Terms and Conditions of Sale

These terms and conditions governing the contract of sale between the online buyer using the store.iXOOST.it (hereafter referred to as ‘the Buyer’ for the sake of clarity) and

iXOOST S.r.l.

Via Corletto sud, 320

41126 Modena Italy

 

(hereafter referred to as ‘the Vendor’)

 

1. Contents of the General Conditions of Sale

The following Conditions of Sale govern all contracts of sale entered into between the Buyer and the Vendor through store.iXOOST.it. Each contract is subject to the terms and conditions published on the site at the time the contract is concluded (see article 3).

 

By ‘Buyer’ we refer to any individual and/or legal person acting on www.iXOOST.it for purposes not related to his trade, business or professional activity. If you are not a ‘Buyer’, please refrain from using store.iXOOST.it.

 

Any changes proposed by the Buyer shall not alter the General Conditions of Sale unless expressly accepted in writing by the Vendor.

 

2. Contract parties and geographical area

store.iXOOST.it is intended for the exclusive use of final consumers is therefore designed for retail purposes.

 

Any claims arising from online transactions and home delivery to the final Buyer must be addressed to the Vendor.

 

Products purchased through http://store.iXOOST.it/ will only be delivered to Buyers who provide a valid delivery address, including telephone number. All shipping costs shall be met by the Buyer.

 

3. Provisions of the Contract

All the information on products featured on store.iXOOST.it, such as technical specifications, pictures, dimensions or compatibility data is non-binding and subject to change at any time, unless they expressly indicated as binding. In the event of the Buyer being led into error by the above information, goods may be refused in keeping with our Right of Return Policy.

 

The offers on store.iXOOST.it are not binding for the Vendor and do not constitute an offer to the public, but merely an ‘invitation to treat’.

 

The Buyer’s purchase order is a binding contractual proposal. The purchase order is accepted by the Vendor on confirmation of order sent by email, which contains part of the conditions of sale, the description of product features, the essential aspects of the contract (price, any shipping expenses, payment methods and estimated delivery times), and the system adopted by the Vendor for order filing and data storage, as well as procedures for the correction of the message containing the order.

 

The contract is concluded and comes into effect when the Buyer receives the Order Confirmation. The Order and the Order Confirmation shall be deemed received in the moment that the parties to whom they are addressed access their email.

 

Should the Buyer fail to receive the Confirmation Order from the Seller within 48 hours of ordering or any other communication sent, the Buyer shall promptly contact the seller at the following address: info@iXOOST.it.

 

Once the Buyer receives confirmation of the order, at least 50% of the total amount must be paid in form of deposit. The remaining 50% will be paid by Buyer within 30 days of receiving the shipping notice. Shipping to the address specified by the Buyer will only take place after payment.

 

After 30 days of the shipping notice, if the Vendor has not received the balance due, the Vendor reserves the right to terminate the contract without penalty and without the return of sums paid by the Buyer in the form of deposit.

 

The methods and means of payment will be outlined in the Order Confirmation.

 

4. The Purchase of Products

The products featured on store.iXOOST.it may be purchased by selecting them followed by the subsequent insertion of any accessories that may be sold with them. Once the products have been selected, in order to complete the purchase, the Buyer will be asked to provide the data required to enable the completion of the Contract. In particular, in a specific section of the site, the Buyer will be required to outline his/her personal data, e-mail, resident address and the address for the delivery of the goods (if different from the resident address), billing address and a telephone number at which s/he may be contacted should the need arise to inform him/her of changes to the date of delivery.

 

For accounting/administrative purposes, the Vendor reserves the right to verify the general information provided by the Buyer.

 

The site also features products for sale to be assembled and/or customised specifically for the Buyer, provided only in the light of specific requests made by the Buyer, given the craft production needed and high manufacturing quality of such products for the specific customisation required by the Buyer.

 

5. Delivery of Goods

Product availability is shown in the of store.iXOOST.it catalogue. Delivery times indicated are not binding unless otherwise indicated under a separate agreement. However, the Vendor will do everything possible to respect the times given.

 

The Vendor cannot guarantee that the availability shown is updated in real time. In this case, the Buyer will be informed immediately should the goods not be delivered, and any payment made by the Buyer will be refunded without delay and without payment of damages, penalties or interest whatsoever.

 

Upon receipt of the goods, the Buyer must immediately check that the delivery is complete and correct and inform the seller of any problems without delay by writing to: info@iXOOST.it.

 

6. Prices and Shipping Costs

The price of the Products is as given in the price list published on the day the order is made and before the issuing of the Order Confirmation.

 

The final prices do not include VAT and this will be charged as regulated under current law.

 

Additional shipping and delivery costs may be determined by the type of delivery and the location of the recipient’s address. These costs are shown separately before the order is sent and in the order confirmation sent by e-mail.

 

It is the Buyer’s responsibility to pay taxes and any other fees applicable in his/her country of residence.

 

7. Payment

Orders placed on store.iXOOST.it may be paid by credit card or bank transfer. The Vendor will indicate all methods of payment in the Order Confirmation.

 

8. Guarantee

8.1 Legal Warranty of Vendor

In keeping with Directive 44/99/CE, the Vendor will issue a legal warranty on the product in the event of its failing to comply with the specifications laid out in the contract of sale, in accordance with applicable law.

 

The statutory warranty period of two years required by the Directive is provided directly by the Vendor, and the Buyer may use it for any lack of conformity of the product, to obtain a replacement of the product, a price reduction or termination of the contract within a reasonable time, taking into account the nature of goods (wherever possible).

 

However, the warranty does not cover usage that does not conform to that established by the Vendor/Manufacturer. The policy does not cover normal wear and tear.

 

Any possible claim shall must be accompanied by proof of purchase (tax documents issued by the Vendor/payment receipts).

 

8.2 Manufacturer’s commercial warranty

The Manufacturer issues a factory warranty (commercial warranty), which may be included in the package. The length of this warranty is limited to twelve months, except under circumstances indicated explicitly in the invoice directly from the manufacturer or on the warranty certificate. Terms of use and warranty are as noted on the warranty certificate accompanying the product.

 

This warranty does not affect the statutory rights of the Buyer.

 

In the event that the warranty certificate accompanying the product does not reflect the regulations of the country where the goods are received, please contact info@iXOOST.it.

 

In this case, the following information must be provided:

Name and Surname of the Buyer;

Product serial no.;

Product Description;

Description of the fault found;

Type of assistance requested;

Geographical area in which assistance is required.

Any faulty components will be repaired or replaced within a reasonable period of time and free of charge. In order to obtain service under warranty, the Buyer shall contact the Vendor and return the product at his/her own expense to the address given by Vendor along with proof of purchase.

 

8.6 Protection

The terms of this warranty substitute all other warranties or conditions, except those provided by law. The warranty does not affect any statutory rights and does not preclude any protection guaranteed by law.

 

This warranty is non-transferable.

 

In countries where the limitation of liability it is not precluded, the maximum liability for iXOOST Ltd. cannot exceed the price actually paid for the purchase of the product except in cases of willful misconduct or gross negligence. iXOOST Ltd. disclaims any liability for damages other than ordinary incidental, consequential, or indirect, except in cases of willful misconduct and gross negligence.

 

This warranty is void if the serial number has been removed or altered.

 

8.7 Transmission of Complaints

Any complaints must be filed promptly by the Buyer and never more than 60 days after the date on which the lack of conformity is detected. During this period the product cannot be used. The claim may be submitted to the Vendor online, who will immediately notify the Buyer either of the nearest service point or how to return the product. The after-sales service may substitute the Vendor (without releasing the Vendor from his/her liabilities) and be managed directly by iXOOST Ltd. via its own networks.

 

9. Product Liability

The regulations set out in Directive 85/374/EEC as regards damage caused by the product apply.

 

10. Copyright

All content on store.iXOOST.it is protected by copyright. All proprietary rights belong to iXOOST Ltd.

 

This website may not be reproduced in whole or in part, transferred by electronic or conventional, modified, linked and used for public or commercial purposes without the prior written consent of iXOOST Ltd.

 

11. Governing law and jurisdiction

11.1 The applicable Law is that of Italy; however, the Buyer cannot be denied rights under the legislation of his/her own country.

 

11.2 Any dispute arising out of or connected with these ‘Terms and Conditions of Sale’ will be submitted to the competent Court as defined by the rules found in the Consumer Code (Legislative Decree 6 September 2005, No. 206). If relations between the Parties are to be handled by legal professionals, the court of jurisdiction is that of Modena, Italy.

 

12. Final Provisions

If any of these General Terms and Conditions should be invalid or become invalid at a later date, this shall not affect the validity of the rest of this contract. In this case, the invalid clause shall be replaced with a term that represents the original intent and economic purposes as closely as possible, or with the appropriate statutory provisions.

 

The Vendor reserves the right to amend these terms and conditions at any time. The amended general terms and conditions shall be made accessible online at http://store.iXOOST.it/.

 

13. Data Security

User data is protected to the greatest extent possible against loss, falsification, manipulation and improper use by third parties. For other legal information relating to the processing and protection of user data, please read the Privacy Policy of the site.

 

14. Right to Return Policy

 

1. A) Purchase of Products

If for whatever reason the Buyer is dissatisfied with his/her purchase, he/she shall be entitled to terminate the contract without penalty, stating his/her motivations on the Return Form within 15 working days of the date of delivery of the product.

 

The Buyer may exercise the right of withdrawal within the above terms, following the procedure outlined below. The return of products must be made to the following address at the Buyer’s expense:

 

iXOOST S.r.l.

Via Corletto sud, 320

41126 Modena – Italy

 

Products must be returned in the same state in which they were received, i.e. in perfect condition, complete with all parts, unused, and with any original manuals.

 

It is understood that the risks of transport for the return of Products shall be fully borne by the Buyer.

 

The Vendor will take delivery of the unwanted goods, and will ensure that they have been returned as delivered to the Buyer. For this reason, the original packaging should be covered with other protective packaging to guarantee the integrity and protect it also from writing or labels.

 

The Vendor will refund the Buyer the amount paid for the purchase of the Products, excluding the contribution of transport costs and possible duties applied by law, provided that the Products have been returned in accordance with the above.

 

The above-mentioned refund will be made by crediting or refund of sums paid by Buyer for the purchase of products depending on the mode of payment used.

 

Furthermore, s/he may not exercise this right for any customised products or any other small differences from the ‘Standard’ proposal made in the site, or for those products which by their nature are liable to deteriorate or expire rapidly.

 

1. B) Defective Products

It is the Buyer’s right to return any product that may display defects on reception within 10 days after the identification of the defect.

 

The Vendor will take delivery of the Product, and will have the right to perform quality checks to verify the claims of non-compliance.

 

In the event of ascertained non-conformity, the Seller will reimburse the Buyer for the costs incurred in returning the defective product, will replace the product with an equivalent or refund the purchase price, including transportation costs.

 

A refund will be made by crediting or refunding the sums paid by the Buyer for the purchase of the products on the basis on the means of payment used.