTICLE 8 – Product warranty

1. If the CUSTOMER is a consumer, as envisaged by art. 3 of Italian Legislative Decree no. 26 of September 6 2005, he/she is entitled to rely on the legal warranty due by seller in accordance with arts. 128-132 of the Consumer Code. This warranty provides that the Consumer, under penalty of forfeiture, informs FLEX of the non-conformity found in the product purchased, within 2 (two) months of the discovery. Following the complaint, the Consumer may either require repair or replacement of the goods, without prejudice to any other rights provided by law in favour of the Consumer.

The above legal warranty is valid for maximum 2 (two) years from the delivery of the product.

Reference should be made to arts. 128 et seq. of the Consumer Code for the ruling of the legal warranty.

2. If the CUSTOMER is not a consumer, as envisaged by art. 3 of the Consumer Code, he/she is entitled to rely on the legal warranty due by seller in accordance with the Italian Civil Code. This warranty provides that the CUSTOMER, under penalty of forfeiture, informs FLEX of the non-conformity found in the product purchased, within 8 (eight) days of the discovery.

The above legal warranty is valid for maximum 12 (twelve) months from the delivery of the product.

ARTICLE 9 – Gift vouchers, discount coupons and loyalty points

Any gift vouchers, discount coupons and loyalty points provided by FLEX are in no way refundable.

ARTICLE 10 - Responsibility

1. The CUSTOMER acknowledges and agrees that FLEX assumes no liability for disruptions caused by force majeure or unforeseeable circumstances, including those resulting from malfunction or disruption of the Internet, which prevents the execution of the order within the terms stipulated in the contract.

2. The quantities of items available on the website is merely indicative. It does not entail any contract obligation and FLEX may not be held responsible for any unavailability of one or more products.

ARTICLE 11 – Severability

These General Terms and Conditions of Sale consist of all the clauses contained herein. If one or more of the provisions herein are deemed invalid or declared as such under the law, regulations or following a decision by a court having competent jurisdiction, the other provisions remain in full force and effect.

ARTICLE 12 – Applicable law and jurisdiction

These General Terms and Conditions of Sale are governed by Italian law. Any disputes arising out of or in connection with these terms, which cannot be settled amicably, will be submitted to the exclusive jurisdiction in the place of domicile or residence of the CUSTOMER, where Consumer, if located in the State, pursuant to art. 63 of the Italian Consumer Code.

For any disputes arising from or in connection with the consumer distance contract negotiated between FLEX and the Non-Consumer CUSTOMER, including those relating to contract validity, effectiveness, interpretation and termination, the Court of Brescia shall have binding jurisdiction.