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 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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)
(in persona del respectiveo legale rappresentante pro tempore)