GENERAL CONDITIONS OF SALE
Each use of this site occurs only with a registered user who has previously:
Read the relevant Privacy Policy and Processing of Personal Data, as per current legislation (Legislative Decree 196/2003 and subsequent amendments);
Read the General Conditions of Sale applied to purchases of goods on the site www.iotrack24.it, from this moment on “website” or “site” or “web portal” or “portal”.
Provided for the mandatory registration on the site as indicated in this document.
The website is designed and managed by the company
GS Management LTD
G. Preca Street PBK1460
Pembroke, Malta
VAT MT26470901
From this moment on “Company” or “Business” or “Owner”. NOTE
Registered users are advised from now on to memorize and/or print out the General Conditions of Sale present at the time of purchase.
Registration on the site is permitted only to persons who have reached the age of majority.
ARTICLE 1 – PURPOSE AND DEFINITIONS
The portal has the objective of selling products, goods, subscriptions and services on the internet via an e-commerce system; it is therefore necessary to better specify the terms that will be used in these General Conditions of Sale to help the user understand the text.
“Visitor”: is the person who navigates within the portal without having registered, without having created an Account, without having ever purchased on the portal;
“Registered User” / ”User”: is the person who has created an Account on the portal, therefore has their own User Name and password.
ARTICLE 2 – REGISTRATION ON THE SITE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The visitor who intends to purchase one or more products on the portal must first register to create an area dedicated to him. Registration is free. The visitor is therefore required to complete the required fields (name, surname, full billing address, any delivery address if different from the billing address, telephone number) with the relative “password” and “email address” by entering real and correct data in order to proceed with the delivery of the goods and by entering active and functioning email addresses in order to receive communications relating to his orders from the company.
The user is required to copy and paste the code in the account activation email in order to finalize and authenticate the registration and then be able to make purchases. The website will send an email confirming registration to the indicated email address. The user can change his data directly from his control panel at any time.
The user guarantees that the registration credentials provided during the registration process on the site are complete, correct and truthful. The user is guaranteed the confidentiality of their access data to the reserved area to prevent the misappropriation of sensitive data by others. The user undertakes to inform customer service directly in the event that they suspect, or become aware of, improper use or improper disclosure of their personal data. The user declares to hold the company harmless from any obligation to compensate, indemnity, sanction deriving from and/or in any way related to the violation of the rules relating to registration on the site.
Upon registration, the visitor is required to read and accept the General Conditions of Sale (also Terms and Conditions of sale), the refund and return policy and the Privacy and Cookie Policy, in order to finalize the registration. At any time, the registered user may view these conditions as well as the general conditions of use.
A visitor will not be able to create their own personal account and proceed with purchases if they have not first read and accepted the general conditions of sale and use.
The language available to users for the conclusion of the contract is English, so customer service will communicate with users in the same language.
It is possible to make a single registration per user. Multiple registrations will be cancelled. The user can request the cancellation of their account by contacting customer service directly.
By accepting these General Conditions of Sale, the user accepts the receipt of commercial and promotional offers from the website.
By accepting the General Conditions of Sale and Use, the user also accepts the fact that, if they use the services offered in an illicit manner (massive or too frequent purchase, failure to collect the products purchased for more than 2 consecutive times), the company may deactivate the account and refuse or cancel orders from:
(i) users with whom it has an ongoing legal dispute,
(ii) users
nti who have violated these General Conditions of Use and the General Conditions of Sale,
(iii) by users who have been involved in fraud of any kind and, in particular, fraud relating to credit card payments,
(iv) by users who have provided false, incomplete or otherwise inaccurate identification data.
Reserving the right to inform the competent Authorities in the event of any criminal and/or civil liability.
Your account and the data transmitted are protected by personal passwords and will be treated in accordance with current legislation on Privacy. For more information on this matter, please view the dedicated section accessible via the link located at the bottom of the site (footer).
ARTICLE 3 – PURCHASE ORDER, CONCLUSION OF THE CONTRACT, ORDER STATUS, RETENTION OF TITLE
After registering on the site, the electronic system composes the order in relation to the choices made by the registered user, details the items ordered, clearly indicates the price of the items and any discounts on the price of the same, details the cost of shipping and the payment method for the goods. A notification will be sent by email confirming the order containing the summary of the same (price for each product, quantity, payment method, delivery costs, date of the order, link to the conditions of sale and use). The customer is informed and takes note of the order that is sent to his email address.
The contract must be considered concluded at the moment of transmission of the order by the user to the site, after verification of the payment and the correctness of the data relating to the order. If a product is unavailable for reasons not directly related to the service offered, the staff will take care to propose a product with the same characteristics.
When the goods are delivered to the courier, the courier will contact the customer for delivery.
The customer can request accounting documents (Copies of invoices) at any time, preferably during the order phase via a note to the order, specifying the billing information. The invoice validates the product guarantee and allows the customer to have a tax document valid in accordance with the law in any situation. The invoice is issued based on the information provided by the user when placing the order via the site and which the user guarantees to be true. No changes to the invoice will be possible after it has been issued. The user undertakes to indemnify and hold the company harmless from any damages that may arise, including any sanctions, in the event that the data provided by the user via the site for issuing the invoice are not true.
The system guarantees a temporary personal archive that can be used by customers to view orders placed in the past containing the related invoices. In the event that the invoice is not available in your account, the user can always request it by contacting customer service directly.
The ownership of the products will be transferred to the user upon receipt, meaning the moment of collection of the Product. The risk of loss or damage to the products, for reasons not attributable to the company, however, will be transferred to the user when the user or a third party designated by him and other than the carrier, physically takes possession of the Products.
In any case, the company reserves the right of ownership of the Products until the full amount due has been paid.
ARTICLE 4 – PRESENTATION OF PRODUCTS AND PRICES
The technical sheets and details of each Product on the site are drawn up directly by our suppliers, therefore, the company declines all responsibility for any errors and/or inaccuracies and/or defects in correspondence between the descriptions and the actual Product. The photos inserted for each Product are indicative and not contractual, for this reason they may not correspond in color, size or accessories.
The images of the Products on the site are original photographs to be considered indicative and purely for illustrative purposes. Photographs, texts, PDFs, graphics, information and characteristics reproduced and illustrating the products are not contractual. The company cannot be held responsible, where applicable, in the event of an error or omission in one of these photos, texts, graphics, information or characteristics of the products or in the event of modification of the characteristics of the products by the suppliers. The prices of the products published on our site are in EURO and do not include shipping costs. The amount of shipping costs will always be indicated in the purchase order and calculated by the system in relation to the weight and dimensions of the product, without distinctions related to the place of delivery in the t
International Territory.
The prices of the items visible on the site may undergo periodic changes based on the adjustment of the price lists of our suppliers and/or material errors in the insertion/typing.
The products will be invoiced based on the rates in force at the time of confirmation of the orders.
The products offered comply with current European legislation and the rules applicable in Europe.
The company reserves the right to withdraw any product from the website at any time and/or remove or publish any type of material and/or content. It also reserves the right to modify and/or remove any form of promotion. Please note that the offers published on the site have a limited duration and with limited quantities of products.
ARTICLE 5 – PRODUCT STOCK
In each product sheet you can view the availability of the Product according to the following terminology: “Available”: the Product, at the time it is displayed, is available in our warehouses.
If the product is no longer available due to subsequent unavailability, the site will notify the user by email and the user will be entitled to immediately terminate the contract. If the payment has already been made, the company will refund the amount paid by the user and any other expenses incurred in processing the order as soon as possible. Termination of the purchase contract pursuant to this paragraph entails termination of any associated credit agreement.
ARTICLE 6 – PACKAGING AND PACKING
The goods are checked and packaged in suitable packaging in order to guarantee perfect and complete delivery. Bulky and/or heavy goods are placed on wooden pallets to reduce the risk of breakages due to transport.
In any case, the goods leave the company’s warehouses, or from affiliated warehouses, in excellent condition, intact and checked.
Users are informed that the courier could also cause damage to the contents of the package or packages. It is mandatory to check the condition of the packaging upon acceptance of the goods and in particular:
That the package is intact, not damaged or wet and in any case compliant with the standard characteristics of an ordinary package;
That the number of packages (number of packages) indicated on the transport document and in the email summarizing the contents of the order corresponds to the number of packages actually delivered.
Any complaints must be immediately raised with the carrier, in the absence of these, the product is considered to have been delivered intact and correctly. In case of doubt and to guarantee a fast and efficient after-sales service, please accept the package by signing “with specific reservation” specifying the reasons. Without written reservation it will not be possible to claim damage to the goods.
The company declines all responsibility for theft, shortages, breakages or damage. Users who accept the goods without reporting any problems upon delivery will not be able to subsequently avail themselves of the replacement, repair or compensation as the company cannot be held responsible for the transport.
ARTICLE 7 – DELIVERY
The company delivers the products exclusively on European territory through trusted couriers.
The average delivery time is between 6 and 8 working days, excluding weekends, holidays (excluding islands, remote locations and products on order). The delivery times indicated are merely indicative and not binding, not depending on the will of the company, they will also be indicated in the purchase order, as well as in the product sheet.
The company cannot be held responsible in any way for any delays due to acts of third parties and/or causes of force majeure.
The delivery obligation is deemed fulfilled through the transfer of the material availability or in any case of control of the products by the user.
Delivery is made only at street level, deliveries are not made by appointment.
The user acknowledges that the collection of the Product is his specific obligation and occurs at his exclusive expense.
When ordering, the customer undertakes to enter a correct postal address and/or verify any errors before confirming the order. Any impediment and/or particular condition related to the access routes to the delivery address must be indicated by the customer in the purchase order via a specific written email to customer service.
The user receives an email from the website when the goods have been packaged and ready to be collected by the courier. The courier sends an SMS or email to allow the shipment to be tracked. Each user can track the shipment by accessing their reserved area in “view the t
your orders” – track the package, or via the tracking link sent by email.
ARTICLE 8 – RIGHT OF WITHDRAWAL
Pursuant to Article 52 of the Consumer Code, the customer has the right to withdraw from the contract within 14 working days from the date of receipt of the goods, unless specifically indicated. In the case of separate delivery of multiple products ordered by the customer and forming part of a single purchase order, the right of withdrawal may be exercised within the fourteenth day following receipt of the last product ordered.
In compliance with current legislation, the withdrawal may be made by registered mail with acknowledgement of receipt to the company headquarters as indicated in the preface, or by equivalent means (example: PEC). The withdrawal may be anticipated using the appropriate form, also sending it by email.
In the event of correct exercise of the right of withdrawal, we will refund the amount due within 14 calendar days from the moment in which we will have received the communication and after having viewed the goods. The refund will be made using the same payment method chosen by the customer during the order confirmation phase.
The company declines all responsibility for any delays in crediting, which depend on the banking institution, the type of credit card or another payment method used.
The cost, methods and responsibilities for returning the goods are entirely borne by the customer.
The goods must be sent to the address written in the preface.
The withdrawal does not entitle the customer to a full refund of the price if the Product is not returned substantially intact, such as, for example, in the cases indicated below:
– Lack of the original packaging (it is therefore advisable to keep the original packaging of the product at least until the deadline for exercising the withdrawal);
– Lack of integral elements of the product (accessories, cables, shelves, screws, instruction manuals etc.);
– Products handled after delivery;
– Elements delivered disassembled but even partially assembled by the customer;
– Damage.
By way of example but not limited to, pursuant to Article 55 of the Consumer Code (Legislative Decree 206/2005), the right cannot be exercised in the case of:
Custom-made goods;
Clearly personalized goods;
Goods that cannot be returned or that risk deterioration or rapid alteration.
The shipment, until the goods are received in our warehouse, is the customer’s responsibility.
The company may suspend the refund until the products are received or until the user demonstrates that they have returned the products.
Please note: if the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund.
The company will notify the user, by email, within 5 working days of receiving the product, rejecting the request for withdrawal. The product will remain at the location available to the user for collection, which must be at the expense and under the responsibility of the user. The above does not apply to a Professional Customer as they do not enjoy the prerogatives provided for by the Consumer Code.
For opened and non-functioning or defective goods, the product must be sent to the Assistance centers. In the sheet of each individual product you will find the link that leads directly to the contacts of the assistance centers.
Any shops present in the national territory will not be able to accept returns of Products purchased on the Site.
ARTICLE 9 – PAYMENT METHODS
The portal uses the secure payment service Credit Cards: (Visa, Mastercard, Postepay) our payment page is a secure payment page in encrypted https format.
We rely on certified banking companies VeriSign Secured // Verified Visa // Mastercard Secured. To proceed with the purchase of one or more products with a credit card, select the type of credit card you want to use to proceed with the purchase and follow the instructions.
PayPal: to make online purchases only by entering your email address and password without entering your card number or other personal data. By clicking on the PayPal symbol, the user will be redirected to the PayPal portal page, will make the payment for the products according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed by the user with PayPal. In the case of payment via PayPal, the amount due will be charged by PayPal to the user at the same time as the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the r
refund will be credited to the user’s PayPal account. The times for re-crediting depend exclusively on PayPal and the banking system, the company cannot therefore be held responsible for any omissions. The user, for any disputes, must contact PayPal directly.
SEPA.ARTICLE 10 – CUSTOMER SERVICE
For any questions or information, you can contact our Customer Service.
ARTICLE 11 – OBLIGATIONS AND RESPONSIBILITIES
The company undertakes to correct all errors in the description of the products offered on the site, as quickly as possible, starting from the reporting of the same. The reporting of such errors can be done by clicking on the link on the home page “contacts”. We thank you in advance for your kind cooperation.
The company is not responsible for damages, of any nature, resulting from the installation and/or use of the product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damages resulting from unforeseeable circumstances or force majeure.
ARTICLE 12 LEGAL GUARANTEE OF CONFORMITY
All products purchased on the portal enjoy the legal guarantee of conformity as provided for by the current EU and national legislation. Consumers can enjoy in particular the guarantee provided for in the consumer code (DLGS 206/2005) as provided for by Articles 128-135 under Title III – LEGAL GUARANTEE OF CONFORMITY AND COMMERCIAL GUARANTEES FOR CONSUMER GOODS to which express reference is made.
In European legislation, reference is made to the Consumer, as the person who purchases and uses a good for personal purposes, and to the Professional, as the person who purchases products with the purpose of using them for a professional activity.
The rights of each individual subject and the methods for enjoying these guarantees are explained in more detail below.
Guarantees for the Consumer Customer
The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months of the date on which it was discovered. In the event of a lack of conformity, the consumer has the right to restore, without charge, the conformity of the goods through repair or replacement, or to an appropriate reduction in the price or to the termination of the contract, as provided for by Article 130 of the Consumer Code.
The consumer may ask, at his choice, the seller to repair the goods or replace them without charge in both cases, unless the requested remedy is objectively impossible or excessively onerous compared to the other.
Unless proven otherwise, it is presumed that the lack of conformity manifests itself within six months of delivery of the product and already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity.
In order to exercise the right of legal guarantee, the user must provide proof of the date of purchase and delivery of the goods. It is therefore advisable to always keep the receipt/invoice of purchase, as well as the documents confirming the shipment and delivery of the product.
Products repaired, modified or in any way altered by the user are excluded from the legal guarantee, as are any faults or malfunctions or defects of any other kind caused by accidental events or by responsibility attributable to the user or by non-compliant use of the product.
In the event of termination of the contract, the company undertakes to refund the price paid in addition to shipping costs and any additional costs. In the event of a price reduction, this will be previously agreed between the parties and subsequently the company will refund the amount due according to the forms and methods agreed.
The company will direct the customer to the manufacturer’s assistance centre if the repair or replacement of the product is chosen.
Guarantees for the Professional Customer
The professional may only benefit from the guarantee for defects of the item sold pursuant to and for the purposes of Article 1495 and following of the Civil Code. By way of example, this guarantee is valid for 12 months from the time of purchase and the defect must be reported within 8 days of its discovery. We therefore invite professional users to contact customer service for any eventuality.
ARTICLE 13 – USE OF COOKIES
To offer a personalized service and make navigation easier, the portal uses cookies. For a thorough consultation, it is advisable to consult the “Privacy and Cookie Policy”.
ARTICLE 14 – LEGAL NOTES AND PROPERTY RIGHTS
The information, logos, graphic elements, images, trademarks and anything else published and/or r
iproduced on this site are owned, or granted by third parties, by or for use by the company.
The reproduction of the site content is permitted only with prior written authorization from the company; it is therefore forbidden to reproduce even partially the textual and non-textual content present on the site.