The offer and sale of Products on the “www.tribe-tech.com“ website are regulated by the following General Terms and Conditions of Sale also based on that required by Decree No. 21 dated 21.2.2014 with regard to the amendments included in Section I Title III Part III of Decree 206/2005. The products purchased on “www.tribe-tech.com“ are supplied by Maikii s.r.l., with its head office in Vascon di Carbonera (TV), Via G. Bortolan 44, registered with the Treviso Chamber of Commerce at No. Tv-0330756 of the Trade Register, Tax Code: IT 04196500260, telephone 0422/447700, fax 0422/447773, email email@example.com hereinafter referred to as “Seller” or “Supplier”.
1.1 The “Online sales contract“, is understood as the sales contract Involving the Products of the Seller, stipulated between the latter and the Consumer, hereinafter referred to as the Buyer, within a system of distance selling organised by the Seller through telematics instruments, and regulated by the present General Terms and Conditions of Sale.
1.2 The “Buyer“ is understood as the person who makes the purchase for purposes not relating to any entrepreneurial, commercial, handicraft or professional activities. Any contracts concluded with subjects other than the Buyer will be disciplined by Decree 70/2003 and by the sales regulations pursuant to articles 1470 et seq. of the Italian Civil Code.
1.3 The “Supplier/Seller“ is the subject referred to at the beginning of this document.
2. PURPOSE OF THE CONTRACT
2.1 With the online sales contract, the Supplier sells and the Buyer purchases by paying the relevant price of the items indicated and offered for sale on www.tribe-tech.com, in particular, USB flash drives, covers and accessories for smartphones and tablets (hereinafter named the “Products”).
2.2. The General Terms and Conditions of Sale only regulate the offer, forwarding and acceptance of purchase orders of Products on the tribe-tech.com. website. The General Terms and Conditions of Sale do not apply to the supply of services and/or the sale of products by persons other than the Seller that are present on the site through links, banners or other hypertext links.
3. ON LINE SALES CONTRACT AGREEMENT
3.1 To make a purchase the Buyer must select one or more Products to put into his shopping cart and email the order form provided by PayPal, following the relevant instructions. Before sending the “PayPal shopping cart” order form, the Buyer is requested to find and correct any errors in the information given.
3.2 The order form does not contain the complete General Terms and Conditions of Sale , but reference to the same, a summary of the Products ordered, the relevant prices (including all applicable taxes), the means of payment which may be used to purchase each Product and forwarding charges. Before sending the order, the Buyer is required to carefully read these General Terms and Conditions of Sale and pertinent information as this is obligatory for the execution of the order as indicated hereunder in article 9.3.
3.3 The online sales contract is concluded when the Seller receives the order form from PayPal and payment of the Products, with the relevant credit operation on his PayPal account. The contract is not considered complete and efficacious if all the terms and conditions referred to in the previous points have not been respected.
3.4 Once the online sales contract has been concluded, the Seller assumes the responsibility of the purchase order and sends an email to confirm having received the order. The Seller reserves the right to ask for further information from the Buyer for the invoicing of the Products. If the information requested is not provided, the Seller has the right not to accept the order.
3.6 The order form will be registered by PayPal for the period of time necessary for the conclusion of the transaction. The Buyer will receive a printable summary purchase order from PayPal, and will be given a specific identification number, which must be used in any subsequent communication with the Seller.
3.7 The Seller may not carry out purchase orders that are incorrect or incomplete, or where the Products are not available. In all these cases, the Buyer will be informed via an email that the contract has not been concluded and for what reason. Should the Products on tribe-tech.com no longer be available, the Seller will send an email to the Buyer within 15 (fifteen) days after the day the order was sent. In the case of the order form being sent and payment effected, the Seller will refund the Buyer with the amount already advanced, by crediting the sum to the credit card used for the purchase or to the Buyer’s PayPal account.
4. METHOD OF PAYMENT
4.1 Payment of the price of the products and the relevant forwarding charges may be carried out by the Buyer by paying cash on delivery, by credit card or by one of the methods indicated in the order form supplied by PayPal.
4.2 For further information on how to use PayPal, the Buyer may consult the website www.paypal.it.
5. TIME AND METHOD OF DELIVERY
5.1 The Seller accepts orders which foresee delivery both in Italy and the rest of the World. For all products delivered, the Seller issues the invoice with data given by the Buyer. Except if otherwise agreed by the parties, the Seller is obliged to deliver the items not later than 30 (thirty) days from the date of completion of the contract.
5.2 For delivery of the Products the Seller uses the express delivery services of DHL (hereinafter called the “Courier”). The Seller gives the Products to the Courier in the five working days after the day the order is accepted and, in any case, not beyond the next five days. The Products are contained in the original packaging of the producer or in boxes sealed with adhesive tape brand-marked by the Seller, or in sealed plastic-coated envelopes with the logo of the Courier used.
5.3 The deliveries are carried out during working days, from Monday to Friday (hereinafter “Working Day/s”). The Courier’s home delivery times to the Buyer are indicated on its website and are in any case to be considered approximate, and could vary due to circumstances beyond control, difficult traffic conditions, strikes or intervention by the Authorities.
5.4 At the time the items are delivered by the Courier, the Buyer is obliged to check: – that the number of parcels delivered corresponds to that indicated in the Courier’s waybill; – that the packaging is not damaged, wet or altered. Once the Courier’s transport document has been signed, the Buyer may no longer make any complaints as to the external condition of the Products delivered.
5.5 The Buyer is obliged to pay a contribution for delivery costs (hereinafter indicated as “Delivery Charges”) of € 3.00 for Italy, € 7.00 for Europe and € 25.00 for deliveries outside the EU. The Seller my request an additional amount for deliveries to other countries. In this case, the Buyer may decide to cancel the contract and the amount spent will be refunded within five days. Standard delivery. Delivery is carried out at the street address during Working Days from 7.30 to 18.00. The Courier makes a first delivery without notice. Should the Buyer be absent, the Courier leaves a note that he has been (a delivery slip is left in the post box or a sticker on the front door bell) and he attempts the delivery again the next Working Day. Should the Buyer once again be absent, he will be contacted by the Seller’s staff to determine another delivery. If delivery is not effected at the third attempt, the product will return to the Seller’s warehouse, the order will be cancelled and the price of the product will be refunded to the credit card of the Buyer. Average delivery times from the time the Products are given to the Courier are 48 to 72 hours for the whole of Italy and a maximum of 4 days for deliveries outside Italy. For information regarding the delivery. The Buyer can verify the progress of the Product delivery by contacting the Seller’s call centre at Tel. No. 0422/447700 or at the email address firstname.lastname@example.org.
6.1 Selling prices of the Products shown and indicated on the website www.tribe-tech.com include VAT and all other taxes. Forwarding costs and any additional charges, if present and not included in the purchase price, are indicated and calculated in the purchase procedure and are also contained in the order summary sent by PayPal to the Buyer.
6.2 The prices of the products are subject to updates and changes. The Buyer is obliged to ascertain the final selling price before sending the order.
7. LIMITATION OF LIABILITY
7.1 The Seller does not accept any responsibility should an order not be fulfilled in the time foreseen by the contract due to circumstances beyond control and for which the Seller is not responsible.
7.2 The Seller cannot be held responsible to the Buyer for any bad services or malfunctioning connected to the use of the Internet, that are out of the his control and in any event are not attributable to any gross negligence or wilful misconduct.
7.3 Furthermore the Seller will not be responsible for any damages, losses and costs that the Buyer is subjected to following the non-performance of the contract for reasons not attributable to him by way of gross negligence or wilful misconduct. In any event, the Buyer will only have the right to the full refund of the price paid and any additional charges incurred.
7.4 The Seller will not be responsible for any fraudulent or illegal use which may be made by third parties of the credit card and other means of payment utilized by the Buyer, should he prove that he has adopted all precautions possible based on the best science and experience of the moment and on the basis of ordinary diligence.
7.5 Under no circumstance will the Buyer be held responsible for delays or omissions when paying should it be shown that payment was carried out in the time and with methods indicated by the Seller.
8. WARRANTY AND LIABILITY OF THE SELLER
8.1 All Products sold on tribe-tech.com are covered by the official warranty of the producer in compliance with article 114 of Decree No. 206 dated 06-09-2005 (Consumer Code).
8.2 The Seller is liable for damage caused by defects of the items sold should he omit to inform the claimant, within three months of the request, of the identity and domicile of the producer or person who supplied the item.
8.3. The request for damages by the claimant must be carried out in writing and must indicate the Product which is damaged, and the place and date of purchase. It must also contain the Product offer examined, if it still exists.
8.4 The Seller cannot be held responsible for consequences deriving from a defective Product if the defect which caused the damage did not exist when the producer put the product into circulation, if the defect is due to the compliance of the Product with mandatory legal regulations or to a binding measure, or if the scientific and technical knowledge, at the time the producer put the Product into circulation, did not allow the product to be considered defective yet.
8.5 No compensation is due should the claimant have been aware of the Product’s defect and the danger deriving from it and to which he nevertheless exposed himself to.
8.6 With regard to the Products, the Seller gives legal guarantee as to compliance with the terms and conditions included in articles 128 et seq. of the Consumer Code. The rights arising from such guarantee may be exercised by the Buyer on condition that the Products have been used correctly, with due care and in respect of their intended use and according to the attached instructions, as well as the prior display of documentation received with the Products and the details of the relevant order.
9. OBLIGATIONS OF THE BUYER
9.1 The Buyer promises to pay the price of the Product purchased in the time and with the methods indicated in the present General Terms and Conditions of Sale.
9.2 Once the purchase procedure has been concluded online, the Buyer promises to print and conserve the General Terms and Conditions of Sale, as well as the order form and order summary sent by PayPal.
9.3 The information contained in the present General Terms and Conditions of Sale have already been seen and accepted by the Buyer, who acknowledges this since this step is obligatory before confirmation of purchase, in conformity with the above point 3.5.
10. RIGHT OF WITHDRAWAL
10.1 The Buyer has, in any case, the right to withdraw from a stipulated contract, without any penalty and without giving a reason, within 14 (fourteen) working days from receiving the item purchased.
10.2 Should the Buyer decide to make use of the right to withdraw, he must notify the Seller via a registered letter with return receipt requested, addressed to Maikii s.r.l., Via Bortolan 44, 31050 Vascon di Carbonera (TV), giving advance notice of this via email to the address: email@example.com.
10.3 The Buyer will see to the forwarding of the Product accurately packed in the original package, complete with every accessory, instruction manuals and everything it initially contained.
10.4 The re-delivery of the item will not be later than 14 (fourteen) days from the date in which the Buyer notified the Seller of his decision to withdraw.
10.5 To have the right to the refund of the price paid, the item must be returned undamaged and in any case, in good condition. The right of withdrawal is totally forfeited should the returned item be damaged, or: – without the original packaging – missing parts of the product (accessories, cables, instruction manuals etc.) – damage to the product for reasons other than the transport.
10.6 In the case of partial withdrawal for the purchase of several items, any Delivery Charge paid by the Buyer will not be refunded.
10.7 The only expenses due by the Buyer to exercise the right of withdrawal, according to the present article, are the expenses for the return of the item to the Seller.
10.8 After returning the Products, the Seller will do all the necessary checks to see that the Products are in good condition in compliance with the terms contained in the previous articles. Once ascertained that the Products are in good condition, the Seller will email the Buyer to confirm acceptance of the returned Products and will proceed to cancel the order and issue the relevant credit note.
10.9 The Seller will see to the refund of the entire amount paid by the Buyer, by a refund to the credit card used for the purchase or the Buyer’s PayPal account or through a credit transfer in the case of cash on delivery. This will be carried out in the shortest possible time or in any case within 14 (fourteen) days from receiving the notification of withdrawal.
10.10 On receiving the notification with which the Buyer exercises his right of withdrawal, the parties of the present contract are freed of reciprocal obligations, except that required in the previous clauses of this article.
10.11 The Seller is not obliged to refund additional costs should the Buyer have expressly chosen a type of delivery which is different from the cheaper delivery offered by the Seller.
11. NOTIFICATIONS AND COMPLAINTS
11.1 Any complaints regarding delivery of the Products and their characteristics at the time of delivery must be reported to the Seller by phoning 0422/447757 or by writing an email to firstname.lastname@example.org. Complaints must contain a description and reasons for the complaint.
11.2 Damaged Products or the wrong number of parcels: any external damages or the wrong number of parcels must immediately be pointed out to the Courier, “acceptance with reserve” must be written on the waybill of the courier and it must be reported within 8 days, via the abovementioned means of communication,
11.3 Delayed delivery: delays may be notified within 6 days of non-delivery with respect to the scheduled delivery date.
11.4 The Buyer must give information as to the residence, telephone number or email address where the Seller’s communications should be sent.
12 APPLICABLE LAWS
12.1 The present contract is regulated by Italian law. The binding territorial jurisdiction is that of the judge of the place of residence of the Buyer if located on State territory, except in the presence of mandatory laws in favour of foreign Buyers.
12.2 For the settlement of disputes the Seller does not make use of extrajudicial bodies as provided in article 19 of Decree 70/2003, therefore any disputes regarding the online sales contract will fall within the competence of the Ordinary Judge, except in the presence of different compulsory provisions of the law on this matter.
13. FINAL CLAUSE
13.1 The present contract cancels and substitutes every agreement, negotiation, written or verbal, which took place previously between the parties and concerning the subject of this contract.
13.2. Any cases of invalidation or inefficacy of the individual clauses will not vitiate the validity or efficacy of the whole document.