GENERAL CONDITIONS OF SALE

DIGICOM S.r.l., (C. f. and P. IVA: 03488160122), in the person of its legal representative pro tempore, with registered office in Legnano (MI), viale Cadorna, 95,invites the user who intends to register or who intends not to register on the website www.shop.tippyonboard.com  (hereinafter“Site”)– which can qualify as a “consumer” pursuant to the combined provisions of art. 3 paragraph 1) letter a) of Legislative Decree no. 206 of 6.9.2005 (Consumer Code) (“the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out”) and art.  2 paragraph 1) letter e) of Legislative Decree no. 70 of 9.4.2003 (Electronic Commerce Code) (infra “consumeruser”),or may qualify as a”professional” pursuant to art. 3 paragraph 1) letter c) of the Consumer Code (“the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or an intermediary”) (herein “professionaluser”),within the limits imposed by the Site and better illustrated therein – to take careful vision, at a time prior to the actual use of any  service  of the “information society” pursuant to art. 2 paragraph 1) letter a) of the Commercial Code andletronic made available within the Site, of these General Conditions of Sale (herein“GCS”),aimed at regulating the purchase activity (and consequent management of the relative purchase order)  of an asset pursuant to art. 810, 812 paragraph 3) and 1519 bis paragraph 2) letter b) of the Civil Code postor for sale or subject to an invitation to purchase within the e-commerce platform of the Site.

From now on, the consumer user and the professional user can be defined, jointly, as“user”; from now on,  DIGICOM  S.r.l. può esseredefinit  a  comela  “Company“.

In addition to these GCS, the user is also required to carefully read – always at a time prior to the actual use of any information society service made available on the Site – the information pursuant to art. 13 of the GDPR (easily viewable at the foot of the Site),the Cookie Policy and the General Conditions of Use of the Site  (CGU).

In compliance with art. 12 of the Electronic CommerceCode,  and in compliance with Recital no. 18)  and Article 3  of EU Regulation no. 2019/1150  (applicable by analogy), the Company communicates, on  theone hand, to make these GCS available to the user in a format that allows its storage and reproduction, and, on the other hand, that this document is easily available,  by the user himself, within the Site.

The Company reserves the rightto  modify, at any time, the GCS, notifying the user of the related changes to the terms and conditions of the GCS with a notice (in general, not less than 15 (fifteen) days) reasonable and proportionate to the nature and extent of such changes and the potential consequences for the user;however,  this notice period does not apply when the  Company  is  requiredto  comply with a regulatory or regulatory obligation that requires the modification of the GCS or where la  stessa  devand  modify, exceptionally, the GCS to deal with an unforeseen and imminent danger connected to the defense of the Site,  of its IT / telematic services, of its business activity or of the user, for example, from fraud, malware, spam, data breach or risks to information security;also, the  Company specifies, in this regard, that any changes to the GCS does not have, in general, a retroactive effect, unless  theCompany   is burdenedwith a   to comply with a legal / regulatory obligation or in the event that the changes to the GCS  themselves may have an advantageous effect for the user.

1. Conclusion of the contract of sale.

1.1. The purchase of one or more goods published and offered for sale on the Site can be performed both by the consumer user and by the professional user (who, however, may have to comply with the specific numerical limits imposed bythe  Company, and better illustrated during one or more phases prodromal to the purchase):before proceeding with the formal transmission of the purchase order(through  the aid of the electronic format available on the Site), the user has the right and the right to identify and correct any errors or typos within the purchase order, and has the right to modify, in whole or in part, the purchase order before the formal and definitive transmission of the same to the  Company.

1.2. In the event that the contract for the purchase of one or more goods published and offered for sale on the Site is concluded by the consumer user, this purchase constitutes a distance purchase contract pursuant to Article 45 paragraph 1) letter g) of the Consumer Code; on the contrary, in the event that the contract for the purchase of one or more goods published and offered for sale on the Site is concluded by the professional user, this purchase constitutes a contract of sale pursuant to art. 1470 of the Civil Code.

1.3. The purchase contract referred to inArticles.   1.1. and 1.2.  (hereinafter “purchase contract”)  is considered finalized following the receipt, by the Company, of the relative purchase order, including proof of the actual and complete  payment, by the user in favor ofthe Company, of the sale price relating to the purchase of one or more selected goods: in this regard, l a   Company specifies that – at the time of forwarding, by the user, the purchase order – the latter must recognize that it implies the obligation to pay; furthermore, if the placing of the order implies the obligation to operate a button or a similar function, the button or similar function shall indicate, in an easily legible manner, only the words “order with obligation to pay” or a corresponding unequivocal wording indicating that the placing of the order implies such a burden.

1.4. In compliance with articles 7 and 12 of the Electronic Commerce Code, the  Company undertakes to communicate, in a clear and understandable manner, to the user, before forwarding the purchase order (and, therefore, before the latter may be boundby a purchasecontract), the following information, to be understood only by way of example, illustrative and,  therefore, not exhaustive:  (i)  summary of the information regarding the essential and main characteristics of each product ordered with the relative price (including all applicable taxes / fees or any other applicable cost),the means of payment to beused, the delivery methods (including, the relative term (to be considered, however, only as an indication)  shipping cost, where applicable); (ii)  information necessary to enable valid, complete,rapid  and effective contact between you and the  Company; (iii) links to the GCS.

1.5. Once the purchase contract has been concluded, the Company reserves the right, even separately from each other, to send the user a summary of the information referred to in art. 1.4.

2. Information (including on the availability) of one or more goods on the Site.

2.1. Each good present and available within the Site is accompanied by a specific information sheet aimed at illustrating the main characteristics of the relative good, including its (updated) availability on the Site.

Specifically,the  Company specifies that the images of each asset present and available on the Site reproduce, as faithfully as possible, the relative characteristics indicated therein, without prejudice to any hypothesis in which the color or size may differ from the real and actual ones due to the setting of the computer / telematic systems used by the user for the display of the asset in question:  for this reason, the  Company points out that, for the purpose of the correct conclusion of the relative purchase contract, the user must take into account exclusively the description present in the information sheet of each asset published and offered for sale on the Site.

2.2. Given that the Site can be visited by several users at the same time, the  Company highlights that the hypothesis may occur for which, following the simultaneous sending of the purchase order by one or more users in relation to the same good, it may indeed no longer be available: in this case or in the event that theunavailability  of the good within the Site derives from a different reason,  The  Company  is  obligedto  notify, without delay, the user of such event.

In the event that the hypothesis described above occurs,the  Company will be obliged  to  offer the user the following proposals: (i) in the event that it is possible to restoup the goods ordered by the user, the Company will offerthe latter a deferral of delivery terms, taking care to specify the new delivery time of the goods being restoked,  where possible; (ii) in the event that it is not possible to restoge the goods ordered by the user, the  Company may offer the latter the supply of a different good of equivalent or greater value, without prejudice to the burden on the user to provide for the payment of the relative price supplement.

2.3. In the event that the hypothesis described in art. 2.2., the user is required to notify theCompany, without delay andin any case no later than 5 (five) days from the formulation of the proposals described in points (i) and (ii) of art. 2.2., the possible acceptance of one of them, through any means of communication agreed, even at a later time, between the user and the Company or indicated bythe a  stessa.

2.4. In the event that the hypothesis described in art. 2.2. and in the event that the user decides not to make use of the alternative options better described in points (i) and (ii) of art. 2.2. within the period indicated therein, the user has the right to terminate the purchase contract pursuant to art. 1453 of the Civil Code signed with theCompany, without prejudice to the rightto obtain reimbursement, without delay and in any case within the term of 14 (fourteen) days from the conclusion of the contract, of all the sums paid in execution of the purchase contract concluded with thea  Società: in this circumstance, the refund in question will be credited,  by theCompanyto  the entitled user, through  the same means of payment used by the latter for the execution of the initial transaction, unless the user has agreed otherwise.

2.5. In the event that the unavailability described in art. 2.2. concerns only one or some goods ordered by the user, la Company will beà  tenutto offer the same alternative proposals referred to in art. 2.2., including the consequent aspects described in Articles. 2.3. and 2.4.

2.6. The sale price of each good on the Site is to be understood as the final price valid for a unit of product / good or for a certain quantity of product / good, including applicable legal taxes; given this, the  Company specifies that the sale price of each good may be subject to a possible update / revision in increase or decrease:  for this reason, the  Company recommends tothe user   to ascertainarsi of the final sale pricebefore forwarding the relative purchase order to them.

In any case, in the event that the user has completed his purchase order despite an easily recognizable error inthe indication, by the Company, about the sale price of each asset on the Site or in relation to the calculation of the total amount of the purchase order, theCompany reserves the rightto cancel the relative purchase order,  sending, for this purpose, to the user a specific communication, and provide, consequently, to repay to the latter – without undue delay, but in any case within the term of 14 (fourteen) days from the communication of cancellation of the purchase order in question – the amount paid, through the same means of payment used by the latter for the relative (initial) transaction.

3. Methods of payment.

3.1. The payment of the price of the goods covered by the purchase contract can be made, by the user, through one of the payment methods best illustrated in the relative order form viewable on the Site.

4. Delivery methods.

4.1. La  Company undertakes to deliver, also through the help of third parties, to the user the goods covered by the purchase contract without undue delay and, at the latest, within 30 (thirty) days from the date of conclusion of the relative purchase contract; the delivery obligation is fulfilled through the transfer of the material availability or in any case the control of the goods to the relative buyer.

4.2. If the Company does not fulfill the obligation to deliver the goods within the period referred to in art. 4.1., the user invitesyou to  make the delivery within an additional period appropriate to the circumstances; if the additional period thus granted expires without the goods having been delivered by theCompanyto  the user, the latter is entitled to terminate the contract.

4.3. In the contract that places onthe Company the obligationto  provide for the shipment of the goods, the risk of loss or damage to the goods themselves, for reasons not attributable to the  Company, is transferred to the user only when the latter, or a third party designated and different from the carrier, physically comes into possession of the goods; however,  the risk is transferred  to the consumer already at the time of delivery of the goods to the carrier if the latter has been chosen by the consumer, and this choice has not been proposed bythe Company, without prejudiceto  the user’s rights towards the carrier.

5. User: registration and aspects related to the use of the Site.

5.1. The  Company gives the user the opportunity to proceed with the conclusion of a purchase contract, after registration on the Site or without having to register in advance on the Site itself.

In case of registration on the Site bythe user, the Company recommends, on the one hand, the user to keep and keep, with the utmost care and diligence, the credentials necessary to be able to access his personal account, and recommends, on the other hand, to the user himself to communicate, without delay,to the Company (even separately from each other) any information about any undue (even of a potential nature) use of the related  authentication credentials by unauthorized third parties.

In this regard, the user undertakes, in case of registration on the Site, to guarantee that the information provided for the creation of his personal account corresponds tothe truth and, therefore, undertakes to hold the Company harmless from any type of liability deriving from the violation, by the user or by a third party,  the registration procedure on the Site or deriving from the improper use of their authentication credentials by one or more unauthorized third parties or derivingfrom the incorrect and unsuitable storage and custody of the access credentials to your account. Furthermore, the user undertakes to use the Site in such a way as not to cause, directly or indirectly, any type of damage or malfunction of any type as well as in such a way as not to cause any disturbance, prejudice, damage to the Site or to each user of the same.

5.2. La Company reserves the right to limit, suspend or prevent (even indefinitely) a specific user from using the online services available on the Site, where he is responsible, even indirectly, for a violation of the GCS or the applicable legislation on the subject.

In this case,the  Company undertakes to inform,within a reasonable period not exceeding 30 (thirty) days,  the user of such event (including, the relative reasons),in order to allow the latter to clarify the facts and circumstances, also thanks to the help of the process of managing complaints that may be madeor availablebythe   Company: specifically, any complaint handling process made available bya Company aimsto  manage the related complaints in a reasonable period of time, and in compliance with the principles of transparency, equal treatment (with the same situation) and proportionality (also in terms of importance and complexity).

6. Withdrawal: exceptions, terms and conditions.

6.1. Fatta saves  the meaningand described in  art. 6.5.,  only the consumer user has a period of 14 (fourteen) days to withdraw from the purchase contract,withouthaving to provide any reason and without having to incur costs other than those provided for in art. 6.3.

The withdrawal period ends after 14 (fourteen) days starting: in the case of a contract for the purchase of a good, from the day on which the consumeruser, or a third party other than the carrier and designated by the consumeruser, acquires possession of the goods, or: (a) in the case of multiple goods  purchased by the consumer user through a single order and delivered separately,  from the day on which the  consumeruser, or a third party other than the carrier and designated by the  consumeruser, acquires physical possession of the last good; (b) in the case of delivery of  a good consisting of several lots or multiple pieces, from the day on which the consumer user, or a third party other than the carrier and designated by the consumeruser, acquires physical possession of the last lot or piece; (c) in the case of contracts for the periodic delivery of one or more goods, from the day on which the  consumeruser, or a third party other than the carrier and designated by the  consumeruser, acquires physical possession of the first good.

Before the expiry of the withdrawal period, the user consumatore is required to inform the  Company, through the methods of communications specifically prepared, of his decision to exercise the right of withdrawal from the relevant purchase contract: in this regard, the Company specifies that the consumer user has effectively (and promptly) exercised his right of withdrawal,  if the relevant communication was sent by the consumer user to the Company before the expiry of the period of 14 (fourteen) days indicated above.

Unless the Company has explicitly offeredto personally collect the goods subject to the right of withdrawal, the consumer user is required to returndirectly tothe Company or to deliver to a third party appointed for this purpose (e.g. courier) the goods in question, within the term of 14 (fourteen) days from the moment in which he has communicated tothe   Company its willingness to withdraw from the relevant purchase contract.

6.2. In the event that the right of withdrawal has been exercised in compliance with the terms, methods and subjective requirements better described in art. 6.1., the  Company undertakes to reimburse  –  without undue delay and in any case within the term of 14 (fourteen) days, starting from the moment in which the actual receipt of the goods subject to the right of withdrawal exercised takes place and from the complete execution of the verification operations aimed at checking compliance with the conditions better described in art. 6.4. or to the exceptions better described in art.  6.5. –  to the relevant consumer user any payment received for this purpose, by the same means of payment used by the latter for the relevant (initial) transaction, unless the user has expressly agreed otherwise.

6.3. In the event that the right of withdrawal has been exercised in compliance with the terms, methods and requirements subject to better described in art. 6.1., the consumer user is obliged to bear only the (direct) cost of replenishmentof the goods in favor of the  Company, unless  the latter has  agreed otherwise.

6.4. Furthermore, the right of withdrawal is intended to be exercised correctly not only in case of compliance with the provisions better described in Articles. 6.1. and 6.3., but also where the following conditions regarding the returned good are respected by the relative consumer user, following the exercise of the right of withdrawal: it must be returned in its original packaging (in the case of kits, the packaging must contain all the elements that compose it),including labels and any accessories  ; it must not have been used, subject to the exceptions provided for by art. 57 paragraph 2) of the Consumer Code; must not have been damaged; it does not have to be tailor-made or personalized. 

In the event that the Company ascertains the existence of one (or more) of the described conditions of obstacles, l a  stessa  provvede to communicate to the relative consumer user the non-acceptance of the right of withdrawal exercised, and, consequently, provideand return to the latter the good whose right of withdrawal has been refused,  with charge, to the relative consumer user, of the consequent shipping costs.

6.5. La Company also specifies that the right of withdrawal cannot be exercised by a professional user.

7. Conformity of the purchase contract.

7.1. The  Company has the burden of delivering to the user a good that complies with the relevant purchase contract; it is presumed that the goods conform to the relevant purchase contract if, where relevant, the following circumstances coexist: the goods are suitable for the use for which a good of the same type is usually used; the goods conform to the description made bythe  Company,  and possesses the qualities that the Company has presented to the user as a model / sample; the good presents the usual qualities and performances of a good of the same type, taking into account the nature of the asset and, where appropriate, the public statements on the specific characteristics of the good made, in this regard, bytheCompany.  

There is no lack of conformity if, at the time of conclusion of the purchase contract, the user was aware of the relative defect or could not ignore it with ordinary diligence or if the lack of conformity derives from an instruction or material provided, even indirectly, by the user himself.

7.2. La  Società specifies that, in this regard, the consumer user is subject to the protections provided for in Article 1519 sexies of the Civil Code and Article 132 of the Consumer Code, and that, on the contrary, the protections provided for in Article 1495 of the Civil Code apply to the professional user.

8. Applicable law, place of jurisdiction and alternative dispute resolution methods.

8.1. The purchase contract and the GCS are  regulatedby  the Italian or Community legislation applicable on the subject.

8.2. In the case of a consumer user, the mandatory territorial jurisdiction for the purpose of sequeing a dispute concerning the GCS or the purchase contract is of the judge of the place of residence / domicile of the consumer user; vice versa, in the case of a professional user, the mandatory territorial jurisdiction for the purpose of sequeing a dispute concerning the GCS or the purchase contract is of the Court of Milan.

8.3. Where possible, the consumer user also has the right to make use of alternative remedies for out-of-court dispute resolution provided for in the Consumer Code.

9. Hypothesis of non-access, even temporary, to the Site.

9.1. The  Company undertakes – as far as possible, and except for those events that can be connected, even indirectly, to the Internet – to ensure that access to the Site is provided without any interruption and that transmissions take place without any error; however, the  Company specifies that access to the Site may, occasionally or in case of need,  be suspended, limited or interrupted, in order to allow the execution of repair, maintenance operations or the introduction of new services and activities.

Legnano, there 20.10.2021 (date of last update)

DIGICOM S.r.l.

(in persona del  respectiveo  legale  rappresentante pro tempore)

GENERAL CONDITIONS OF SALE

DIGICOM S.r.l., (C. f. and P. IVA: 03488160122), in the person of its legal representative pro tempore, with registered office in Legnano (MI), viale Cadorna, 95,invites the user who intends to register or who intends not to register on the website www.shop.tippyonboard.com  (hereinafter“Site”)– which can qualify as a “consumer” pursuant to the combined provisions of art. 3 paragraph 1) letter a) of Legislative Decree no. 206 of 6.9.2005 (Consumer Code) (“the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out”) and art.  2 paragraph 1) letter e) of Legislative Decree no. 70 of 9.4.2003 (Electronic Commerce Code) (infra “consumeruser”),or may qualify as a”professional” pursuant to art. 3 paragraph 1) letter c) of the Consumer Code (“the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or an intermediary”) (herein “professionaluser”),within the limits imposed by the Site and better illustrated therein – to take careful vision, at a time prior to the actual use of any  service  of the “information society” pursuant to art. 2 paragraph 1) letter a) of the Commercial Code andletronic made available within the Site, of these General Conditions of Sale (herein“GCS”),aimed at regulating the purchase activity (and consequent management of the relative purchase order)  of an asset pursuant to art. 810, 812 paragraph 3) and 1519 bis paragraph 2) letter b) of the Civil Code postor for sale or subject to an invitation to purchase within the e-commerce platform of the Site.

From now on, the consumer user and the professional user can be defined, jointly, as“user”; from now on,  DIGICOM  S.r.l. può esseredefinit  a  comela  “Company“.

In addition to these GCS, the user is also required to carefully read – always at a time prior to the actual use of any information society service made available on the Site – the information pursuant to art. 13 of the GDPR (easily viewable at the foot of the Site),the Cookie Policy and the General Conditions of Use of the Site  (CGU).

In compliance with art. 12 of the Electronic CommerceCode,  and in compliance with Recital no. 18)  and Article 3  of EU Regulation no. 2019/1150  (applicable by analogy), the Company communicates, on  theone hand, to make these GCS available to the user in a format that allows its storage and reproduction, and, on the other hand, that this document is easily available,  by the user himself, within the Site.

The Company reserves the rightto  modify, at any time, the GCS, notifying the user of the related changes to the terms and conditions of the GCS with a notice (in general, not less than 15 (fifteen) days) reasonable and proportionate to the nature and extent of such changes and the potential consequences for the user;however,  this notice period does not apply when the  Company  is  requiredto  comply with a regulatory or regulatory obligation that requires the modification of the GCS or where la  stessa  devand  modify, exceptionally, the GCS to deal with an unforeseen and imminent danger connected to the defense of the Site,  of its IT / telematic services, of its business activity or of the user, for example, from fraud, malware, spam, data breach or risks to information security;also, the  Company specifies, in this regard, that any changes to the GCS does not have, in general, a retroactive effect, unless  theCompany   is burdenedwith a   to comply with a legal / regulatory obligation or in the event that the changes to the GCS  themselves may have an advantageous effect for the user.

1. Conclusion of the contract of sale.

1.1. The purchase of one or more goods published and offered for sale on the Site can be performed both by the consumer user and by the professional user (who, however, may have to comply with the specific numerical limits imposed bythe  Company, and better illustrated during one or more phases prodromal to the purchase):before proceeding with the formal transmission of the purchase order(through  the aid of the electronic format available on the Site), the user has the right and the right to identify and correct any errors or typos within the purchase order, and has the right to modify, in whole or in part, the purchase order before the formal and definitive transmission of the same to the  Company.

1.2. In the event that the contract for the purchase of one or more goods published and offered for sale on the Site is concluded by the consumer user, this purchase constitutes a distance purchase contract pursuant to Article 45 paragraph 1) letter g) of the Consumer Code; on the contrary, in the event that the contract for the purchase of one or more goods published and offered for sale on the Site is concluded by the professional user, this purchase constitutes a contract of sale pursuant to art. 1470 of the Civil Code.

1.3. The purchase contract referred to inArticles.   1.1. and 1.2.  (hereinafter “purchase contract”)  is considered finalized following the receipt, by the Company, of the relative purchase order, including proof of the actual and complete  payment, by the user in favor ofthe Company, of the sale price relating to the purchase of one or more selected goods: in this regard, l a   Company specifies that – at the time of forwarding, by the user, the purchase order – the latter must recognize that it implies the obligation to pay; furthermore, if the placing of the order implies the obligation to operate a button or a similar function, the button or similar function shall indicate, in an easily legible manner, only the words “order with obligation to pay” or a corresponding unequivocal wording indicating that the placing of the order implies such a burden.

1.4. In compliance with articles 7 and 12 of the Electronic Commerce Code, the  Company undertakes to communicate, in a clear and understandable manner, to the user, before forwarding the purchase order (and, therefore, before the latter may be boundby a purchasecontract), the following information, to be understood only by way of example, illustrative and,  therefore, not exhaustive:  (i)  summary of the information regarding the essential and main characteristics of each product ordered with the relative price (including all applicable taxes / fees or any other applicable cost),the means of payment to beused, the delivery methods (including, the relative term (to be considered, however, only as an indication)  shipping cost, where applicable); (ii)  information necessary to enable valid, complete,rapid  and effective contact between you and the  Company; (iii) links to the GCS.

1.5. Once the purchase contract has been concluded, the Company reserves the right, even separately from each other, to send the user a summary of the information referred to in art. 1.4.

2. Information (including on the availability) of one or more goods on the Site.

2.1. Each good present and available within the Site is accompanied by a specific information sheet aimed at illustrating the main characteristics of the relative good, including its (updated) availability on the Site.

Specifically,the  Company specifies that the images of each asset present and available on the Site reproduce, as faithfully as possible, the relative characteristics indicated therein, without prejudice to any hypothesis in which the color or size may differ from the real and actual ones due to the setting of the computer / telematic systems used by the user for the display of the asset in question:  for this reason, the  Company points out that, for the purpose of the correct conclusion of the relative purchase contract, the user must take into account exclusively the description present in the information sheet of each asset published and offered for sale on the Site.

2.2. Given that the Site can be visited by several users at the same time, the  Company highlights that the hypothesis may occur for which, following the simultaneous sending of the purchase order by one or more users in relation to the same good, it may indeed no longer be available: in this case or in the event that theunavailability  of the good within the Site derives from a different reason,  The  Company  is  obligedto  notify, without delay, the user of such event.

In the event that the hypothesis described above occurs,the  Company will be obliged  to  offer the user the following proposals: (i) in the event that it is possible to restoup the goods ordered by the user, the Company will offerthe latter a deferral of delivery terms, taking care to specify the new delivery time of the goods being restoked,  where possible; (ii) in the event that it is not possible to restoge the goods ordered by the user, the  Company may offer the latter the supply of a different good of equivalent or greater value, without prejudice to the burden on the user to provide for the payment of the relative price supplement.

2.3. In the event that the hypothesis described in art. 2.2., the user is required to notify theCompany, without delay andin any case no later than 5 (five) days from the formulation of the proposals described in points (i) and (ii) of art. 2.2., the possible acceptance of one of them, through any means of communication agreed, even at a later time, between the user and the Company or indicated bythe a  stessa.

2.4. In the event that the hypothesis described in art. 2.2. and in the event that the user decides not to make use of the alternative options better described in points (i) and (ii) of art. 2.2. within the period indicated therein, the user has the right to terminate the purchase contract pursuant to art. 1453 of the Civil Code signed with theCompany, without prejudice to the rightto obtain reimbursement, without delay and in any case within the term of 14 (fourteen) days from the conclusion of the contract, of all the sums paid in execution of the purchase contract concluded with thea  Società: in this circumstance, the refund in question will be credited,  by theCompanyto  the entitled user, through  the same means of payment used by the latter for the execution of the initial transaction, unless the user has agreed otherwise.

2.5. In the event that the unavailability described in art. 2.2. concerns only one or some goods ordered by the user, la Company will beà  tenutto offer the same alternative proposals referred to in art. 2.2., including the consequent aspects described in Articles. 2.3. and 2.4.

2.6. The sale price of each good on the Site is to be understood as the final price valid for a unit of product / good or for a certain quantity of product / good, including applicable legal taxes; given this, the  Company specifies that the sale price of each good may be subject to a possible update / revision in increase or decrease:  for this reason, the  Company recommends tothe user   to ascertainarsi of the final sale pricebefore forwarding the relative purchase order to them.

In any case, in the event that the user has completed his purchase order despite an easily recognizable error inthe indication, by the Company, about the sale price of each asset on the Site or in relation to the calculation of the total amount of the purchase order, theCompany reserves the rightto cancel the relative purchase order,  sending, for this purpose, to the user a specific communication, and provide, consequently, to repay to the latter – without undue delay, but in any case within the term of 14 (fourteen) days from the communication of cancellation of the purchase order in question – the amount paid, through the same means of payment used by the latter for the relative (initial) transaction.

3. Methods of payment.

3.1. The payment of the price of the goods covered by the purchase contract can be made, by the user, through one of the payment methods best illustrated in the relative order form viewable on the Site.

4. Delivery methods.

4.1. La  Company undertakes to deliver, also through the help of third parties, to the user the goods covered by the purchase contract without undue delay and, at the latest, within 30 (thirty) days from the date of conclusion of the relative purchase contract; the delivery obligation is fulfilled through the transfer of the material availability or in any case the control of the goods to the relative buyer.

4.2. If the Company does not fulfill the obligation to deliver the goods within the period referred to in art. 4.1., the user invitesyou to  make the delivery within an additional period appropriate to the circumstances; if the additional period thus granted expires without the goods having been delivered by theCompanyto  the user, the latter is entitled to terminate the contract.

4.3. In the contract that places onthe Company the obligationto  provide for the shipment of the goods, the risk of loss or damage to the goods themselves, for reasons not attributable to the  Company, is transferred to the user only when the latter, or a third party designated and different from the carrier, physically comes into possession of the goods; however,  the risk is transferred  to the consumer already at the time of delivery of the goods to the carrier if the latter has been chosen by the consumer, and this choice has not been proposed bythe Company, without prejudiceto  the user’s rights towards the carrier.

5. User: registration and aspects related to the use of the Site.

5.1. The  Company gives the user the opportunity to proceed with the conclusion of a purchase contract, after registration on the Site or without having to register in advance on the Site itself.

In case of registration on the Site bythe user, the Company recommends, on the one hand, the user to keep and keep, with the utmost care and diligence, the credentials necessary to be able to access his personal account, and recommends, on the other hand, to the user himself to communicate, without delay,to the Company (even separately from each other) any information about any undue (even of a potential nature) use of the related  authentication credentials by unauthorized third parties.

In this regard, the user undertakes, in case of registration on the Site, to guarantee that the information provided for the creation of his personal account corresponds tothe truth and, therefore, undertakes to hold the Company harmless from any type of liability deriving from the violation, by the user or by a third party,  the registration procedure on the Site or deriving from the improper use of their authentication credentials by one or more unauthorized third parties or derivingfrom the incorrect and unsuitable storage and custody of the access credentials to your account. Furthermore, the user undertakes to use the Site in such a way as not to cause, directly or indirectly, any type of damage or malfunction of any type as well as in such a way as not to cause any disturbance, prejudice, damage to the Site or to each user of the same.

5.2. La Company reserves the right to limit, suspend or prevent (even indefinitely) a specific user from using the online services available on the Site, where he is responsible, even indirectly, for a violation of the GCS or the applicable legislation on the subject.

In this case,the  Company undertakes to inform,within a reasonable period not exceeding 30 (thirty) days,  the user of such event (including, the relative reasons),in order to allow the latter to clarify the facts and circumstances, also thanks to the help of the process of managing complaints that may be madeor availablebythe   Company: specifically, any complaint handling process made available bya Company aimsto  manage the related complaints in a reasonable period of time, and in compliance with the principles of transparency, equal treatment (with the same situation) and proportionality (also in terms of importance and complexity).

6. Withdrawal: exceptions, terms and conditions.

6.1. Fatta saves  the meaningand described in  art. 6.5.,  only the consumer user has a period of 14 (fourteen) days to withdraw from the purchase contract,withouthaving to provide any reason and without having to incur costs other than those provided for in art. 6.3.

The withdrawal period ends after 14 (fourteen) days starting: in the case of a contract for the purchase of a good, from the day on which the consumeruser, or a third party other than the carrier and designated by the consumeruser, acquires possession of the goods, or: (a) in the case of multiple goods  purchased by the consumer user through a single order and delivered separately,  from the day on which the  consumeruser, or a third party other than the carrier and designated by the  consumeruser, acquires physical possession of the last good; (b) in the case of delivery of  a good consisting of several lots or multiple pieces, from the day on which the consumer user, or a third party other than the carrier and designated by the consumeruser, acquires physical possession of the last lot or piece; (c) in the case of contracts for the periodic delivery of one or more goods, from the day on which the  consumeruser, or a third party other than the carrier and designated by the  consumeruser, acquires physical possession of the first good.

Before the expiry of the withdrawal period, the user consumatore is required to inform the  Company, through the methods of communications specifically prepared, of his decision to exercise the right of withdrawal from the relevant purchase contract: in this regard, the Company specifies that the consumer user has effectively (and promptly) exercised his right of withdrawal,  if the relevant communication was sent by the consumer user to the Company before the expiry of the period of 14 (fourteen) days indicated above.

Unless the Company has explicitly offeredto personally collect the goods subject to the right of withdrawal, the consumer user is required to returndirectly tothe Company or to deliver to a third party appointed for this purpose (e.g. courier) the goods in question, within the term of 14 (fourteen) days from the moment in which he has communicated tothe   Company its willingness to withdraw from the relevant purchase contract.

6.2. In the event that the right of withdrawal has been exercised in compliance with the terms, methods and subjective requirements better described in art. 6.1., the  Company undertakes to reimburse  –  without undue delay and in any case within the term of 14 (fourteen) days, starting from the moment in which the actual receipt of the goods subject to the right of withdrawal exercised takes place and from the complete execution of the verification operations aimed at checking compliance with the conditions better described in art. 6.4. or to the exceptions better described in art.  6.5. –  to the relevant consumer user any payment received for this purpose, by the same means of payment used by the latter for the relevant (initial) transaction, unless the user has expressly agreed otherwise.

6.3. In the event that the right of withdrawal has been exercised in compliance with the terms, methods and requirements subject to better described in art. 6.1., the consumer user is obliged to bear only the (direct) cost of replenishmentof the goods in favor of the  Company, unless  the latter has  agreed otherwise.

6.4. Furthermore, the right of withdrawal is intended to be exercised correctly not only in case of compliance with the provisions better described in Articles. 6.1. and 6.3., but also where the following conditions regarding the returned good are respected by the relative consumer user, following the exercise of the right of withdrawal: it must be returned in its original packaging (in the case of kits, the packaging must contain all the elements that compose it),including labels and any accessories  ; it must not have been used, subject to the exceptions provided for by art. 57 paragraph 2) of the Consumer Code; must not have been damaged; it does not have to be tailor-made or personalized. 

In the event that the Company ascertains the existence of one (or more) of the described conditions of obstacles, l a  stessa  provvede to communicate to the relative consumer user the non-acceptance of the right of withdrawal exercised, and, consequently, provideand return to the latter the good whose right of withdrawal has been refused,  with charge, to the relative consumer user, of the consequent shipping costs.

6.5. La Company also specifies that the right of withdrawal cannot be exercised by a professional user.

7. Conformity of the purchase contract.

7.1. The  Company has the burden of delivering to the user a good that complies with the relevant purchase contract; it is presumed that the goods conform to the relevant purchase contract if, where relevant, the following circumstances coexist: the goods are suitable for the use for which a good of the same type is usually used; the goods conform to the description made bythe  Company,  and possesses the qualities that the Company has presented to the user as a model / sample; the good presents the usual qualities and performances of a good of the same type, taking into account the nature of the asset and, where appropriate, the public statements on the specific characteristics of the good made, in this regard, bytheCompany.  

There is no lack of conformity if, at the time of conclusion of the purchase contract, the user was aware of the relative defect or could not ignore it with ordinary diligence or if the lack of conformity derives from an instruction or material provided, even indirectly, by the user himself.

7.2. La  Società specifies that, in this regard, the consumer user is subject to the protections provided for in Article 1519 sexies of the Civil Code and Article 132 of the Consumer Code, and that, on the contrary, the protections provided for in Article 1495 of the Civil Code apply to the professional user.

8. Applicable law, place of jurisdiction and alternative dispute resolution methods.

8.1. The purchase contract and the GCS are  regulatedby  the Italian or Community legislation applicable on the subject.

8.2. In the case of a consumer user, the mandatory territorial jurisdiction for the purpose of sequeing a dispute concerning the GCS or the purchase contract is of the judge of the place of residence / domicile of the consumer user; vice versa, in the case of a professional user, the mandatory territorial jurisdiction for the purpose of sequeing a dispute concerning the GCS or the purchase contract is of the Court of Milan.

8.3. Where possible, the consumer user also has the right to make use of alternative remedies for out-of-court dispute resolution provided for in the Consumer Code.

9. Hypothesis of non-access, even temporary, to the Site.

9.1. The  Company undertakes – as far as possible, and except for those events that can be connected, even indirectly, to the Internet – to ensure that access to the Site is provided without any interruption and that transmissions take place without any error; however, the  Company specifies that access to the Site may, occasionally or in case of need,  be suspended, limited or interrupted, in order to allow the execution of repair, maintenance operations or the introduction of new services and activities.

Legnano, there 20.10.2021 (date of last update)

DIGICOM S.r.l.

(in persona del  respectiveo  legale  rappresentante pro tempore)

TIPPY: care for kids

 Tippy is the Digicom brand aimed  at child safety and comfort,  which  has  achieved  success  and  notoriety  thanks  to the launch of the first  wireless anti-abandonment   device.  Tippy Pad arrived    on the  market  in  2017, before the entry into   force  of the  law  relating    to anti-abandonment systems,   counting  Digicom,and the Tippy Brand,  among  the  most  innovative and  cutting-edge   companies in the panorama  of  early  childhood.

Reliability,  quality  and  ease  of use  have  made  Tippy Pad the  best-selling   product in Italy so as  to deserve  the  stamp  “recommended  by  mothers”.

“Theimplementation  of    safety in the car has  been  useful to  understand  that,  in the field  of child safety,   there is  a  large  space,  still  unexplored,  in  which  technology  can give a  great support.”   reports  Romano   Nironi,  head  of Tippy brand  products,  who  emphasizes the  future of the Brand:  “In the world  of  medicine  every  technological   advancement  is seen  positively… Why shouldn’t it be  the  same  for  areas as diverse as child safety  at home,  as well as   in the  car?”  

The main objective of the Brand is    to exploit  the  good  of  technology  in  favor  of child safety,   making it  available to everyone and  acting  as a  valid  support in the  daily life  of  families  modern. For  this  reason,  the  areas of application  of  Tippy  solutions range  from the automotive world  to  that of the home.

INFORMATION PURSUANT TO ART. 13 OF EU REGULATION NO. 2016/679

B810 S.r.l., (C. f. e P. IVA 03378920361)  (hereinafter “B810”),in the person of its legal representative pro tempore, with registered office in Reggio Emilia, via E. Lazzaretti, 2/1,  DIGICOM S.r.l. , (C. f. and P. IVA: 03488160122) (hereinafter “DIGICOM”), in the person of its legal representative pro tempore, with registered office in Legnano (MI), viale Cadorna, 95, and  MC REGEM S.r.l. , (C. f. and P. IVA: 02891380350) (hereinafter “MC REGEM”), in the person of its legal representative pro tempore, with registered office in Reggio Emilia, via G. Gutenberg, 3, as co-Data Controllers pursuant to articles 4 n. 7) and 26 of EU Regulation no. 2016/679 (GDPR), inform you that, pursuant to art. 13 of the GDPR, your personal data described in the following art. 1 will be processed  forthe execution of theprocessing purposes described in the following art. 2.

B810, DIGICOM and MC REGEM can be called, jointly with each other, even if only as “co-DataControllers”, and they are part of the same business group pursuant to Article 4 no. 19) of the GDPR:in this regard, they specify that the essential content of the relative agreement of co-ownership of the processing pursuant to Article 26 paragraph 2) of the GDPR is easily accessible by you by sending a specific request to one of the contact data illustrated in the following art. 7.

In addition to this document, the co-Data Controllers also send you to read the GCS, the GCU and the Cookie Policy.

1. Category of personal data being processed.

1.1. The co-Data Controllers collect and process, in order to pursue the specific processing purposes described in Article 2 (in compliance with the principle of minimization pursuant to Article 5 paragraph 1) letter c) of the GDPR),your personal data pursuant to Article 4 no. 1) of the GDPR cd. identifiers (e.g. name; surname; tax code; address of residence residence / domicile / residence), cd. financial/ banking (e.g. credit/debit card number) where necessary and appropriate and your browsing data (e.g. IP address), in the event that you hold the status of “consumer user” as better described in the GCS  (herein “personal data”); on the contrary, in the event that you hold the status of “professional user” as better described in the GCS,  the co-Data Controllers collect and process, in order to pursue the specific processing purposes described in art. 2  (in compliance with the principle of minimization pursuant to Article 5 paragraph 1) letter c) of the GDPR),your non-personal data pursuant to Article 3 no. 1) of EU Regulation no. 2018/1807 (e.g. company name; VAT number; registered office)  (herein “non-personal data”)  and, where necessary and appropriate, some of your personal data.

In detail, the co-Data Controllers specify that your personal data cd. identification, your navigation data and your non-personal data (in the case of a professional user) may be stored where necessary and appropriate, while your financial / bank data will not be subject to any conservation by the co-Data Controllers.

2. Purpose of the processing and related legal basis.

2.1. Your personal data (and / or your non-personal data, in the case of a professional user) are processed, bytheco-Data Controllers,for the execution of the following  (macro)  processing purposes:

1. Complete and effective execution of a pre-contractual measure and / or a purchase order (and consequent conclusion of the related purchase contract better described in the GCS), including the execution of the preliminary obligations (eg registration on the website in question, and consequent creation of your personal account) and the execution of the consequent legal obligations (eg legal guarantee; fraud)  , fiscal, administrative, logistical and customer care (e.g. complaint management  or  return procedure) related to the completion of the related purchase contract.

In compliance with art. 13 paragraph 2) letter e) of the GDPR,  the co-Data Controllers  inform you that any failure to communicate (even partially) your personal data (and / or your non-personal data, in the case of a professional user) requested (and indicated, in a clear and unequivocal way, as indispensable and mandatory,for example by affixing a special distinctive sign,  what is an asterisk)for the execution of the (macro) processing purpose described in art. 2.1. letter a) determines the impossibility, for theco-Data Controllers, to execute – in a complete, correct and effective way – a pre-contractual measure, a purchase order (and consequent related purchase contract) as well as the preliminary or consequent obligations of various kinds connected to this.

In this regard, the co-Data Controllers  muststate that the legal basis of the processing purpose described in art. 2.1. letter a) is found in art. 6 paragraph 1) letter b) of the GDPR as regards, specifically, the execution of a pre-contractual measure or a purchase order (and related purchase contract) including the execution of preliminaries and any obligations, in art. 6 paragraph 1) letters c) and f) of the GDPR as regards, specifically, the execution of the consequent legal, fiscal, administrative, logistical and customer care obligations.

2.2. Your personal data are processed, bytheco-Data Controllers,for the execution of the following processing purpose, applicable only to the consumer user as enshrined in Article 130 paragraph 4) of the new Legislative Decree no. 196/2003 (Privacy Code):

1. Sending commercial/promotional/advertising/marketing communications, concerning a product or service similar to that purchased by the consumer user through the website in question, to be carried out by email or by paper mail.

In compliance with art. 13 paragraph 2) letter b) of the GDPR, the co-Data Controllers inform you of the possibility of opposing,  pursuant to Article 21 of the GDPR, at any time pursuant to Article 130 paragraph 4) of the Privacy Code to the purpose of processing described in art. 2.2. letter b), through the use of the contact details illustrated in art. 7.

In this regard, the co-Data Controllers specify that the legal basis of the processing purpose described in art. 2.2. letter b) is found in Article 130 paragraph 4) of the Privacy Code (specified, as regards the use of paper mail, by the Provision of 19.6.2008 signed by the Italian Privacy Guarantor), and in art. 6 paragraph 1) letter f) of the GDPR.

2.3. Your personal data (and / or your non-personal data, in the case of a professional user) are processed, by the co-Data Controllers, for the execution of the following processing purposes, subject to obtaining the specific, informed, free and unequivocal consent from the consumer user and / or from the professional user:

1. Sending commercial/promotional/advertising/marketing communications (including, market research), to be carried out through automated/electronic/telematic methods (e.g. email; mobile app; social page; newsletter) or through non-automated/traditional methods (e.g. paper mail).

In compliance with art. 13 paragraph 2) letter c) of the GDPR, the co-Data Controllers inform you of the right to revoke, at any time, any consent given for the purpose of processing described in art. 2.3. letter  c), without this eventbeing able, however, to affect the lawfulness of the processing based on the consent given before the revocation.

In this regard, the co-Data Controllers specify that the legal basis of the processing purpose described in art. 2.3. letter c) is found in art. 6 paragraph 1) letter a) of the GDPR, in art. 130 paragraphs 1) and 2) of the Privacy Code,and in Article 8 of Legislative Decree no. 70 of 9.4.2003 (Electronic Commerce Code).

3. Retention period.

3.1. In accordance with Article 13 paragraph 2) letter a) of the GDPR, the co-Data Controllers inform you of the following retention periods, at the end of which your personal data (and /or yournon-personal data, in the case of a professional user) will be subject to cancellation, destruction or anonymization:  (i)   for the execution of the (macro) processing purposes referred to in art. 2.1. letter a): term of n. 10 years pursuant to art. 2220 and 2946 of the Italian .c., starting from the definitive conclusion of the pre-contractual measure or from the definitive conclusion of the purchase order and related purchase contract, a term that may be extended in order to fulfill a regulatory burden (also occurred) or to assert or defend a right, even in court;  (ii)  for the execution of the processing purposes referred to in art. 2.2. letter b): until you (in the sole capacity of consumer user) communicate to the co-Data  Controllers, even separately from each other, your opposition to such processing; (iii)  for the execution of the processing purposes referred to in art. 2.3. letter c): until you communicate to the co-Data  Controllers, even separately from each other, your revocation of the consent previously provided for the execution of the processing purpose in question.

4. Recipients.

4.1. In accordance with Article 13 paragraph 1) letter e) of the GDPR, the co-Data Controllers specify that your personal data (and / or your non-personal data, in the case of a professional user) may be communicated, where appropriate and necessary, to one or more recipients pursuant to art. 4 n. 9) of the GDPR, identified as follows, in general, by category:  (i)  for the execution of the (macro) processing purposes referred to in art. 2.1. letter a): authorized subjects pursuant to art. 4 n. 10), 29 and 32 paragraph 4) of the GDPR to the processing by each of the co-Data Controllers (infra “authorized subjects”); consultants or companies of various kinds that provide, in any case, services and / or services (including professional) connected, even indirectly, to the fulfillment of the purpose in question (eg IT company; legal and / or tax consultant);  (ii)  for the execution of the processing purposes referred to in art. 2.2. letter b): persons authorized to process; consultants or companies of various kinds that provide, in any case, services and / or services (including professional) connected, even indirectly, to the fulfillment of the purpose in question (eg marketing companies);  (iii)  for the execution of the processing purposes referred to in art. 2.3. letter c): persons authorized to process; consultants or companies of various kinds that provide, in any case, services and / or services (including professional) connected, even indirectly, to the fulfillment of the purpose in question (eg marketing companies).

4.2. The co-Data Controllers specify that your personal data (and / or your non-personal data) will not be disclosed.

5. Transfer.

5.1. The co-Data Controllers inform you that your personal data (and /or your non-personal data) are stored in automated, partially automated or non-automated archives belonging to or in any case attributable, even indirectly, to the co-Data Controllers, and located within the European Economic Area (EEA).

6. Rights of the data subject.

6.1. In relation only to your personal data, the co-Data Controllers inform you of the right to exercise the following rights that may be subject to the limitations provided for by Articles 2 undecies and 2 duodecies of the Privacy Code: right of access  pursuant to Article 15 of the GDPR: right to obtain confirmation that personal data is being processed or not,  as well as the information referred to in art. 15 of the GDPR (e.g. processing purposes, retention period);  right of rectification  pursuant to Article 16 of the GDPR: right to correct, update or supplement personal data; right to cancellation pursuant to Article 17 of the GDPR: right to obtain the cancellation or destruction or anonymization of personal data, where, however, the conditions listed in the same article are met; right to limit the processing  pursuant to Article 18 of the GDPR: right with a markedly precautionary connotation, aimed at obtaining the limitation of processing where the hypotheses governed by the same Article 18 exist; right to data portability pursuant to Article 20 of the GDPR: rightto obtain personaldata, provided to co-DataControllers, in a structured format, commonly used and readable by an automatic system (and, where required, to transmit them, directly, to another Data Controller), where the specific conditions indicated in the same article exist (e.g. legal basis of consent and / or execution of a contract; personal data  provided by the interested party);  right to object pursuant to  Article 21 of the GDPR: right to obtain the termination, permanently, of a certain processing of personal data; right to lodge a complaint with the Supervisory Authority (i.e., Italian Privacy Guarantor) pursuant to Article 77 of the GDPR: right to lodge a complaint where it is considered that the processing under analysis violates national and EU legislation on the protection of personal data. 

6.2. In addition to the rights described in art. 6.1.,  the co-Data Controllers inform you  that, in relation  only to your personal data, there is, where possible and conferring, the right to exercise, on the one hand, the (sub) right provided for in Article 19 of the GDPR  (“The data controller communicates to each of the recipients to whom the personal data have been transmitted any corrections or cancellations or limitations of the processing carried out pursuant to article  16, Articles 17(1) and 18, unless this proves impossible or involves a disproportionate effort. The data controller communicates to the interested party these recipients if the interested party requests it”), to be considered connected and connected to the exercise of one or more rights regulated by Articles. 16, 17 and 18 of the GDPR; on the other hand,  the co-Data Controllers  point out  that, in relation  only to your personal data, there is, where possible and conferring, the right to exercise the right provided for in Article 22 paragraph 1) of the GDPR (“The interested party has the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or that affects  significantly similar in his person’), subject to the exceptions provided for in paragraph 2 below).

6.3. In accordance with Article 12 paragraph 1) of the GDPR, the  co-Data Controllers  undertake to provide the communications referred to in Articles 15 to 22 and 34 of the GDPR in a concise, transparent, intelligible, easily accessible form and with a simple and clear language: this information will be provided in writing or by other means that may be electronic or,  at the request of the interested party, they will be provided orally provided that the identity of the latter is proven by other means.

6.4. In accordance with Article 12 paragraph 3) of the GDPR, the  co-Data Controllers  inform you that they undertake to provide information relating to the action taken regarding a request pursuant to Articles 15 to 22 of the GDPR without undue delay and, in any case, at the latest within one month of receipt of the request; this deadline may be extended by n. 2 months if necessary,  taking into account the complexity and number of requests (in this case,  the co-Data Controllers  undertake to inform of this extension and of the reasons for the delay, within one month of receipt of the request).

6.5. The above rights (except for the right pursuant to Article 77 of the GDPR) can be exercised through the contact details illustrated in the following art. 7. 

7. Contact details.

7.1. The co-Data Controllers can be contacted at one of the following addresses, to be considered alternative and equivalent:  info@b810group.it; privacy@digicom.it;  mcregem@legalmail.it

7.2. The Data Protection Officer (DPO) pursuant to Article 37 of the GDPR, appointed bytheco-Data Controllers, can be contacted at one of the following addresses, to be considered alternative and equivalent:  privacydpo810@baldiandpartners.it; privacydpodigicom@baldiandpartners.it;  dpomcregem@baldiandpartners.it

Reggio Emilia/Legnano, lì  20. 10.2021 (date of last update)

B810 S.r.l.,  DIGICOM S.r.l. and  MC REGEM S.r.l.

(in the person of their respective legal representatives pro tempore)

GENERAL CONDITIONS OF USE

DIGICOM S.r.l., (C. f. e P. IVA: 03488160122)  (infra“Company”),in the person of its legal representative pro tempore, with registered office in Legnano (MI), viale Cadorna, 95, invites the user (concept better described in the GCS) or the visitor of the website  www.shop.tippyonboard.com  (below “Site  “) to take careful vision, at a time prior to the actual navigation of the Site or at a time prior to the use of any service made available within the Site, of these General Conditions of Use of the Site (herein“CGU”),document aimed at regulating, in general, the correct use  of any functionality, service, information, content made available on the Site, without prejudice to the full applicability of the relative GCS as far as they are competent.

In addition to these GTCU, the Company  invites the user and / or visitor of the Site to take careful vision, always at a time prior to the actual navigation of the Site or at a time prior to the use of any service made available within the Site, of the information pursuant to Article 13 of the GDPR  (easily viewable at the foot of the Site),  of the Cookie Policy and the GCS.

The  Company specifies, on the one hand, to make these GCU available to the user and / or visitor of the Site in a structured format such as to allow their storage and reproduction and, on the other hand, that this document is easily available, by the user and / or by the visitor of the Site, within the Site itself.

L a Company reserves the rightto  modify, at any time, the UGCs,communicating to the user and / or visitor to the Site the related changes regarding the terms and conditions of the GCU themselves with a notice (in general, not less than 15 (fifteen) days) reasonable and proportionate to the nature and extent of such changes and the potential consequences towards the user and / or visitor to the Site; however,  this notice period does not apply when the  Company  is  obligedto  comply with a legal or regulatory obligation that requires the modificationof theGCU or where the  same  mustand  modify, exceptionally, the GCU to deal with an unforeseen and imminent danger connected to the defense of the Site,  of its IT / telematic services, of its business activity or of the user, for example, from fraud, malware, spam, data breach or IT security risks.

1. Purpose of the Site.

1.1. La  Company specifies that the primary purpose of the Site is to offer the relevant user and / or visitor an “information society service” pursuant to Article 2 paragraph 1) letter a) of Legislative Decree no. 70 of 9.4.2003 (Electronic Commerce Code), represented, specifically, in the e-commerce of one or more assets ofthe Company better indicated therein.

2. Content.

2.1. All text, graphics, interface (including visual), video / photography, trademark,logo, sound, music, illustration, design, structure, appearance or other materials (herein“Content”)on the Site generally belong, are controlled or are the direct or indirect property ofthe Company, subjectto  specific exceptions.

Therefore,the  Company specifies that it is prohibited, even in partial or indirect, to copy, reproduce, publish, republish, upload, encode, translate, disseminate, transmit or distribute any part of the Site or the Contents, unless there has been an express and specific authorization bythe  Company.

2.2. The  Company has taken all the necessary precautions to prevent the existence, within the Site, of illegal Content, contrary to public order, morality, honor and reputation of the user, the visitor of the Site or against havinga third party subject tothem: where this nevertheless happens, thea   Company declines all responsibility for any damages, even indirect, of any nature and entity that may derive from it.

3. Linking to Third Parties.

3.1. The Site may contain one or more links to a website belonging to, owned or attributable to a third party other than aCompany or by a company belongingto  the same business group asthe  Company: in this regard, the  Company specifies that this possible circumstance must not be considered, for any reason,  an approval, not even indirect or partial, by the Company of the website belonging to a third party described therein.

On this point, the Company also reminds the user and / or visitor to the Site that it is his exclusive responsibility and faculty to evaluate, in a totally autonomous and discretionary way, the most suitable, appropriate and best ways to interact, interface with such websites.

4. Indemning.

4.1. The  Company declines all responsibility for any damages, even indirect, of any nature and entity deriving from any inaccessibility, even partial, to the Site by the user and / or by the visitor, or for any damages, even indirect, of any nature and entity suffered by the user, by the visitor of the Site or by third parties caused to them,  in general, from the use of the Site or from viruses, damaged files, errors, omissions, interruptions, problems connected to the server / network / telephone and / or telematic connections, from unauthorized access, from alternations of personal data or non-personal data, or, finally, from the failure or defective operation of the telephone / telematic / computer equipment of the user, the visitor of the Site or any third party to them.

5. Applicable law and jurisdiction.

5.1. The GCU are  regulatedby  the Italian or EU legislation applicable on the subject.

5.2. Inthe case of a consumer user  (as described in the GCS),themandatory territorial jurisdiction for the purpose of the settlement of a dispute concerning theU GC is of the judge of the place of residence / domicile of the consumer user; vice versa, in the case of a professional user or a visitor to the Site,the mandatory territorial jurisdiction for the purpose of settlement of a dispute concerning the GTCU  is of the Forum of Milan.

Legnano, there 20.10.2021 (date of last update)

DIGICOM S.r.l.

(in the person of his  legaland  representingand pro tempore)

GENERAL CONDITIONS OF SALE

DIGICOM S.r.l., (C. f. and P. IVA: 03488160122), in the person of its legal representative pro tempore, with registered office in Legnano (MI), viale Cadorna, 95,invites the user who intends to register or who intends not to register on the website www.shop.tippyonboard.com  (hereinafter“Site”)– which can qualify as a “consumer” pursuant to the combined provisions of art. 3 paragraph 1) letter a) of Legislative Decree no. 206 of 6.9.2005 (Consumer Code) (“the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out”) and art.  2 paragraph 1) letter e) of Legislative Decree no. 70 of 9.4.2003 (Electronic Commerce Code) (infra “consumeruser”),or may qualify as a”professional” pursuant to art. 3 paragraph 1) letter c) of the Consumer Code (“the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or an intermediary”) (herein “professionaluser”),within the limits imposed by the Site and better illustrated therein – to take careful vision, at a time prior to the actual use of any  service  of the “information society” pursuant to art. 2 paragraph 1) letter a) of the Commercial Code andletronic made available within the Site, of these General Conditions of Sale (herein“GCS”),aimed at regulating the purchase activity (and consequent management of the relative purchase order)  of an asset pursuant to art. 810, 812 paragraph 3) and 1519 bis paragraph 2) letter b) of the Civil Code postor for sale or subject to an invitation to purchase within the e-commerce platform of the Site.

From now on, the consumer user and the professional user can be defined, jointly, as“user”; from now on,  DIGICOM  S.r.l. può esseredefinit  a  comela  “Company“.

In addition to these GCS, the user is also required to carefully read – always at a time prior to the actual use of any information society service made available on the Site – the information pursuant to art. 13 of the GDPR (easily viewable at the foot of the Site),the Cookie Policy and the General Conditions of Use of the Site  (CGU).

In compliance with art. 12 of the Electronic CommerceCode,  and in compliance with Recital no. 18)  and Article 3  of EU Regulation no. 2019/1150  (applicable by analogy), the Company communicates, on  theone hand, to make these GCS available to the user in a format that allows its storage and reproduction, and, on the other hand, that this document is easily available,  by the user himself, within the Site.

The Company reserves the rightto  modify, at any time, the GCS, notifying the user of the related changes to the terms and conditions of the GCS with a notice (in general, not less than 15 (fifteen) days) reasonable and proportionate to the nature and extent of such changes and the potential consequences for the user;however,  this notice period does not apply when the  Company  is  requiredto  comply with a regulatory or regulatory obligation that requires the modification of the GCS or where la  stessa  devand  modify, exceptionally, the GCS to deal with an unforeseen and imminent danger connected to the defense of the Site,  of its IT / telematic services, of its business activity or of the user, for example, from fraud, malware, spam, data breach or risks to information security;also, the  Company specifies, in this regard, that any changes to the GCS does not have, in general, a retroactive effect, unless  theCompany   is burdenedwith a   to comply with a legal / regulatory obligation or in the event that the changes to the GCS  themselves may have an advantageous effect for the user.

1. Conclusion of the contract of sale.

1.1. The purchase of one or more goods published and offered for sale on the Site can be performed both by the consumer user and by the professional user (who, however, may have to comply with the specific numerical limits imposed bythe  Company, and better illustrated during one or more phases prodromal to the purchase):before proceeding with the formal transmission of the purchase order(through  the aid of the electronic format available on the Site), the user has the right and the right to identify and correct any errors or typos within the purchase order, and has the right to modify, in whole or in part, the purchase order before the formal and definitive transmission of the same to the  Company.

1.2. In the event that the contract for the purchase of one or more goods published and offered for sale on the Site is concluded by the consumer user, this purchase constitutes a distance purchase contract pursuant to Article 45 paragraph 1) letter g) of the Consumer Code; on the contrary, in the event that the contract for the purchase of one or more goods published and offered for sale on the Site is concluded by the professional user, this purchase constitutes a contract of sale pursuant to art. 1470 of the Civil Code.

1.3. The purchase contract referred to inArticles.   1.1. and 1.2.  (hereinafter “purchase contract”)  is considered finalized following the receipt, by the Company, of the relative purchase order, including proof of the actual and complete  payment, by the user in favor ofthe Company, of the sale price relating to the purchase of one or more selected goods: in this regard, l a   Company specifies that – at the time of forwarding, by the user, the purchase order – the latter must recognize that it implies the obligation to pay; furthermore, if the placing of the order implies the obligation to operate a button or a similar function, the button or similar function shall indicate, in an easily legible manner, only the words “order with obligation to pay” or a corresponding unequivocal wording indicating that the placing of the order implies such a burden.

1.4. In compliance with articles 7 and 12 of the Electronic Commerce Code, the  Company undertakes to communicate, in a clear and understandable manner, to the user, before forwarding the purchase order (and, therefore, before the latter may be boundby a purchasecontract), the following information, to be understood only by way of example, illustrative and,  therefore, not exhaustive:  (i)  summary of the information regarding the essential and main characteristics of each product ordered with the relative price (including all applicable taxes / fees or any other applicable cost),the means of payment to beused, the delivery methods (including, the relative term (to be considered, however, only as an indication)  shipping cost, where applicable); (ii)  information necessary to enable valid, complete,rapid  and effective contact between you and the  Company; (iii) links to the GCS.

1.5. Once the purchase contract has been concluded, the Company reserves the right, even separately from each other, to send the user a summary of the information referred to in art. 1.4.

2. Information (including on the availability) of one or more goods on the Site.

2.1. Each good present and available within the Site is accompanied by a specific information sheet aimed at illustrating the main characteristics of the relative good, including its (updated) availability on the Site.

Specifically,the  Company specifies that the images of each asset present and available on the Site reproduce, as faithfully as possible, the relative characteristics indicated therein, without prejudice to any hypothesis in which the color or size may differ from the real and actual ones due to the setting of the computer / telematic systems used by the user for the display of the asset in question:  for this reason, the  Company points out that, for the purpose of the correct conclusion of the relative purchase contract, the user must take into account exclusively the description present in the information sheet of each asset published and offered for sale on the Site.

2.2. Given that the Site can be visited by several users at the same time, the  Company highlights that the hypothesis may occur for which, following the simultaneous sending of the purchase order by one or more users in relation to the same good, it may indeed no longer be available: in this case or in the event that theunavailability  of the good within the Site derives from a different reason,  The  Company  is  obligedto  notify, without delay, the user of such event.

In the event that the hypothesis described above occurs,the  Company will be obliged  to  offer the user the following proposals: (i) in the event that it is possible to restoup the goods ordered by the user, the Company will offerthe latter a deferral of delivery terms, taking care to specify the new delivery time of the goods being restoked,  where possible; (ii) in the event that it is not possible to restoge the goods ordered by the user, the  Company may offer the latter the supply of a different good of equivalent or greater value, without prejudice to the burden on the user to provide for the payment of the relative price supplement.

2.3. In the event that the hypothesis described in art. 2.2., the user is required to notify theCompany, without delay andin any case no later than 5 (five) days from the formulation of the proposals described in points (i) and (ii) of art. 2.2., the possible acceptance of one of them, through any means of communication agreed, even at a later time, between the user and the Company or indicated bythe a  stessa.

2.4. In the event that the hypothesis described in art. 2.2. and in the event that the user decides not to make use of the alternative options better described in points (i) and (ii) of art. 2.2. within the period indicated therein, the user has the right to terminate the purchase contract pursuant to art. 1453 of the Civil Code signed with theCompany, without prejudice to the rightto obtain reimbursement, without delay and in any case within the term of 14 (fourteen) days from the conclusion of the contract, of all the sums paid in execution of the purchase contract concluded with thea  Società: in this circumstance, the refund in question will be credited,  by theCompanyto  the entitled user, through  the same means of payment used by the latter for the execution of the initial transaction, unless the user has agreed otherwise.

2.5. In the event that the unavailability described in art. 2.2. concerns only one or some goods ordered by the user, la Company will beà  tenutto offer the same alternative proposals referred to in art. 2.2., including the consequent aspects described in Articles. 2.3. and 2.4.

2.6. The sale price of each good on the Site is to be understood as the final price valid for a unit of product / good or for a certain quantity of product / good, including applicable legal taxes; given this, the  Company specifies that the sale price of each good may be subject to a possible update / revision in increase or decrease:  for this reason, the  Company recommends tothe user   to ascertainarsi of the final sale pricebefore forwarding the relative purchase order to them.

In any case, in the event that the user has completed his purchase order despite an easily recognizable error inthe indication, by the Company, about the sale price of each asset on the Site or in relation to the calculation of the total amount of the purchase order, theCompany reserves the rightto cancel the relative purchase order,  sending, for this purpose, to the user a specific communication, and provide, consequently, to repay to the latter – without undue delay, but in any case within the term of 14 (fourteen) days from the communication of cancellation of the purchase order in question – the amount paid, through the same means of payment used by the latter for the relative (initial) transaction.

3. Methods of payment.

3.1. The payment of the price of the goods covered by the purchase contract can be made, by the user, through one of the payment methods best illustrated in the relative order form viewable on the Site.

4. Delivery methods.

4.1. La  Company undertakes to deliver, also through the help of third parties, to the user the goods covered by the purchase contract without undue delay and, at the latest, within 30 (thirty) days from the date of conclusion of the relative purchase contract; the delivery obligation is fulfilled through the transfer of the material availability or in any case the control of the goods to the relative buyer.

4.2. If the Company does not fulfill the obligation to deliver the goods within the period referred to in art. 4.1., the user invitesyou to  make the delivery within an additional period appropriate to the circumstances; if the additional period thus granted expires without the goods having been delivered by theCompanyto  the user, the latter is entitled to terminate the contract.

4.3. In the contract that places onthe Company the obligationto  provide for the shipment of the goods, the risk of loss or damage to the goods themselves, for reasons not attributable to the  Company, is transferred to the user only when the latter, or a third party designated and different from the carrier, physically comes into possession of the goods; however,  the risk is transferred  to the consumer already at the time of delivery of the goods to the carrier if the latter has been chosen by the consumer, and this choice has not been proposed bythe Company, without prejudiceto  the user’s rights towards the carrier.

5. User: registration and aspects related to the use of the Site.

5.1. The  Company gives the user the opportunity to proceed with the conclusion of a purchase contract, after registration on the Site or without having to register in advance on the Site itself.

In case of registration on the Site bythe user, the Company recommends, on the one hand, the user to keep and keep, with the utmost care and diligence, the credentials necessary to be able to access his personal account, and recommends, on the other hand, to the user himself to communicate, without delay,to the Company (even separately from each other) any information about any undue (even of a potential nature) use of the related  authentication credentials by unauthorized third parties.

In this regard, the user undertakes, in case of registration on the Site, to guarantee that the information provided for the creation of his personal account corresponds tothe truth and, therefore, undertakes to hold the Company harmless from any type of liability deriving from the violation, by the user or by a third party,  the registration procedure on the Site or deriving from the improper use of their authentication credentials by one or more unauthorized third parties or derivingfrom the incorrect and unsuitable storage and custody of the access credentials to your account. Furthermore, the user undertakes to use the Site in such a way as not to cause, directly or indirectly, any type of damage or malfunction of any type as well as in such a way as not to cause any disturbance, prejudice, damage to the Site or to each user of the same.

5.2. La Company reserves the right to limit, suspend or prevent (even indefinitely) a specific user from using the online services available on the Site, where he is responsible, even indirectly, for a violation of the GCS or the applicable legislation on the subject.

In this case,the  Company undertakes to inform,within a reasonable period not exceeding 30 (thirty) days,  the user of such event (including, the relative reasons),in order to allow the latter to clarify the facts and circumstances, also thanks to the help of the process of managing complaints that may be madeor availablebythe   Company: specifically, any complaint handling process made available bya Company aimsto  manage the related complaints in a reasonable period of time, and in compliance with the principles of transparency, equal treatment (with the same situation) and proportionality (also in terms of importance and complexity).

6. Withdrawal: exceptions, terms and conditions.

6.1. Fatta saves  the meaningand described in  art. 6.5.,  only the consumer user has a period of 14 (fourteen) days to withdraw from the purchase contract,withouthaving to provide any reason and without having to incur costs other than those provided for in art. 6.3.

The withdrawal period ends after 14 (fourteen) days starting: in the case of a contract for the purchase of a good, from the day on which the consumeruser, or a third party other than the carrier and designated by the consumeruser, acquires possession of the goods, or: (a) in the case of multiple goods  purchased by the consumer user through a single order and delivered separately,  from the day on which the  consumeruser, or a third party other than the carrier and designated by the  consumeruser, acquires physical possession of the last good; (b) in the case of delivery of  a good consisting of several lots or multiple pieces, from the day on which the consumer user, or a third party other than the carrier and designated by the consumeruser, acquires physical possession of the last lot or piece; (c) in the case of contracts for the periodic delivery of one or more goods, from the day on which the  consumeruser, or a third party other than the carrier and designated by the  consumeruser, acquires physical possession of the first good.

Before the expiry of the withdrawal period, the user consumatore is required to inform the  Company, through the methods of communications specifically prepared, of his decision to exercise the right of withdrawal from the relevant purchase contract: in this regard, the Company specifies that the consumer user has effectively (and promptly) exercised his right of withdrawal,  if the relevant communication was sent by the consumer user to the Company before the expiry of the period of 14 (fourteen) days indicated above.

Unless the Company has explicitly offeredto personally collect the goods subject to the right of withdrawal, the consumer user is required to returndirectly tothe Company or to deliver to a third party appointed for this purpose (e.g. courier) the goods in question, within the term of 14 (fourteen) days from the moment in which he has communicated tothe   Company its willingness to withdraw from the relevant purchase contract.

6.2. In the event that the right of withdrawal has been exercised in compliance with the terms, methods and subjective requirements better described in art. 6.1., the  Company undertakes to reimburse  –  without undue delay and in any case within the term of 14 (fourteen) days, starting from the moment in which the actual receipt of the goods subject to the right of withdrawal exercised takes place and from the complete execution of the verification operations aimed at checking compliance with the conditions better described in art. 6.4. or to the exceptions better described in art.  6.5. –  to the relevant consumer user any payment received for this purpose, by the same means of payment used by the latter for the relevant (initial) transaction, unless the user has expressly agreed otherwise.

6.3. In the event that the right of withdrawal has been exercised in compliance with the terms, methods and requirements subject to better described in art. 6.1., the consumer user is obliged to bear only the (direct) cost of replenishmentof the goods in favor of the  Company, unless  the latter has  agreed otherwise.

6.4. Furthermore, the right of withdrawal is intended to be exercised correctly not only in case of compliance with the provisions better described in Articles. 6.1. and 6.3., but also where the following conditions regarding the returned good are respected by the relative consumer user, following the exercise of the right of withdrawal: it must be returned in its original packaging (in the case of kits, the packaging must contain all the elements that compose it),including labels and any accessories  ; it must not have been used, subject to the exceptions provided for by art. 57 paragraph 2) of the Consumer Code; must not have been damaged; it does not have to be tailor-made or personalized. 

In the event that the Company ascertains the existence of one (or more) of the described conditions of obstacles, l a  stessa  provvede to communicate to the relative consumer user the non-acceptance of the right of withdrawal exercised, and, consequently, provideand return to the latter the good whose right of withdrawal has been refused,  with charge, to the relative consumer user, of the consequent shipping costs.

6.5. La Company also specifies that the right of withdrawal cannot be exercised by a professional user.

7. Conformity of the purchase contract.

7.1. The  Company has the burden of delivering to the user a good that complies with the relevant purchase contract; it is presumed that the goods conform to the relevant purchase contract if, where relevant, the following circumstances coexist: the goods are suitable for the use for which a good of the same type is usually used; the goods conform to the description made bythe  Company,  and possesses the qualities that the Company has presented to the user as a model / sample; the good presents the usual qualities and performances of a good of the same type, taking into account the nature of the asset and, where appropriate, the public statements on the specific characteristics of the good made, in this regard, bytheCompany.  

There is no lack of conformity if, at the time of conclusion of the purchase contract, the user was aware of the relative defect or could not ignore it with ordinary diligence or if the lack of conformity derives from an instruction or material provided, even indirectly, by the user himself.

7.2. La  Società specifies that, in this regard, the consumer user is subject to the protections provided for in Article 1519 sexies of the Civil Code and Article 132 of the Consumer Code, and that, on the contrary, the protections provided for in Article 1495 of the Civil Code apply to the professional user.

8. Applicable law, place of jurisdiction and alternative dispute resolution methods.

8.1. The purchase contract and the GCS are  regulatedby  the Italian or Community legislation applicable on the subject.

8.2. In the case of a consumer user, the mandatory territorial jurisdiction for the purpose of sequeing a dispute concerning the GCS or the purchase contract is of the judge of the place of residence / domicile of the consumer user; vice versa, in the case of a professional user, the mandatory territorial jurisdiction for the purpose of sequeing a dispute concerning the GCS or the purchase contract is of the Court of Milan.

8.3. Where possible, the consumer user also has the right to make use of alternative remedies for out-of-court dispute resolution provided for in the Consumer Code.

9. Hypothesis of non-access, even temporary, to the Site.

9.1. The  Company undertakes – as far as possible, and except for those events that can be connected, even indirectly, to the Internet – to ensure that access to the Site is provided without any interruption and that transmissions take place without any error; however, the  Company specifies that access to the Site may, occasionally or in case of need,  be suspended, limited or interrupted, in order to allow the execution of repair, maintenance operations or the introduction of new services and activities.

Legnano, there 20.10.2021 (date of last update)

DIGICOM S.r.l.

(in persona del  respectiveo  legale  rappresentante pro tempore)