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TERMS AND CONDITIONS
Website Terms of Use
These terms of use govern access to the e-commerce website www.tracksidelab.com and the use of the services and contents present therein (images, software, texts, trademarks and logos, colour combinations, structures and designs). Anyone who accesses and/or uses the Site www.tracksidelab.com assumes the status of “User” and accepts, from the moment of their first access and/or use, these terms, which apply independently of the General Terms and Conditions of Sale. Failure to accept these Terms does not allow further access to or use of the contents and services of the Website.
THE PORTAL
Access to the website www.tracksidelab.com is free and without charge.
The Portal www.tracksidelab.com is owned by tracksidelab with registered office in Via Luigi De Maio 1/3 - Sorrento – Italy, tel. +39 0818706727, VAT No. 10743761214 (hereinafter the “Operator”).
The User declares that they accept the website “as it is”. The Operator is not responsible for any direct or indirect damages that may possibly arise from the use of the website. Without any prior notice, the Portal and its contents may be modified or replaced. Any information and/or request may be sent to: info@tracksidelab.com.
ONLINE PRIVACY PROTECTION
All data transmitted by the User, through access to or use of the website, will be processed in accordance with the rules of “Online Privacy Protection”, available on the Privacy Policy page, which are hereby expressly referred to and accepted by the User.
USER OBLIGATIONS
The user undertakes not to transmit, disclose, send, communicate or store information and other materials:
– protected by copyright or revealing trade secrets;
– obscene, defamatory, threatening, harassing, offensive, slanderous, sexually explicit;
– unsolicited messages or messages constituting advertising or solicitation to purchase, surveys, chain letters;
– containing viruses, Trojan horses, worms, time bombs and other elements intended to damage, intercept or improperly use data, information, physical and logical structures of the operator and/or third parties.
The user also agrees to:
– not access protected website data or data for which they are not authorised and not violate the system or security measures of the website;
– not act in such a way as to unreasonably or disproportionately overload the physical and logical systems of the website, including through “flooding”, “spamming”, “mailbombing” or “crashing” actions;
– not use devices, software programs or anything else for the purpose of compromising or attempting to compromise the proper functioning of the website, nor attempt to decrypt, decompile, disassemble or decode the software that composes or constitutes part of the website;
– not use or attempt to use engines, software programs, tools, agents or other mechanisms (such as, for example: spiders, robots, etc.) that allow browsing or performing searches within the website without using the search engines or agents of the same.
Any unlawful conduct or conduct not compliant with what is provided herein will be prosecuted according to law before the competent authorities.
COPYRIGHT RIGHTS ON INDUSTRIAL DIRECTIVES
All copyright rights relating to the contents of the website (such as text, graphics, photographs, images, user interface) as well as the selection, coordination and organisation thereof are owned by the Operator or by any third-party licensees. No statement possibly contained on the website grants any licence or industrial rights over the copyright of the Operator or third parties.
The contents of the website are intended solely for the Users and Customers of the website; unauthorised commercial use of the contents present is prohibited. The User may freely view the contents of the website, print them, copy them and save them on the hard disk of their computer or on another physical medium, under their own responsibility and exclusively for personal and private use, in compliance with the legislation in force regarding copyright protection. All rights concerning trademarks, product names, trade names, logos, packaging and design of all products or services of the Operator or third parties, both in extended form and with the trademark symbol, belong exclusively to the legitimate owners, in accordance with international agreements and the laws in force on the matter. All uses that may violate such rights are expressly prohibited.
HYPERLINKS
The website may contain hyperlinks to other websites. The Operator assumes no responsibility for any contents or services offered by third parties, nor does it guarantee the technical availability, reliability, lawfulness of any material and information contained in the linked websites. In the same way, the possible inclusion of a link does not imply any type of association, merger or participation of the Operator with the owners and contents of the linked websites.
DURATION AND MODIFICATION OF THESE TERMS
The Operator reserves the right to modify, without any prior notice, these General Terms of Access and Use. Any modifications will take effect immediately from the first publication on the website and until any new modifications.
These terms of use govern access to the e-commerce website www.tracksidelab.com and the use of the services and contents present therein (images, software, texts, trademarks and logos, colour combinations, structures and designs). Anyone who accesses and/or uses the Site www.tracksidelab.com assumes the status of “User” and accepts, from the moment of their first access and/or use, these terms, which apply independently of the General Terms and Conditions of Sale. Failure to accept these Terms does not allow further access to or use of the contents and services of the Website.
THE PORTAL
Access to the website www.tracksidelab.com is free and without charge.
The Portal www.tracksidelab.com is owned by tracksidelab with registered office in Via Luigi De Maio 1/3 - Sorrento – Italy, tel. +39 0818706727, VAT No. 10743761214 (hereinafter the “Operator”).
The User declares that they accept the website “as it is”. The Operator is not responsible for any direct or indirect damages that may possibly arise from the use of the website. Without any prior notice, the Portal and its contents may be modified or replaced. Any information and/or request may be sent to: info@tracksidelab.com.
ONLINE PRIVACY PROTECTION
All data transmitted by the User, through access to or use of the website, will be processed in accordance with the rules of “Online Privacy Protection”, available on the Privacy Policy page, which are hereby expressly referred to and accepted by the User.
USER OBLIGATIONS
The user undertakes not to transmit, disclose, send, communicate or store information and other materials:
– protected by copyright or revealing trade secrets;
– obscene, defamatory, threatening, harassing, offensive, slanderous, sexually explicit;
– unsolicited messages or messages constituting advertising or solicitation to purchase, surveys, chain letters;
– containing viruses, Trojan horses, worms, time bombs and other elements intended to damage, intercept or improperly use data, information, physical and logical structures of the operator and/or third parties.
The user also agrees to:
– not access protected website data or data for which they are not authorised and not violate the system or security measures of the website;
– not act in such a way as to unreasonably or disproportionately overload the physical and logical systems of the website, including through “flooding”, “spamming”, “mailbombing” or “crashing” actions;
– not use devices, software programs or anything else for the purpose of compromising or attempting to compromise the proper functioning of the website, nor attempt to decrypt, decompile, disassemble or decode the software that composes or constitutes part of the website;
– not use or attempt to use engines, software programs, tools, agents or other mechanisms (such as, for example: spiders, robots, etc.) that allow browsing or performing searches within the website without using the search engines or agents of the same.
Any unlawful conduct or conduct not compliant with what is provided herein will be prosecuted according to law before the competent authorities.
COPYRIGHT RIGHTS ON INDUSTRIAL DIRECTIVES
All copyright rights relating to the contents of the website (such as text, graphics, photographs, images, user interface) as well as the selection, coordination and organisation thereof are owned by the Operator or by any third-party licensees. No statement possibly contained on the website grants any licence or industrial rights over the copyright of the Operator or third parties.
The contents of the website are intended solely for the Users and Customers of the website; unauthorised commercial use of the contents present is prohibited. The User may freely view the contents of the website, print them, copy them and save them on the hard disk of their computer or on another physical medium, under their own responsibility and exclusively for personal and private use, in compliance with the legislation in force regarding copyright protection. All rights concerning trademarks, product names, trade names, logos, packaging and design of all products or services of the Operator or third parties, both in extended form and with the trademark symbol, belong exclusively to the legitimate owners, in accordance with international agreements and the laws in force on the matter. All uses that may violate such rights are expressly prohibited.
HYPERLINKS
The website may contain hyperlinks to other websites. The Operator assumes no responsibility for any contents or services offered by third parties, nor does it guarantee the technical availability, reliability, lawfulness of any material and information contained in the linked websites. In the same way, the possible inclusion of a link does not imply any type of association, merger or participation of the Operator with the owners and contents of the linked websites.
DURATION AND MODIFICATION OF THESE TERMS
The Operator reserves the right to modify, without any prior notice, these General Terms of Access and Use. Any modifications will take effect immediately from the first publication on the website and until any new modifications.
General Terms and Conditions of Sale
Introduction
These general terms and conditions of sale govern the contractual relationship resulting from the acceptance by Tracksidelab, with registered office in Via Luigi De Maio 1/3 - Sorrento – Italy, tel. +39 0818706727, VAT No. 10743761214, operator of the E-Commerce website www.tracksidelab.com (hereinafter the “Operator”), of the customer’s purchase proposal/order and replace any other agreement possibly reached between the parties, except as may be agreed in writing and with express reference to these general terms and conditions of sale, derogating from their content.
These general terms and conditions of sale are updated to September 2020. The Operator reserves the right to modify, from time to time, at its sole discretion, these terms. The most updated version of the same will in any case be published on the website www.tracksidelab.com. The customer is therefore required to verify, at the time of sending the purchase proposal/order, the general terms and conditions of sale in force, therefore applicable to the contract with the Operator in the event of acceptance of the purchase proposal/order.
All descriptions and illustrations contained in the portal www.tracksidelab.com or in other commercial documentation have the sole purpose of providing the customer with a general idea of the products or articles and will not constitute part of the contract between the Operator and the Customer. These general terms and conditions of sale do not apply to exports of products or articles outside Italian territory, for which different contractual conditions are provided. Moreover, in the event that the products or articles supplied to the customer in Italy are subsequently exported by the customer, it will be the customer’s responsibility to obtain, at their own expense, all the necessary licences and authorisations, also complying with the regulations relating to export between Italy and the destination country, with particular reference to the regulations for the export of high-technology products.
Prices
The prices shown in the portal www.tracksidelab.com are to be understood as including VAT, with application of the rate provided at the time the Operator receives the order. In addition, prices are expressed net of shipping and transport costs. The prices indicated on the website www.tracksidelab.com may be subject to changes. For all articles, the price applied will be the one in force at the time the Operator receives the order.
Where prices are not expressly indicated or in the case of supplies relating to articles not present on the website www.tracksidelab.com, prices must be specifically agreed and confirmed in writing by tracksidelab, before shipment of the product.
Purchase Orders
Purchase orders may be sent by the customer exclusively from the website. Further information, in the case of purchase through the web portal, is provided at the internet address www.tracksidelab.com in the “how to buy” section. The order will be considered as a contractual proposal. Unless otherwise indicated, acceptance by the operator may also take place through direct execution of the orders, without the need for prior formal acceptance of the order.
Deliveries
The more you buy, the more you save, our shipping policy is very simple and convenient:
regardless of the number of products purchased, you will pay only one shipment!
The customer is required to pay a contribution for shipping and transport costs:
– Italy: € 9.00 (including islands), regardless of the weight, volume and value of the order;
– European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom, Vatican City, Isle of Man, Åland Islands, Liechtenstein, Mayotte, Monaco, Réunion, San Marino, Svalbard and Jan Mayen): € 19.90
Examination of products, delays and non-delivery
Upon receipt of the goods, the customer must not damage the packaging or remove any labels from the articles, until they have definitively accepted the product received. This is in order not to compromise the possibility of return, for size exchange or other permitted reasons. The customer is required to examine the goods received accurately at the time of delivery and to communicate in detail to the Operator, within 8 (eight) days from delivery, any defects found – or detectable – as a result of such examination, or to raise any other complaint in relation to the products. In the event that the customer does not make the communication referred to above, the articles will be considered definitively accepted and compliant with what was requested in the order, without prejudice to the possibility, exercisable no later than 1 (one) year from delivery, to assert any non-apparent defects, provided that the related report has been made within 8 (eight) days from their discovery (in accordance with the provisions of article 1495 of the Civil Code). It is understood that the customer must refuse delivery, by the carrier, of packages with damaged packaging and must, in this regard, immediately inform the Operator of the incident; otherwise, the delivered goods will be deemed fully accepted in the state in which they are at that time. For the purposes of examining the products or articles, the customer acknowledges that the Operator is not the author of the software that may be contained therein, nor has it reviewed the same. The customer must therefore carry out, under their sole responsibility, before using the product or article, every reasonable check to verify that the software possibly contained in the purchased products makes them suitable for use or is not affected by computer viruses or other defects that may damage the article or the goods that come into contact with it.
Transfer of risk and ownership
Ownership of the goods passes to the customer at the moment the goods are delivered to the carrier for delivery to the customer’s address or to the address indicated by the customer at the time of the order. The goods travel in any case at the customer’s risk and peril, it being agreed that each shipment is carried out on the precise instruction and on behalf of the customer and that, therefore, the Operator is exempt from any liability with the delivery of the same to the carrier or to the customer in the event that the latter decides to collect the goods personally or through their own appointed person.
Warranty
The Operator will replace or repair the products or articles supplied, or refund the related price, if, despite correct and diligent use by the customer, defects are found, which must be asserted against the operator itself no later than 12 (twelve) months from the date of delivery, or within that different term indicated from time to time by the Operator for specific articles, or established by law. The articles, or the components or parts thereof to which the dispute refers, must be returned to the Operator within the period of time referred to in the previous paragraph, properly packaged, with shipment at the customer’s expense and in accordance with the particular instructions that the Operator may have given at the time of supply or subsequently. The articles, or the components or parts thereof returned, must be accompanied by a note reporting the description of the defect, as well as any other information indicated or requested by the Operator at the time of supply or subsequently. All products or articles or parts thereof replaced by the Operator will become the exclusive property of the same. This warranty replaces any warranty or other provision established by law regarding the quality or suitability of the products for specific uses, except for those provisions that by law cannot be derogated from.
Information on the product and its availability
Unless otherwise indicated, the methods of use of the article or product purchased, with particular reference to its safety, are indicated in the “technical parameters”. The dimensions and other physical characteristics are subject to normal commercial tolerances. It will be the customer’s responsibility to verify, in advance, the suitability of the product or article for the use they intend to make of it. In any case, the Operator reserves the right to cease offering any product, or to make changes to the specifications of the products or articles, at any time, even without prior notice and without having to provide reasons for such decision. The Operator recommends customers to verify the dimensions and other data relating to the products published on www.tracksidelab.com as well as their future availability, before using them for particularly important uses. If the customer intends to sell the purchased products to third parties, it will be their responsibility to ensure that such articles are complete with all accessory elements such as warnings, labels, any instructions and manuals and other useful information, supplied with the articles themselves.
Limitation of liability
These general terms outline the entire scope of the Operator’s liability regarding the articles, excluding any other warranty, condition and term, express or implied, established by law, also with reference to the quality or suitability of the articles for specific uses, without prejudice in any case to those warranties that, by law, cannot be derogated from, with particular reference to the provisions of article 1229 of the Civil Code and regarding liability for damage caused by defective products and consumer protection. It is however understood that in no case will the Operator be liable for loss of profit or for any indirect damage suffered by the customer due to a fact, act or omission attributable to the Operator pursuant to these general terms or in any case in relation to the sale and purchase covered by the same. The Operator assumes no responsibility for the proper functioning of the applications present on the portal www.tracksidelab.com, nor for their compliance with the specific purposes for which they may be intended.
Limitations of use
The products and articles sold on www.tracksidelab.com have not been tested for applications in the medical field nor for joint use with medical-surgical devices of any kind and nature. Likewise, the products present on www.tracksidelab.com have not been tested for application in the context of nuclear activities or in the aeronautical field. The products present on www.tracksidelab.com must therefore not be used in such fields, with respect to which the Operator assumes no responsibility for malfunctions and/or damage to things or persons.
Payments
The Operator accepts only and exclusively payments made according to the following methods:
• by credit card
• paypal
Any payment condition other than those above must be agreed in writing with the Operator before placing the order. All payments will be made in favour of the Operator without the customer being able to raise any set-off, deduction or counterclaim.
tracksidelab.com guarantees secure purchases because it uses the highest security standards to protect your personal data and the information relating to your credit card from unauthorised access. Your transactions are protected thanks to the use of the most advanced technological and encryption systems (SSL).
Currency
Payments must be made in Euro; other currencies may be agreed in writing between the parties, within the limits permitted by law.
Country of origin
Unless otherwise communicated in writing to the customer, the information contained in the portal www.tracksidelab.com does not constitute, nor must it be understood as, a declaration of the country of origin, preferential origin, processing, production or assembly of the products or of any part thereof.
Return of products and refunds
No return of articles will be accepted without the prior written consent of the Operator, without prejudice to what is provided in the previous paragraph “Warranty”. Following the obtaining of the operator’s consent, in order to be entitled to a refund, the customer must return the articles according to the following conditions:
• the articles must not have been used and must be returned in the same conditions in which the customer received them
• return must take place within 15 (fifteen) days from the date of the purchase invoice
• where the conditions of sale do not contain specific instructions (and these have not subsequently been indicated by the Operator), all parts or components possibly added to the product or article by the customer must be removed before return to the Operator; otherwise, the Operator will be authorised to remove and/or eliminate all additional parts.
The articles must be returned to the Operator by, at the expense and at the risk of the customer. The products to be returned to Tracksidelab (Operator) must be properly packaged and shipped, after prior communication to be sent by email to the address info@tracksidelab.com.
Cancellation of orders
Orders paid by credit card that cannot be completely fulfilled on the basis of warehouse stock will be partially cancelled and the related sums refunded. The Operator reserves the right not to maintain commercial relations with certain subjects, and also reserves the right not to accept or to cancel any orders, regardless of whether payment has been received or not, giving notice by telephone or by e-mail within 48 (forty-eight) hours (excluding Saturdays and public holidays) from receipt of the order. In the event that the Operator does not accept or cancels an order for which payment has already been made, it will promptly refund the entire amount received, according to the methods that will be indicated for this purpose to the Operator by the customer. It is, however, understood that the refund of the price represents the only burden borne by the Operator for non-acceptance or cancellation of the order, any form of liability on the part of the Operator being excluded in this regard. The customer may cancel or revoke purchase orders only within the limits permitted by law, it being in any case understood that, except for mandatory provisions of law, orders relating to the purchase of articles which, although supplied by the Operator, were not available on the portal www.tracksidelab.com at the time of sending the purchase order by the customer may not be revoked/cancelled or cancelled.
Force majeure
In the event that the execution of orders by the Operator is hindered or prevented by force majeure or unforeseeable event, or by the impossibility of obtaining the services, materials or articles necessary for fulfilling the order, except at increased prices, the Operator may delay the fulfilment of the order and, in such case, communicate the delay to the customer; the latter, within 3 (three) days from receipt of the communication by the Operator, will have the right to cancel the order in whole or in part. In none of the aforesaid cases may the Operator be held responsible for the delay, cancellation or impossibility of making delivery.
Copyrights and patents
The Operator informs the customer that the articles presented on the website www.tracksidelab.com may be the subject of a patent, trademark, copyright or other industrial or intellectual property rights owned by the Operator or by third parties.
Contracts concluded with consumers
If the customer qualifies as a consumer, the provisions regarding consumer protection will apply, including those set out in the Consumer Code (Legislative Decree 6 September 2005, no. 206 and subsequent amendments), which are not intended to be derogated from by these general terms. In particular, in the event that the consumer customer has concluded the contract away from business premises or through distance contracting, they will have the right to withdraw without any penalty from the contract, by sending, within 14 (fourteen) working days starting from the date of receipt of the purchased articles, a specific communication by letter sent by email to the address info@tracksidelab.com. The withdrawal letter, bearing the indication “I hereby notify withdrawal from the sales contract of the following goods…”, must also contain the following information: Operator order confirmation number, customer personal details, customer telephone number and/or email address.
In the event of exercising the right of withdrawal, the purchased products must be returned to tracksidelab, intact and properly packaged, within 14 (fourteen) working days from sending the aforesaid communication, at the customer’s expense. Following the exercise of the right of withdrawal, the Operator will promptly return to the customer the consideration possibly received.
Legal guarantee of conformity
The Legal Guarantee of Conformity (or Legal Guarantee) is provided for by the Consumer Code in articles 128-135 and establishes the seller’s liability for defects of conformity of the goods sold through its sales channels. The Legal Guarantee under the Consumer Code is reserved for consumer customers. All products that present a defect of conformity existing at the time of delivery and that manifests itself within 24 months from the date of purchase are covered by the Legal Guarantee. The defect of conformity must be reported to the seller within 2 months following the date of discovery of the defect itself.
Competent court
The Court of Avellino will have exclusive jurisdiction for any dispute arising from these general terms and conditions of sale and the related contracts for the supply of products. If the customer qualifies as a consumer, any disputes arising from these general terms will be referred to the jurisdiction of the judge of the place of residence or domicile of the consumer. These general terms and conditions of sale are governed by Italian law.
Return Management
Return of products and refunds
No return of articles will be accepted without the prior written consent of the Operator, without prejudice to what is provided in the previous paragraph “Warranty”. Upon receipt of the goods, the customer must not damage the packaging or remove any labels from the articles, until they have definitively accepted the product received. This is in order not to compromise the possibility of return, for size exchange or other permitted reasons. Following the obtaining of the operator’s consent, in order to be entitled to a refund, the customer must return the articles according to the following conditions:
• the articles must not have been used and must be returned in the same conditions in which the customer received them
• return must take place within 15 (fifteen) days from the date of the purchase invoice
• where the conditions of sale do not contain specific instructions (and these have not subsequently been indicated by the Operator), all parts or components possibly added to the product or article by the customer must be removed before return to the Operator; otherwise, the Operator will be authorised to remove and/or eliminate all additional parts.
Return is not permitted for software, calibration services, or for other articles which, although supplied by the Operator, were not available on the portal, and therefore were specifically ordered at the customer’s request. Even if the packaging of the article is intact, a fixed contribution for return management costs equal to 25.00 (twenty-five) Euro for Italy, 35.00 (thirty-five) Euro for other countries, will in any case be applied.
The articles must be returned to the Operator by, at the expense and at the risk of the customer. The products to be returned to Tracksidelab (Operator) must be properly packaged and shipped, after prior communication to be sent by email to the address info@tracksidelab.com.
Cancellation of orders
Orders paid by credit card that cannot be completely fulfilled on the basis of warehouse stock will be partially cancelled and the related sums refunded. The Operator reserves the right not to maintain commercial relations with certain subjects, and also reserves the right not to accept or to cancel any orders, regardless of whether payment has been received or not, giving notice by telephone or by e-mail within 48 (forty-eight) hours (excluding Saturdays and public holidays) from receipt of the order. In the event that the Operator does not accept or cancels an order for which payment has already been made, it will promptly refund the entire amount received, according to the methods that will be indicated for this purpose to the Operator by the customer. It is, however, understood that the refund of the price represents the only burden borne by the Operator for non-acceptance or cancellation of the order, any form of liability on the part of the Operator being excluded in this regard. The customer may cancel or revoke purchase orders only within the limits permitted by law, it being in any case understood that, except for mandatory provisions of law, orders relating to the purchase of articles which, although supplied by the Operator, were not available on the portal www.tracksidelab.com at the time of sending the purchase order by the customer may not be revoked/cancelled or cancelled.
Force majeure
In the event that the execution of orders by the Operator is hindered or prevented by force majeure or unforeseeable event, or by the impossibility of obtaining the services, materials or articles necessary for fulfilling the order, except at increased prices, the Operator may delay the fulfilment of the order and, in such case, communicate the delay to the customer; the latter, within 3 (three) days from receipt of the communication by the Operator, will have the right to cancel the order in whole or in part. In none of the aforesaid cases may the Operator be held responsible for the delay, cancellation or impossibility of making delivery.
Copyrights and patents
The Operator informs the customer that the articles presented on the website www.tracksidelab.com may be the subject of a patent, trademark, copyright or other industrial or intellectual property rights owned by the Operator or by third parties.
Contracts concluded with consumers
If the customer qualifies as a consumer, the provisions regarding consumer protection will apply, including those set out in the Consumer Code (Legislative Decree 6 September 2005, no. 206 and subsequent amendments), which are not intended to be derogated from by these general terms. In particular, in the event that the consumer customer has concluded the contract away from business premises or through distance contracting, they will have the right to withdraw without any penalty from the contract, by sending, within 14 (fourteen) working days starting from the date of receipt of the purchased articles, a specific communication by letter sent by email to the address info@tracksidelab.com. The withdrawal letter, bearing the indication “I hereby notify withdrawal from the sales contract of the following goods…”, must also contain the following information: Operator order confirmation number, customer personal details, customer telephone number and/or email address.
In the event of exercising the right of withdrawal, the purchased products must be returned to Tracksidelab, intact and properly packaged, within 14 (fourteen) working days from sending the aforesaid communication, at the customer’s expense. Following the exercise of the right of withdrawal, the Operator will promptly return to the customer the consideration possibly received.
Legal guarantee of conformity
The Legal Guarantee of Conformity (or Legal Guarantee) is provided for by the Consumer Code in articles 128-135 and establishes the seller’s liability for defects of conformity of the goods sold through its sales channels. The Legal Guarantee under the Consumer Code is reserved for consumer customers. All products that present a defect of conformity existing at the time of delivery and that manifests itself within 24 months from the date of purchase are covered by the Legal Guarantee. The defect of conformity must be reported to the seller within 2 months following the date of discovery of the defect itself.
Competent court
The Court of Avellino will have exclusive jurisdiction for any dispute arising from these general terms and conditions of sale and the related contracts for the supply of products. If the customer qualifies as a consumer, any disputes arising from these general terms will be referred to the jurisdiction of the judge of the place of residence or domicile of the consumer. These general terms and conditions of sale are governed by Italian law.
Introduction
These general terms and conditions of sale govern the contractual relationship resulting from the acceptance by Tracksidelab, with registered office in Via Luigi De Maio 1/3 - Sorrento – Italy, tel. +39 0818706727, VAT No. 10743761214, operator of the E-Commerce website www.tracksidelab.com (hereinafter the “Operator”), of the customer’s purchase proposal/order and replace any other agreement possibly reached between the parties, except as may be agreed in writing and with express reference to these general terms and conditions of sale, derogating from their content.
These general terms and conditions of sale are updated to September 2020. The Operator reserves the right to modify, from time to time, at its sole discretion, these terms. The most updated version of the same will in any case be published on the website www.tracksidelab.com. The customer is therefore required to verify, at the time of sending the purchase proposal/order, the general terms and conditions of sale in force, therefore applicable to the contract with the Operator in the event of acceptance of the purchase proposal/order.
All descriptions and illustrations contained in the portal www.tracksidelab.com or in other commercial documentation have the sole purpose of providing the customer with a general idea of the products or articles and will not constitute part of the contract between the Operator and the Customer. These general terms and conditions of sale do not apply to exports of products or articles outside Italian territory, for which different contractual conditions are provided. Moreover, in the event that the products or articles supplied to the customer in Italy are subsequently exported by the customer, it will be the customer’s responsibility to obtain, at their own expense, all the necessary licences and authorisations, also complying with the regulations relating to export between Italy and the destination country, with particular reference to the regulations for the export of high-technology products.
Prices
The prices shown in the portal www.tracksidelab.com are to be understood as including VAT, with application of the rate provided at the time the Operator receives the order. In addition, prices are expressed net of shipping and transport costs. The prices indicated on the website www.tracksidelab.com may be subject to changes. For all articles, the price applied will be the one in force at the time the Operator receives the order.
Where prices are not expressly indicated or in the case of supplies relating to articles not present on the website www.tracksidelab.com, prices must be specifically agreed and confirmed in writing by tracksidelab, before shipment of the product.
Purchase Orders
Purchase orders may be sent by the customer exclusively from the website. Further information, in the case of purchase through the web portal, is provided at the internet address www.tracksidelab.com in the “how to buy” section. The order will be considered as a contractual proposal. Unless otherwise indicated, acceptance by the operator may also take place through direct execution of the orders, without the need for prior formal acceptance of the order.
Deliveries
The more you buy, the more you save, our shipping policy is very simple and convenient:
regardless of the number of products purchased, you will pay only one shipment!
The customer is required to pay a contribution for shipping and transport costs:
– Italy: € 9.00 (including islands), regardless of the weight, volume and value of the order;
– European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom, Vatican City, Isle of Man, Åland Islands, Liechtenstein, Mayotte, Monaco, Réunion, San Marino, Svalbard and Jan Mayen): € 19.90
- Albania, Bosnia and Herzegovina, Iceland, Montenegro, North Macedonia, Norway, Serbia, Switzerland, Andorra, Gibraltar, Guernsey, Faroe Islands, Jersey, Kosovo, Moldova, Turkey: € 40.00
- Canada, United States: € 45.00
- Bahrain, Brunei, China, South Korea, United Arab Emirates, Philippines, Japan, India, Indonesia, Kuwait, Malaysia, Hong Kong SAR, Singapore, Sri Lanka, Thailand, Greenland, Egypt, Mexico: € 55.00
- Belarus, Russia, Ukraine, Saudi Arabia, Bangladesh, Maldives, Oman, Pakistan, Qatar, Macao SAR, Taiwan, Guadeloupe, South Africa, Anguilla, Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bermuda, Costa Rica, Curaçao, Dominica, El Salvador, Jamaica, Grenada, Guatemala, Haiti, Honduras, Cayman Islands, British Virgin Islands, Martinique, Montserrat, Panama, Dominican Republic, Saint Kitts and Nevis, Saint Martin, Saint Vincent and the Grenadines, Saint-Barthélemy, Trinidad and Tobago, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, French Guiana, Paraguay, Peru, Suriname, Uruguay, Venezuela, Australia, Fiji, New Caledonia, New Zealand, French Polynesia, Samoa, United States (Alabama and Alaska only): € 60.00
- Afghanistan, Bhutan, Cambodia, Jordan, Iraq, Israel, Laos, Lebanon, Nepal, Vietnam, Yemen, Turks and Caicos Islands, Nicaragua, Papua New Guinea, East Timor: € 70.00
- Armenia, Azerbaijan, Georgia, United States (Marshall Islands), Kazakhstan, Kyrgyzstan, Mongolia, Myanmar (Burma), Tajikistan, Turkmenistan, Uzbekistan, Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Chad, Comoros, Congo - Kinshasa, Congo-Brazzaville, Ivory Coast, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Djibouti, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Morocco, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Central African Republic, Rwanda, Saint Helena, São Tomé and Príncipe, Senegal, Seychelles, Sierra Leone, Somalia, South Sudan, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe, Falkland Islands, Cook Islands, Solomon Islands, Kiribati, Nauru, Niue, Tonga, Tuvalu, Vanuatu, Guinea, Equatorial Guinea, Guinea-Bissau: € 80.00
Examination of products, delays and non-delivery
Upon receipt of the goods, the customer must not damage the packaging or remove any labels from the articles, until they have definitively accepted the product received. This is in order not to compromise the possibility of return, for size exchange or other permitted reasons. The customer is required to examine the goods received accurately at the time of delivery and to communicate in detail to the Operator, within 8 (eight) days from delivery, any defects found – or detectable – as a result of such examination, or to raise any other complaint in relation to the products. In the event that the customer does not make the communication referred to above, the articles will be considered definitively accepted and compliant with what was requested in the order, without prejudice to the possibility, exercisable no later than 1 (one) year from delivery, to assert any non-apparent defects, provided that the related report has been made within 8 (eight) days from their discovery (in accordance with the provisions of article 1495 of the Civil Code). It is understood that the customer must refuse delivery, by the carrier, of packages with damaged packaging and must, in this regard, immediately inform the Operator of the incident; otherwise, the delivered goods will be deemed fully accepted in the state in which they are at that time. For the purposes of examining the products or articles, the customer acknowledges that the Operator is not the author of the software that may be contained therein, nor has it reviewed the same. The customer must therefore carry out, under their sole responsibility, before using the product or article, every reasonable check to verify that the software possibly contained in the purchased products makes them suitable for use or is not affected by computer viruses or other defects that may damage the article or the goods that come into contact with it.
Transfer of risk and ownership
Ownership of the goods passes to the customer at the moment the goods are delivered to the carrier for delivery to the customer’s address or to the address indicated by the customer at the time of the order. The goods travel in any case at the customer’s risk and peril, it being agreed that each shipment is carried out on the precise instruction and on behalf of the customer and that, therefore, the Operator is exempt from any liability with the delivery of the same to the carrier or to the customer in the event that the latter decides to collect the goods personally or through their own appointed person.
Warranty
The Operator will replace or repair the products or articles supplied, or refund the related price, if, despite correct and diligent use by the customer, defects are found, which must be asserted against the operator itself no later than 12 (twelve) months from the date of delivery, or within that different term indicated from time to time by the Operator for specific articles, or established by law. The articles, or the components or parts thereof to which the dispute refers, must be returned to the Operator within the period of time referred to in the previous paragraph, properly packaged, with shipment at the customer’s expense and in accordance with the particular instructions that the Operator may have given at the time of supply or subsequently. The articles, or the components or parts thereof returned, must be accompanied by a note reporting the description of the defect, as well as any other information indicated or requested by the Operator at the time of supply or subsequently. All products or articles or parts thereof replaced by the Operator will become the exclusive property of the same. This warranty replaces any warranty or other provision established by law regarding the quality or suitability of the products for specific uses, except for those provisions that by law cannot be derogated from.
Information on the product and its availability
Unless otherwise indicated, the methods of use of the article or product purchased, with particular reference to its safety, are indicated in the “technical parameters”. The dimensions and other physical characteristics are subject to normal commercial tolerances. It will be the customer’s responsibility to verify, in advance, the suitability of the product or article for the use they intend to make of it. In any case, the Operator reserves the right to cease offering any product, or to make changes to the specifications of the products or articles, at any time, even without prior notice and without having to provide reasons for such decision. The Operator recommends customers to verify the dimensions and other data relating to the products published on www.tracksidelab.com as well as their future availability, before using them for particularly important uses. If the customer intends to sell the purchased products to third parties, it will be their responsibility to ensure that such articles are complete with all accessory elements such as warnings, labels, any instructions and manuals and other useful information, supplied with the articles themselves.
Limitation of liability
These general terms outline the entire scope of the Operator’s liability regarding the articles, excluding any other warranty, condition and term, express or implied, established by law, also with reference to the quality or suitability of the articles for specific uses, without prejudice in any case to those warranties that, by law, cannot be derogated from, with particular reference to the provisions of article 1229 of the Civil Code and regarding liability for damage caused by defective products and consumer protection. It is however understood that in no case will the Operator be liable for loss of profit or for any indirect damage suffered by the customer due to a fact, act or omission attributable to the Operator pursuant to these general terms or in any case in relation to the sale and purchase covered by the same. The Operator assumes no responsibility for the proper functioning of the applications present on the portal www.tracksidelab.com, nor for their compliance with the specific purposes for which they may be intended.
Limitations of use
The products and articles sold on www.tracksidelab.com have not been tested for applications in the medical field nor for joint use with medical-surgical devices of any kind and nature. Likewise, the products present on www.tracksidelab.com have not been tested for application in the context of nuclear activities or in the aeronautical field. The products present on www.tracksidelab.com must therefore not be used in such fields, with respect to which the Operator assumes no responsibility for malfunctions and/or damage to things or persons.
Payments
The Operator accepts only and exclusively payments made according to the following methods:
• by credit card
• paypal
Any payment condition other than those above must be agreed in writing with the Operator before placing the order. All payments will be made in favour of the Operator without the customer being able to raise any set-off, deduction or counterclaim.
tracksidelab.com guarantees secure purchases because it uses the highest security standards to protect your personal data and the information relating to your credit card from unauthorised access. Your transactions are protected thanks to the use of the most advanced technological and encryption systems (SSL).
Currency
Payments must be made in Euro; other currencies may be agreed in writing between the parties, within the limits permitted by law.
Country of origin
Unless otherwise communicated in writing to the customer, the information contained in the portal www.tracksidelab.com does not constitute, nor must it be understood as, a declaration of the country of origin, preferential origin, processing, production or assembly of the products or of any part thereof.
Return of products and refunds
No return of articles will be accepted without the prior written consent of the Operator, without prejudice to what is provided in the previous paragraph “Warranty”. Following the obtaining of the operator’s consent, in order to be entitled to a refund, the customer must return the articles according to the following conditions:
• the articles must not have been used and must be returned in the same conditions in which the customer received them
• return must take place within 15 (fifteen) days from the date of the purchase invoice
• where the conditions of sale do not contain specific instructions (and these have not subsequently been indicated by the Operator), all parts or components possibly added to the product or article by the customer must be removed before return to the Operator; otherwise, the Operator will be authorised to remove and/or eliminate all additional parts.
The articles must be returned to the Operator by, at the expense and at the risk of the customer. The products to be returned to Tracksidelab (Operator) must be properly packaged and shipped, after prior communication to be sent by email to the address info@tracksidelab.com.
Cancellation of orders
Orders paid by credit card that cannot be completely fulfilled on the basis of warehouse stock will be partially cancelled and the related sums refunded. The Operator reserves the right not to maintain commercial relations with certain subjects, and also reserves the right not to accept or to cancel any orders, regardless of whether payment has been received or not, giving notice by telephone or by e-mail within 48 (forty-eight) hours (excluding Saturdays and public holidays) from receipt of the order. In the event that the Operator does not accept or cancels an order for which payment has already been made, it will promptly refund the entire amount received, according to the methods that will be indicated for this purpose to the Operator by the customer. It is, however, understood that the refund of the price represents the only burden borne by the Operator for non-acceptance or cancellation of the order, any form of liability on the part of the Operator being excluded in this regard. The customer may cancel or revoke purchase orders only within the limits permitted by law, it being in any case understood that, except for mandatory provisions of law, orders relating to the purchase of articles which, although supplied by the Operator, were not available on the portal www.tracksidelab.com at the time of sending the purchase order by the customer may not be revoked/cancelled or cancelled.
Force majeure
In the event that the execution of orders by the Operator is hindered or prevented by force majeure or unforeseeable event, or by the impossibility of obtaining the services, materials or articles necessary for fulfilling the order, except at increased prices, the Operator may delay the fulfilment of the order and, in such case, communicate the delay to the customer; the latter, within 3 (three) days from receipt of the communication by the Operator, will have the right to cancel the order in whole or in part. In none of the aforesaid cases may the Operator be held responsible for the delay, cancellation or impossibility of making delivery.
Copyrights and patents
The Operator informs the customer that the articles presented on the website www.tracksidelab.com may be the subject of a patent, trademark, copyright or other industrial or intellectual property rights owned by the Operator or by third parties.
Contracts concluded with consumers
If the customer qualifies as a consumer, the provisions regarding consumer protection will apply, including those set out in the Consumer Code (Legislative Decree 6 September 2005, no. 206 and subsequent amendments), which are not intended to be derogated from by these general terms. In particular, in the event that the consumer customer has concluded the contract away from business premises or through distance contracting, they will have the right to withdraw without any penalty from the contract, by sending, within 14 (fourteen) working days starting from the date of receipt of the purchased articles, a specific communication by letter sent by email to the address info@tracksidelab.com. The withdrawal letter, bearing the indication “I hereby notify withdrawal from the sales contract of the following goods…”, must also contain the following information: Operator order confirmation number, customer personal details, customer telephone number and/or email address.
In the event of exercising the right of withdrawal, the purchased products must be returned to tracksidelab, intact and properly packaged, within 14 (fourteen) working days from sending the aforesaid communication, at the customer’s expense. Following the exercise of the right of withdrawal, the Operator will promptly return to the customer the consideration possibly received.
Legal guarantee of conformity
The Legal Guarantee of Conformity (or Legal Guarantee) is provided for by the Consumer Code in articles 128-135 and establishes the seller’s liability for defects of conformity of the goods sold through its sales channels. The Legal Guarantee under the Consumer Code is reserved for consumer customers. All products that present a defect of conformity existing at the time of delivery and that manifests itself within 24 months from the date of purchase are covered by the Legal Guarantee. The defect of conformity must be reported to the seller within 2 months following the date of discovery of the defect itself.
Competent court
The Court of Avellino will have exclusive jurisdiction for any dispute arising from these general terms and conditions of sale and the related contracts for the supply of products. If the customer qualifies as a consumer, any disputes arising from these general terms will be referred to the jurisdiction of the judge of the place of residence or domicile of the consumer. These general terms and conditions of sale are governed by Italian law.
Return Management
Return of products and refunds
No return of articles will be accepted without the prior written consent of the Operator, without prejudice to what is provided in the previous paragraph “Warranty”. Upon receipt of the goods, the customer must not damage the packaging or remove any labels from the articles, until they have definitively accepted the product received. This is in order not to compromise the possibility of return, for size exchange or other permitted reasons. Following the obtaining of the operator’s consent, in order to be entitled to a refund, the customer must return the articles according to the following conditions:
• the articles must not have been used and must be returned in the same conditions in which the customer received them
• return must take place within 15 (fifteen) days from the date of the purchase invoice
• where the conditions of sale do not contain specific instructions (and these have not subsequently been indicated by the Operator), all parts or components possibly added to the product or article by the customer must be removed before return to the Operator; otherwise, the Operator will be authorised to remove and/or eliminate all additional parts.
Return is not permitted for software, calibration services, or for other articles which, although supplied by the Operator, were not available on the portal, and therefore were specifically ordered at the customer’s request. Even if the packaging of the article is intact, a fixed contribution for return management costs equal to 25.00 (twenty-five) Euro for Italy, 35.00 (thirty-five) Euro for other countries, will in any case be applied.
The articles must be returned to the Operator by, at the expense and at the risk of the customer. The products to be returned to Tracksidelab (Operator) must be properly packaged and shipped, after prior communication to be sent by email to the address info@tracksidelab.com.
Cancellation of orders
Orders paid by credit card that cannot be completely fulfilled on the basis of warehouse stock will be partially cancelled and the related sums refunded. The Operator reserves the right not to maintain commercial relations with certain subjects, and also reserves the right not to accept or to cancel any orders, regardless of whether payment has been received or not, giving notice by telephone or by e-mail within 48 (forty-eight) hours (excluding Saturdays and public holidays) from receipt of the order. In the event that the Operator does not accept or cancels an order for which payment has already been made, it will promptly refund the entire amount received, according to the methods that will be indicated for this purpose to the Operator by the customer. It is, however, understood that the refund of the price represents the only burden borne by the Operator for non-acceptance or cancellation of the order, any form of liability on the part of the Operator being excluded in this regard. The customer may cancel or revoke purchase orders only within the limits permitted by law, it being in any case understood that, except for mandatory provisions of law, orders relating to the purchase of articles which, although supplied by the Operator, were not available on the portal www.tracksidelab.com at the time of sending the purchase order by the customer may not be revoked/cancelled or cancelled.
Force majeure
In the event that the execution of orders by the Operator is hindered or prevented by force majeure or unforeseeable event, or by the impossibility of obtaining the services, materials or articles necessary for fulfilling the order, except at increased prices, the Operator may delay the fulfilment of the order and, in such case, communicate the delay to the customer; the latter, within 3 (three) days from receipt of the communication by the Operator, will have the right to cancel the order in whole or in part. In none of the aforesaid cases may the Operator be held responsible for the delay, cancellation or impossibility of making delivery.
Copyrights and patents
The Operator informs the customer that the articles presented on the website www.tracksidelab.com may be the subject of a patent, trademark, copyright or other industrial or intellectual property rights owned by the Operator or by third parties.
Contracts concluded with consumers
If the customer qualifies as a consumer, the provisions regarding consumer protection will apply, including those set out in the Consumer Code (Legislative Decree 6 September 2005, no. 206 and subsequent amendments), which are not intended to be derogated from by these general terms. In particular, in the event that the consumer customer has concluded the contract away from business premises or through distance contracting, they will have the right to withdraw without any penalty from the contract, by sending, within 14 (fourteen) working days starting from the date of receipt of the purchased articles, a specific communication by letter sent by email to the address info@tracksidelab.com. The withdrawal letter, bearing the indication “I hereby notify withdrawal from the sales contract of the following goods…”, must also contain the following information: Operator order confirmation number, customer personal details, customer telephone number and/or email address.
In the event of exercising the right of withdrawal, the purchased products must be returned to Tracksidelab, intact and properly packaged, within 14 (fourteen) working days from sending the aforesaid communication, at the customer’s expense. Following the exercise of the right of withdrawal, the Operator will promptly return to the customer the consideration possibly received.
Legal guarantee of conformity
The Legal Guarantee of Conformity (or Legal Guarantee) is provided for by the Consumer Code in articles 128-135 and establishes the seller’s liability for defects of conformity of the goods sold through its sales channels. The Legal Guarantee under the Consumer Code is reserved for consumer customers. All products that present a defect of conformity existing at the time of delivery and that manifests itself within 24 months from the date of purchase are covered by the Legal Guarantee. The defect of conformity must be reported to the seller within 2 months following the date of discovery of the defect itself.
Competent court
The Court of Avellino will have exclusive jurisdiction for any dispute arising from these general terms and conditions of sale and the related contracts for the supply of products. If the customer qualifies as a consumer, any disputes arising from these general terms will be referred to the jurisdiction of the judge of the place of residence or domicile of the consumer. These general terms and conditions of sale are governed by Italian law.
Gestione dei resi
Restituzione dei prodotti e rimborsi
Non sarà ammessa alcuna restituzione di articoli senza il preventivo consenso scritto del Gestore, fatto salvo quanto previsto nel precedente paragrafo “Garanzia”. Al ricevimento della merce, il cliente non deve danneggiare l’imballaggio né rimuovere eventuali etichette dagli articoli, fintanto che non abbia accettato definitivamente il prodotto ricevuto. Ciò al fine di non compromettere la possibilità di reso, per cambio taglia o altre motivazioni ammesse. Successivamente all’ottenimento del consenso del gestore, per avere diritto al rimborso, il cliente dovrà restituire gli articoli, secondo le seguenti condizioni:
• gli articoli non dovranno essere stati utilizzati e dovranno essere resi nelle medesime condizioni in cui il cliente li ha ricevuti
• la riconsegna dovrà avvenire entro 15 (quindici) giorni dalla data della fattura di acquisto
• qualora le condizioni di vendita non contengano istruzioni specifiche (e queste non siano state successivamente indicate dal Gestore), tutte le parti o i componenti eventualmente aggiunti al prodotto o all’articolo dal cliente dovranno essere rimossi prima della restituzione al Gestore; in caso contrario, il Gestore sarà autorizzato a rimuovere e/o eliminare tutte le parti addizionali.
La restituzione non è ammessa per software, servizi di taratura, o per altri articoli che seppur forniti dal Gestore, non erano disponibili sul portale, quindi sono stati specificamente ordinati su richiesta del cliente. Anche se la confezione dell’articolo è intatta, verrà comunque applicato un contributo fisso per le spese di gestione del reso pari a 25,00 (venticinque) Euro per l'Italia, 35,00 (trentacinque) Euro per gli altri paesi.
Gli articoli vanno riconsegnati al Gestore a cura, spese e rischio del cliente. I prodotti da rendere a Tracksidelab (Gestore) devono essere adeguatamente imballati e spediti, previa comunicazione da inoltrare via mail all’indirizzo info@tracksidelab.com.
Annullamento degli ordini
Gli ordini pagati con carta di credito che non possano essere completamente evasi sulla base delle scorte di magazzino, saranno parzialmente annullati e le relative somme rimborsate. Il Gestore si riserva il diritto di non intrattenere rapporti commerciali con determinati soggetti, si riserva inoltre la facoltà di non accettare o di annullare eventuali ordini, indipendentemente dal fatto che il pagamento sia stato o meno ricevuto, dandone comunicazione telefonicamente o tramite e-mail entro 48 (quarantotto) ore (escludendo i sabati e i giorni festivi) dalla ricezione dell’ordine. Nel caso in cui il Gestore non accetti o cancelli un ordine per cui sia già stato effettuato il pagamento, lo stesso rimborserà tempestivamente l’intero importo ricevuto, secondo le modalità che saranno a tal fine indicate al Gestore dal cliente. Resta, peraltro, inteso che la restituzione del prezzo rappresenta l’unico onere a carico del Gestore per la mancata accettazione o per l’annullamento dell’ordine, essendo a tale proposito esclusa ogni forma di responsabilità a carico del Gestore. Il cliente potrà annullare o revocare gli ordini di acquisto solo nei limiti consentiti dalla legge, restando, in ogni caso, inteso che, salve norme inderogabili di legge, non potranno essere revocati/annullati o cancellati gli ordini relativi all’acquisto di articoli che, seppur forniti dal Gestore, non erano disponibili al portale www.tracksidelab.com al momento di invio dell’ordine di acquisto da parte del cliente.
Forza maggiore
Nel caso in cui l’esecuzione di ordinazioni da parte del Gestore sia ostacolata od impedita da causa di forza maggiore o caso fortuito, oppure dall’impossibilità di procurarsi i servizi, materiali od articoli necessari per l’adempimento dell’ordine, se non a prezzi maggiorati, il Gestore potrà ritardare l’evasione dell’ordine e, in tal caso, comunicare il ritardo al cliente; questi, entro 3 (tre) giorni dal ricevimento della comunicazione da parte del Gestore, avrà il diritto di annullare l’ordine in tutto o in parte. In nessuno dei predetti casi, il Gestore potrà essere ritenuto responsabile per il ritardo, annullamento o impossibilità di effettuare la consegna.
Diritti d’autore e brevetti
Il Gestore avverte il cliente che gli articoli presentati sul sito www.tracksidelab.com possono essere oggetto di un brevetto, marchio, diritto d’autore o di altri diritti di proprietà industriale o intellettuale di titolarità del Gestore o di terzi.
Contratti conclusi con consumatori
Qualora il cliente sia qualificabile come consumatore, troveranno applicazione le disposizioni in materia di tutela del consumatore, ivi incluse quelle di cui al Codice del Consumo (D. Lgs. 6 settembre 2005, n. 206 e successive modificazioni), che non si intendono derogate dalle presenti condizioni generali. In particolare, nel caso in cui il cliente consumatore abbia concluso il contratto fuori dei locali commerciali o tramite contrattazione a distanza, avrà diritto di recedere senza alcuna penale dal contratto, inviando, entro 14 (quattordici) giorni lavorativi decorrenti dalla data di ricezione degli articoli acquistati, apposita comunicazione, mediante lettera inviata per posta elettronica all’indirizzo info@tracksidelab.com. La lettera di recesso, recante l’indicazione “con la presente notifico il recesso dal contratto di vendita dei seguenti beni…”, dovrà altresì contenere le seguenti informazioni: numero conferma d’ordine del Gestore, dati anagrafici del cliente, numero telefono e/o indirizzo mail del cliente.
In caso di esercizio della facoltà di recesso, i prodotti acquistati andranno restituiti a Tracksidelab, integri ed adeguatamente imballati, entro 14 (quattordici) giorni lavorativi dall’invio della predetta comunicazione, a spese del cliente. A fronte dell’esercizio del diritto di recesso, il Gestore restituirà prontamente al cliente il corrispettivo eventualmente ricevuto.
Garanzia legale di conformità
La Garanzia Legale di Conformità (o Garanzia Legale) è prevista dal Codice del Consumo agli artt.128-135 e stabilisce la responsabilità del venditore per i difetti di conformità dei beni venduti attraverso i propri canali di vendita. La Garanzia Legale di cui al Codice del Consumo è riservata ai clienti consumatori. Sono coperti dalla Garanzia Legale tutti i prodotti che presentino un difetto di conformità esistente al momento della consegna e che si manifesti entro 24 mesi dalla data di acquisto. Il difetto di conformità deve essere denunciato al venditore entro i 2 mesi successivi dalla data della scoperta del difetto stesso.
Foro competente
Il Foro di Avellino sarà competente, in via esclusiva, per qualunque controversia derivante dalle presenti condizioni generali di vendita e dai relativi contratti di fornitura dei prodotti. Qualora il cliente sia qualificabile come consumatore, eventuali controversie derivanti dalle presenti condizioni generali saranno devolute alla competenza del giudice del luogo di residenza o di domicilio del consumatore. Le presenti condizioni generali di vendita sono regolate ai sensi della legge italiana.
Restituzione dei prodotti e rimborsi
Non sarà ammessa alcuna restituzione di articoli senza il preventivo consenso scritto del Gestore, fatto salvo quanto previsto nel precedente paragrafo “Garanzia”. Al ricevimento della merce, il cliente non deve danneggiare l’imballaggio né rimuovere eventuali etichette dagli articoli, fintanto che non abbia accettato definitivamente il prodotto ricevuto. Ciò al fine di non compromettere la possibilità di reso, per cambio taglia o altre motivazioni ammesse. Successivamente all’ottenimento del consenso del gestore, per avere diritto al rimborso, il cliente dovrà restituire gli articoli, secondo le seguenti condizioni:
• gli articoli non dovranno essere stati utilizzati e dovranno essere resi nelle medesime condizioni in cui il cliente li ha ricevuti
• la riconsegna dovrà avvenire entro 15 (quindici) giorni dalla data della fattura di acquisto
• qualora le condizioni di vendita non contengano istruzioni specifiche (e queste non siano state successivamente indicate dal Gestore), tutte le parti o i componenti eventualmente aggiunti al prodotto o all’articolo dal cliente dovranno essere rimossi prima della restituzione al Gestore; in caso contrario, il Gestore sarà autorizzato a rimuovere e/o eliminare tutte le parti addizionali.
La restituzione non è ammessa per software, servizi di taratura, o per altri articoli che seppur forniti dal Gestore, non erano disponibili sul portale, quindi sono stati specificamente ordinati su richiesta del cliente. Anche se la confezione dell’articolo è intatta, verrà comunque applicato un contributo fisso per le spese di gestione del reso pari a 25,00 (venticinque) Euro per l'Italia, 35,00 (trentacinque) Euro per gli altri paesi.
Gli articoli vanno riconsegnati al Gestore a cura, spese e rischio del cliente. I prodotti da rendere a Tracksidelab (Gestore) devono essere adeguatamente imballati e spediti, previa comunicazione da inoltrare via mail all’indirizzo info@tracksidelab.com.
Annullamento degli ordini
Gli ordini pagati con carta di credito che non possano essere completamente evasi sulla base delle scorte di magazzino, saranno parzialmente annullati e le relative somme rimborsate. Il Gestore si riserva il diritto di non intrattenere rapporti commerciali con determinati soggetti, si riserva inoltre la facoltà di non accettare o di annullare eventuali ordini, indipendentemente dal fatto che il pagamento sia stato o meno ricevuto, dandone comunicazione telefonicamente o tramite e-mail entro 48 (quarantotto) ore (escludendo i sabati e i giorni festivi) dalla ricezione dell’ordine. Nel caso in cui il Gestore non accetti o cancelli un ordine per cui sia già stato effettuato il pagamento, lo stesso rimborserà tempestivamente l’intero importo ricevuto, secondo le modalità che saranno a tal fine indicate al Gestore dal cliente. Resta, peraltro, inteso che la restituzione del prezzo rappresenta l’unico onere a carico del Gestore per la mancata accettazione o per l’annullamento dell’ordine, essendo a tale proposito esclusa ogni forma di responsabilità a carico del Gestore. Il cliente potrà annullare o revocare gli ordini di acquisto solo nei limiti consentiti dalla legge, restando, in ogni caso, inteso che, salve norme inderogabili di legge, non potranno essere revocati/annullati o cancellati gli ordini relativi all’acquisto di articoli che, seppur forniti dal Gestore, non erano disponibili al portale www.tracksidelab.com al momento di invio dell’ordine di acquisto da parte del cliente.
Forza maggiore
Nel caso in cui l’esecuzione di ordinazioni da parte del Gestore sia ostacolata od impedita da causa di forza maggiore o caso fortuito, oppure dall’impossibilità di procurarsi i servizi, materiali od articoli necessari per l’adempimento dell’ordine, se non a prezzi maggiorati, il Gestore potrà ritardare l’evasione dell’ordine e, in tal caso, comunicare il ritardo al cliente; questi, entro 3 (tre) giorni dal ricevimento della comunicazione da parte del Gestore, avrà il diritto di annullare l’ordine in tutto o in parte. In nessuno dei predetti casi, il Gestore potrà essere ritenuto responsabile per il ritardo, annullamento o impossibilità di effettuare la consegna.
Diritti d’autore e brevetti
Il Gestore avverte il cliente che gli articoli presentati sul sito www.tracksidelab.com possono essere oggetto di un brevetto, marchio, diritto d’autore o di altri diritti di proprietà industriale o intellettuale di titolarità del Gestore o di terzi.
Contratti conclusi con consumatori
Qualora il cliente sia qualificabile come consumatore, troveranno applicazione le disposizioni in materia di tutela del consumatore, ivi incluse quelle di cui al Codice del Consumo (D. Lgs. 6 settembre 2005, n. 206 e successive modificazioni), che non si intendono derogate dalle presenti condizioni generali. In particolare, nel caso in cui il cliente consumatore abbia concluso il contratto fuori dei locali commerciali o tramite contrattazione a distanza, avrà diritto di recedere senza alcuna penale dal contratto, inviando, entro 14 (quattordici) giorni lavorativi decorrenti dalla data di ricezione degli articoli acquistati, apposita comunicazione, mediante lettera inviata per posta elettronica all’indirizzo info@tracksidelab.com. La lettera di recesso, recante l’indicazione “con la presente notifico il recesso dal contratto di vendita dei seguenti beni…”, dovrà altresì contenere le seguenti informazioni: numero conferma d’ordine del Gestore, dati anagrafici del cliente, numero telefono e/o indirizzo mail del cliente.
In caso di esercizio della facoltà di recesso, i prodotti acquistati andranno restituiti a Tracksidelab, integri ed adeguatamente imballati, entro 14 (quattordici) giorni lavorativi dall’invio della predetta comunicazione, a spese del cliente. A fronte dell’esercizio del diritto di recesso, il Gestore restituirà prontamente al cliente il corrispettivo eventualmente ricevuto.
Garanzia legale di conformità
La Garanzia Legale di Conformità (o Garanzia Legale) è prevista dal Codice del Consumo agli artt.128-135 e stabilisce la responsabilità del venditore per i difetti di conformità dei beni venduti attraverso i propri canali di vendita. La Garanzia Legale di cui al Codice del Consumo è riservata ai clienti consumatori. Sono coperti dalla Garanzia Legale tutti i prodotti che presentino un difetto di conformità esistente al momento della consegna e che si manifesti entro 24 mesi dalla data di acquisto. Il difetto di conformità deve essere denunciato al venditore entro i 2 mesi successivi dalla data della scoperta del difetto stesso.
Foro competente
Il Foro di Avellino sarà competente, in via esclusiva, per qualunque controversia derivante dalle presenti condizioni generali di vendita e dai relativi contratti di fornitura dei prodotti. Qualora il cliente sia qualificabile come consumatore, eventuali controversie derivanti dalle presenti condizioni generali saranno devolute alla competenza del giudice del luogo di residenza o di domicilio del consumatore. Le presenti condizioni generali di vendita sono regolate ai sensi della legge italiana.
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