General conditions of sale

This document summarises the general conditions of sale applicable to all transactions carried out on the portal www.royalpack.it and/or on other portals linked to it.

All of the contents herein are also applicable to other transactions possibly carried out by ELCA Srl which can be classified as “indirect distance online electronic commerce”.  

1. Who is Royal Pack?

Royal Pack vacuum bags and rolls for food use is a trademark of ELCA Srl The shop connected to the site responds to emails sent by users through the forms contacts.

ELCA Srl is a company under Italian law with headquarters in Pescara (65128), in Via Tiburtina 144, VAT number and tax code 00907300685.

Royal Pack is the brand of ELCA Srl specialized in the production and sale of products for vacuum food preservation, in particular vacuum bags, pouches and rolls, of all finishes and qualities.

2. Rules governing the execution of the distance selling contract in the Royal Pack online store

The distance selling contract between a professional seller and a consumer, defined as a private buyer who does not professionally carry out an economic activity (for simplicity, someone who buys without requesting an invoice and without a VAT number) is regulated by the Consumer Code, Legislative Decree no. 206 of 06/09/2005 and subsequent amendments.

All transactions between ELCA Srl and consumers are regulated by the following. Conversely, transactions between ELCA Srl and buyers carrying out business activities and/or professionals and/or similar are excluded from the scope of application of the Consumer Code. For such Customers, only the general sales conditions apply and those specifically reserved for consumers are excluded.

This category includes all sales that the consumer makes by mail order or, in any case, based on a catalogue that he has had the opportunity to consult without the presence of the professional, as in the case of our shop's online catalogues.

The online catalogues, although updated and exhaustive, may however undergo changes without prior notice by ELCA Srl and without this entailing any obligation to inform by ELCA Srl and/or any compensation burden towards the consumer/customer, even in cases where the buyer, if he had been informed promptly of the non-conformity of the product with respect to what is reported in the catalogue, would not have made the purchase or would have done so differently. In such cases, the buyer retains the right to avail himself, as the case may be, of the rules on withdrawal.

Pursuant to art.46 paragraph 2 of the Consumer Code cited, are excluded from the application of the rules of the Consumer Code contracts having as their object the supply of goods or the provision of services for which the overall consideration to be paid by the consumer does not exceed the amount of Euro 26.00 including VAT, excluding any additional costs that are specifically indicated.

Unless otherwise specifically agreed with the Customer, ELCA Srl undertakes to execute the order within thirty days from the day following the day on which the consumer concluded the purchase.

In the event of unavailability of the product within the agreed times, ELCA Srl undertakes to inform the consumer/customer within thirty days and to provide for the reimbursement of any sums already collected, normally through the same payment system already used by the Customer, unless otherwise agreed. Only and exclusively after agreement with the Customer, also by email, ELCA Srl will provide for a supply different from the one requested, which may be of equivalent or higher value or of lower value with compensation of the difference, according to the agreements that will be specifically defined.

3. Right of withdrawal for online sales

For all transactions carried out between ELCA Srl and a person definable as a “consumer”, the latter has the right to withdraw without any penalty and without specifying the reason, within fourteen 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.

To exercise the right of withdrawal, the consumer simply needs to send the communication to ELCA Srl through the specific contact form on the website indicating the details of the transaction (transaction number, purchase date, buyer's nickname, quality and quantity of the goods subject to withdrawal, name of the person who received the goods).

ELCA Srl will refund all payments received from the consumer, excluding delivery costs, within fourteen days from the day on which it is informed of the consumer's decision to withdraw from the contract, using the same means of payment used by the consumer for the initial transaction. However, ELCA Srl will not proceed with the refund until it has received the goods returned by the consumer.

If delivery costs are included in the price of the item, for shipments to Italy, it is conventionally defined that they are set at at least Euro 10.00 for each single piece shipped. For products with volumes greater than 0.20 cubic meters, the cost of shipping is estimated by the following formula: (volume of the package in cubic meters) x 10 / 0.20.

If delivery costs are included in the price of the item, for shipments outside of Italy, it is conventionally defined that they are set at at least Euro 20.00 for each single piece shipped. For products with volumes greater than 0.05 cubic meters, the shipping cost is estimated by the following formula: (volume of the package in cubic meters) x 20 / 0.05.

The costs for exercising the right of withdrawal, i.e. for returning the product to ELCA Srl, are always borne by the consumer.

The consumer is required to return the products to ELCA Srl or to a third party authorised by ELCA Srl within and no later than fourteen days from the date on which he communicated his decision to withdraw from the contract.

The consumer is responsible for the decrease in value of the goods resulting from the handling of the goods other than that necessary to establish the nature and characteristics of the goods. ELCA Srl may deny the possibility of exercising the right of withdrawal in the event that the consumer has purchased disposable products packaged in multiple packages whose packages have been opened or in the case of products suitable for use in food preparation and which, once opened and used, are no longer suitable for being put back on sale once tested. In these cases the consumer acknowledges that his right of withdrawal is intended to allow him to verify the nature and quality of the products offered in the same way in which he could view and appreciate them if displayed in a physical store visited by him. By similarity, therefore, he will not be able to request to avail himself of the right of withdrawal in the event that he carries out such tests on the products which, in fact, place the entire burden of exercising the right of withdrawal on ELCA Srl, obliging the latter to incur a loss greater than the loss of profit resulting from the failed sale.

4. Exceptions to the right of withdrawal for online sales

In accordance with the provisions of the Consumer Code, it is specified that the right of withdrawal is excluded in the following cases:

a) purchase of food and drinks;

b) purchase of products specifically packaged for the customer or which, upon specific indication in the advertisement, are specifically put into production with a single production batch and, therefore, specifically customized for the consumer (even in the case in which such article is part of the catalogue and has standard characteristics but for which the supplier's manufacturing techniques require a specific production order);

c) for the supply of sealed audiovisual products or computer software, opened by the consumer;

d) for the supply of single-use and/or sealed packaged products which lose their unitary consistency and/or saleability, also for hygienic or related reasons, if opened after delivery;

e) for the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods, even if they are kitchen appliances which, once used, can no longer be returned to their factory state. In this case, ELCA Srl reserves the right to offer the consumer the possibility of withdrawing from the contract with a fair reduction in the value to be refunded, as compensation for the parts of the product to be replaced in full.

5. Shipping of products in Italy and abroad

ELCA Srl ships goods to all locations in Italy, operating only with primary couriers (BRT, SDA, DHL). ELCA Srl ships goods outside Italy to various foreign locations, operating only with primary couriers (DHL, UPS). The service provided is the economic one by road.

The goods are always shipped to the Customer through a transport and delivery service offered by a third-party carrier, the effectiveness and quality of which is monitored by ELCA Srl.

The Customer, by purchasing from ELCA Srl, acquires the goods "ex works". This means that the costs of transport and delivery, understood as costs of the service and responsibility for the same, always fall on the buyer, even when the goods are purchased with the "shipping cost included in the price" promotion. From this it follows that ELCA Srl will make the material available for collection by couriers in the best possible packaging conditions in order to allow a service. The Customer may, if interested and logistically possible, arrange at his own expense to send a professional courier to collect the goods, it being understood that the ELCA Srl warehouses are not open to the public and, therefore, access cannot be granted to personnel not equipped with the appropriate material (for example: safety devices) and professional (for example, specific skills and insurance to be able to operate in the goods warehouses) requirements required by law.

In the event of breakages, defects in transport, or problems connected to it, it is the buyer's responsibility to verify the consistency of the goods and to bear any related costs, ELCA Srl being exempt from this in principle.

In order to guarantee greater protection to the buyer, the latter can always purchase the shipping insurance service, which protects him in the event of damage that the product should suffer during transport for reasons not attributable to ELCA Srl.

In case of problems ELCA Srl will offer, within the limits described above, the greatest possible support to the Customers to resolve the problems related to the management of courier deliveries.

5.2 Locations considered difficult by couriers

The following locations in Italy are considered difficult by couriers. Therefore, the generally expected shipping and delivery costs will have to be adjusted if necessary during the pre-order or post-order phase: PLEASE NOTE: ELCA Srl will not be able to ship to the locations indicated below if the additional costs requested by the shippers who consider these locations as "disadvantaged" are not recognized and paid: LAMPEDUSA AND LINOSA - MONTE ISOLA - CARLOFORTE - CAMPIONE D'ITALIA - TREMITI ISLANDS - GIGLIO ISLAND - SORANO - CAMPO NELL'ELBA - CAPOLIVERI - CAPRAIA ISOLA - PORTO AZZURRO - MARCIANA - MARCIANA MARINA - PORTOFERRAIO - RIO NELL'ELBA - RIO MARINA - PONZA - VENTOTENE - FONDACHELLI-FANTINA - LENI - LIPARI - SANTA MARINA SALINA - TERME VIGLIATORE - ANACAPRI - BARANO D'ISCHIA - CAPRI - CASAMICCIOLA TERME - FORIO – ISCHIA – LACCO AMENO – MONTE DI PROCIDA – PROCIDA – SERRARA FONTANA – USTICA – LIVIGNO – LA MADDALENA – FAVIGNANA – PANTELLERIA – VENICE. In the event that the shipping costs are not reconsidered, ELCA Srl, at its sole discretion, may opt to renounce the sale and consider the contract terminated, returning the amounts paid to the buyer, notifying him by email.

For shipments outside Italy, it should be considered that the flat-rate costs provided for in some listings for some countries are to be understood only and exclusively for the mainland areas and not overseas or, in any case, considered only for the areas of normal service by the couriers. Therefore, before purchasing the service for your destination, it is advisable to check the areas of coverage of the service itself with a specific communication. In the event that the necessary shipping costs are not reconsidered and/or these are insufficiently provided for by the IT systems, ELCA Srl, at its sole discretion, may opt to renounce the sale and consider the contract terminated, returning the amounts paid to the buyer, notifying him by email.

6. How to behave upon delivery of the product

Upon delivery, the courier will ask the Customer receiving the goods to sign a document to prove that the package has been delivered to the address or person who was supposed to receive it.

If the Customer notices that the package appears damaged or tampered with, it is necessary to indicate on the document or on the courier terminal the option "acceptance with reservation" followed by the reason for the reservation. For example: damaged, opened, wet, tampered with package, etc. This is a formula that indicates the receipt of the package but that something may have gone wrong. This formula indicates the receipt of the package but that the transport and delivery service may not have been perfect.

If the Customer notices that the package is intact, but fears that the contents could be damaged (for example because they are very delicate), he/she must still choose the formula for accepting the goods with reservation, with the wording "accepted with reservation due to improper treatment" or "accepted with reservation due to inspection of the external packaging intact".

The reservation will allow the Customer to check the contents at a later time, since the courier may not allow internal verification of the package until the receipt document is signed.

ATTENTION: if the Customer accepts the goods without signing any reservation, he/she admits that the package has arrived in perfect conditions and for the couriers, in these cases, the shipping contract is considered concluded and perfectly fulfilled. Without placing reservations, it is impossible to request further services from the couriers, even if the shipment was insured.

It may happen that the delivery person offers the recipient of the goods only the alternative of signing without reservations or rejecting the shipment. In these cases it is necessary to insist on collecting the goods by adding a reservation. However, if the forwarder is adamant it is advisable not to sign anything and to let the shipment return to the courier's premises. It is therefore advisable to notify ELCA Srl immediately of the incident, so that appropriate action can be taken against the forwarder.

Couriers usually deliver the goods in the morning or early afternoon without prior notice. In the case of home deliveries, it is advisable for the Customer to instruct a cohabitant or the concierge service to collect the goods. Many couriers, however, notify that the goods are being delivered via email and/or SMS.

Failure to collect the goods will result in the courier opening a storage procedure, the costs of which will be charged by ELCA Srl to the customer. Failure to pay these costs will result in a breach of contract by the Customer.

7. Returns and refunds

The Customer, on the basis of the right of withdrawal and/or specific agreements with ELCA Srl, may return the goods by following the online procedures on the site or communicated by email, after specific authorization. Conversely, upon receipt of unexpected goods, they will not be collected.

The goods must be returned unused, in their original packaging, in perfect condition, clean and immediately saleable.

The burden of the return is on the Customer and the agreed refund takes place within the times indicated above.

8. Distributed logistics

ELCA Srl has several warehouses that offer logistics services. Therefore, not all goods are shipped in the same way, with the same delivery times and not all items can be purchased together.

For further information it is therefore necessary to contact the ELCA Srl offices through the contact form.

9. Confirmation of sale and documentation for tax/warranty purposes

Online sales are configured as an indirect sale of tangible goods (sales through intangible channels and receipt of products through traditional channels), as specified by the Revenue Agency (resolution no. 274/E of 2009).

This activity is exempt from the obligation to issue an invoice (if not requested by the Customer no later than the time the transaction is carried out) and is exempt from the obligation to issue a receipt or fiscal receipt (pursuant to Article 2, letter oo of Presidential Decree 21 December 1996, no. 696).

In light of this, also for the purposes of the guarantee, the consumer must take care to print a copy of the transaction carried out on one of the online channels and the relative receipt certifying the payment, carried out in one of the ways he decides to use.

10. Competent court

Only and exclusively in the case in which the single transaction occurs between ELCA Srl and a subject definable as a “consumer” according to the current legislation, for any civil disputes the territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the State. Vice versa the competent court is only and exclusively that of Pescara (PE).

11. Privacy

For the execution of the sales contract under the conditions set out above, the Customer declares to have received the information on the processing of personal data, pursuant to Legislative Decree 196/2003 and subsequent amendments and to have understood and accepted them. Further information is available on Privacy Guarantor website.

More information on the processing of personal data is available on our privacy page.

Last updated: 23/06/2022