Tecnodidattica :: Sales conditions

CONDITIONS FOR THE DISTANCE SELLING AND TERMS OF USE OF WEBSITE www.yourglobestore.com

By visiting the website or buying via www.yourglobestore.com you accept these conditions of the contract (General Conditions). Therefore please read them carefully.

1) GENERAL INFORMATION OF THE CONTRACT

1.1 THESE TERMS AND CONDITIONS OF THE CONTRACT (HEREINAFTER INDICATED AS “GENERAL CONDITIONS”) GOVERN SALE CONDITIONS OF PRODUCTS SOLD (HEREINAFTER INDICATED AS “PRODUCTS”, GOODS” OR “ITEMS”) ON WWW.YOURGLOBESTORE.COM BY TECNODIDATTICA S.P.A. WITH HEADQUARTERS IN VIA G.GARIBALDI 67 SAN COLOMBANO CERTENOLI (GENOA), CAP 16040 ITALY, TAX CODE AND NUMBER OF REGISTER COMPANIES 00967560103, VAT NUMBER IT00174630996, NUMBER OF R.E.A. 232823 (HEREINAFTER INDICATED ALSO AS “TECNODIDATTICA”), AND THE USE OF THE WEBSITE (HEREINAFTER INDICATED ALSO AS “THE WEBSITE”). ALL CONTRACTS FOR THE SALE OF PRODUCTS BY TECNODIDATTICA (THROUGH WWW.YOURGLOBESTORE.COM) TO THIRD PARTIES (THE "CUSTOMERS") ARE GOVERNED BY THESE GENERAL CONDITIONS, WHICH ARE AN INTEGRAL AND SUBSTANTIAL PART OF EVERY PROPOSAL, ORDER AND ORDER CONFIRMATION OF PURCHASE OF SAME PRODUCTS.

1.2 Depending on the specific nature of the products, in some cases it can be provided special conditions of sale in addition to these General Conditions. These special conditions will always be accessible for the customer through a link. The Customer will necessarily approve these special conditions at the time of purchase of the product in such specific cases, in addition to these Terms and Conditions.

1.3 The mere tolerance or the failure to object by Tecnodidattica of any non-fulfilment of the Customer with respect to these General Conditions shall not be considered as tacit acceptance of such non-fulfilments, nor as a way to waive what was agreed between the parties.

1.4 The sale to children under 18 years old is not allowed. The Customer agrees to provide true, accurate and complete information about himself at the request of Tecnodidattica, also in accordance with Article 13 of the General Conditions.

1.5 Tecnodidattica may modify, without prior notice, these General Conditions. These amendments will be effective from the day those are published on the website. Purchase orders submitted before the above amendments are published on this website will be ruled by the General Conditions in force at the time of the completion of the sale contract. 1.6 Article 8 of the General Conditions (relating to the right of withdrawal) will be applied only if the Customer is qualified as a "consumer" pursuant to Art. 3, paragraph 1, letter a) of the Legislative Decree September 6, 2005, n. 206, namely "the natural person who is acting for purposes unrelated with his trade, business, craft or profession eventually done".

1.7 The eventual invalidity of individual clauses of the General Conditions will not involve the invalidity of the entire General Conditions.

1.8 Tecnodidattica and the Customer expressly agree to give the value of valid electronic signature for the sale contract, as governed by these General Conditions, to the selection of check marks and pressure (click) of the button "checkout" on this website. It is agreed that these General Conditions, even published in a section visible and accessible from the homepage of the website, also rule the use of the website and are accepted by the mere browsing the same.

2) LIMITATION OF LIABILITY AND LICENSE TO USE THE WEBSITE

2.1 This website is provided by Tecnodidattica as it presents itself and when it is available. Tecnodidattica does not give express or implied warranties, on the functionality of this website and/or on the contents, materials, information, or products included on the website. In addition, the access to the website may also be occasionally suspended or temporarily restricted to allow the execution of the necessary maintenance, repair or upgrade with new facilities and products. Tecnodidattica will seek to limit the frequency and duration of such suspensions and/or limitations.

2.2 Tecnodidattica does not warrant that this website, its servers, or e-mails sent are free of viruses or other potentially dangerous components for the PC of the user and/or the Customer. By visiting this website you agree that its use is at your own risk.

2.3 Tecnodidattica cannot be considered liable for any damages - of any kind – occurred from the use of this website.

2.4 Tecnodidattica grants limited access to this website and a personal use it and does not allow to download or modify it, even partly, without express written permission. The license does not include any use of the contents of this website for commercial purposes, in particular it is not possible the use of our product catalogs, descriptions and price lists. The information provided on this website cannot be used for the benefit of other sellers, it is not possible to use systems of data mining, robots or software that allow the download and/or the extraction of contents from our pages. Our pages cannot be included within frames so other trademarks may be linked to ours. The contents of this website is only aimed at the purchase of products in the catalog.

3) PRICES, SPECIAL OFFERS, AVAILABILITY AND FEATURES OF THE PRODUCTS

3.1 Unless otherwise indicated, the prices of the products published on www.yourglobestore.com are inclusive of VAT. The prices of products from time to time published on www.yourglobestore.com cancel and replace the previous ones, and are subject to availability of products. Tecnodidattica reserves the right to modify the prices of the products published on this website, by previously obtaining express permission of the Consumer Customer to the additional payment at the time of order confirmation.

3.2 The products are not provided for being tested. The Customer takes charge for choosing the products ordered. Product images are indicative and not binding.

3.3 Any eventual special offers promoted by Tecnodidattica is valid until stocks are exhausted and, anyway, it is subject to availability of the products. If a special offer promoted by Tecnodidattica includes the sending of a free product with one or more products purchased, the Customer will be entitled to receive that free product only if the same has been expressly mentioned in the order sent to Tecnodidattica and until stocks are exhausted. Assistance is not recognized and the withdrawal is not admitted for products sent for free.

4) INTELLECTUAL AND INDUSTRIAL PROPERTY

4.1 The website, as well as all trademarks and brands used by Tecnodidattica in connection with the sale of the products, are protected by intellectual and industrial property rights and it is forbidden every kind of reproduction, communication, distribution, publishing, alteration or transformation, in every form or for every purpose they occur, of website contents, trademarks and brands used by Tecnodidattica (such as, for example, works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, functionalities and design).

4.2 Tecnodidattica is not liable with regard to trademarks and other brands that appear on the products distributed on the website, in relation to which the Customer does not acquire any right, following the completion of the contract.

5) ORDERS CONFIRMATION, DELIVERY, DELAYS AND NON-FULFILMENTS

5.1 The purchase order will be followed by a confirmation email of Tecnodidattica. 5.2 All purchases of products on the website are subject to carriage or shipping contracts. Delivery times and shipping costs are defined at the time of purchase, before this is completed, depending on the kind and size of goods and the destination. Times of delivery of goods have to be considered as indicative. Tecnodidattica undertakes to deliver the goods within thirty days from the date of purchase.

5.3 Tecnodidattica reserves the right to cancel every order that it considers unreliable and untrusted, without the Customer can make any claim. Mailboxes are not considered valid addresses for delivery.

5.4 Tecnodidattica will not be liable for delays in delivery due to suppliers’ insufficient stocks and in case of differences between the ordered items and images, texts and photos of such articles published on this website.

5.5 Tecnodidattica will not be liable for whatever delay or non-fulfilment to rules under these General Conditions if the delay or non-fulfillment arises from unforeseeable circumstances or force majeure not attributable to it.

5.6 In case of failure of delivery due to the impossibility to deliver, the order will be considered canceled. Tecnodidattica will notify the cancelation to the Customer by e-mail. Any amount already paid by the Customer shall be refunded to him after deduction of costs incurred for delivery attempts.

5.7 If it is not able to deliver the goods ordered due of its incomer unavailability, even temporary, Tecnodidattica will promptly notify it to the Customer by e-mail. Any amount already paid by the Customer shall be refunded to him as soon as possible, no later than thirty days from the receipt of the order of purchase.

6) TERMS OF PAYMENT

6.1 We accept payments by credit card and PayPal system only. Tecnodidattica could develop in future its systems to allow for additional means of payment to its Customers.

6.2 At the time of purchase, and before its completion, it will be clearly indicated to the Customer any additional costs for the use of such means of payment, which will be equal to those supported by Tecnodidattica.

6.3 The payment of the price shall be made by the Customer in accordance with the conditions pointed out in the order confirmation. Payment extensions will not be granted to the Customer.

6.4 Tecnodidattica reserves the right to suspend the delivery of the goods in the event of non-fulfillment, even partial, of the Customer with respect to the conditions and terms of payment agreed, without being attributable to liability for damages of any kind.

6.5 The tax records relating to the purchase of the products ordered will be issued by Tecnodidattica after the order and the simultaneous payment by the Customer. If the Customer is a VAT holder and wish to receive an invoice, must do this request in the order.

7) WARRANTIES AND RETURNS

7.1 All the products sold by Tecnodidattica on the website are covered by statutory warranties including, for the Customer who is Consumer (the natural person who is acting for purposes unrelated with his trade, business, craft or profession eventually done), also the statutory warranty for lacks of conformity, referred to in Articles 128-135 of the Legislative Decree n. 206/2005. To use the warranty, the Customer shall keep the receipt or invoice.

7.2 The statutory warranty in favor of the Consumer Customer covers lack of conformity existing at the time of delivery of the goods, which becomes apparent within two years as from delivery of the goods. The Customer must inform the seller of the lack of conformity within two months from the date on which he detected such deficiency of the good, under penalty of lapse. The claim to denounce lacks of conformity not fraudulently hidden by the seller lapses, in any case, within twenty-six months as from delivery of goods. In case of lack of conformity, the Customer has the right to restore, without costs, the conformity of the goods by repairing or replacing, or to a suitable reduction of price or to termination of the contract, according to the provisions of Art. 130 of Legislative Decree n. 206/2005. Within two months of the detection of the lack of conformity and in any case within a maximum of twenty-six months from the receipt of the goods the Customer must send a written notification by which requires the elimination of the lack of conformity to Tecnodidattica Spa by e-mail to servizio.clienti@yourglobestore.com. After receiving the notification, the Customer Service of Tecnodidattica will contact the Customer Consumer to explain him how to re-send the goods and all the necessary instructions. Tecnodidattica or its commercial partner will send its courier to collect the goods without any additional costs for the Customer. The goods must be returned by the Customer, possibly in its original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, cables, batteries, etc.). It should be avoided in all cases the attachment of labels or tapes directly on the packaging of the goods. After checking the goods returned by the Consumer Customer, Tecnodidattica will replace or repair and will proceed to the shipment of the same goods, save the other cases provided by Art. 130 of Legislative Decree n. 206/2005. If Tecnodidattica finds the lack denounced is not a lack of conformity in accordance with Article 128 and following of Legislative Decree n. 206/2005, the Consumer Customer shall pay for any costs of checking and recovery, as well as costs of the shipment, if sustained by Tecnodidattica.

8) RIGHT OF WITHDRAWAL

8.1 Under Articles 52-58 of the Consumer Code (Legislative Decree n. 206/2005) the Customer who is Consumer has the right to withdraw from the purchase contract without penalty and without specifying the reason. For the effects of the valid exercise of the right of withdrawal, the Consumer Customer must: a. send a notification to the Customer Service of Tecnodidattica by e-mail to servizio.clienti@yourglobestore.com or by fax to +390552374619 or by mail to Via Colle Ramole, 9 - 50023 Impruneta (FI), Italy, by the model withdrawal form attached to these General Conditions or submitting any other unequivocal statement of its decision to withdraw from the contract, within 14 days from the receipt of the goods purchased (the evidence will be the delivery receipt) giving the references of the order; b. return the goods, with own care and costs, within 14 days from the date on which he notified to Tecnodidattica his decision to terminate the contract, by courier of his choice, directly to the following address: Via Colle Ramole , 9 - 50023 Impruneta (FI), Italy.

8.2 The withdrawal can be exercised even for single products of a sole contract of sale, but the Consumer cannot exercise the right of withdrawal with respect to a part of the single product purchased.

8.3 All products for which the consumer has exercised his right of withdrawal must be intact and in their original packaging, complete in all its parts, including the packaging materials, the seals if affixed, as well as any accessory documents, such as references to the order, shipment documents and every more.

8.4 If the product for which the withdrawal was exercised returns to Tecnodidattica damaged, this only shall inform the Consumer in order to allow him, whether possible, to exercise his right of recourse against the courier chosen for the return of the product.

8.5 Tecnodidattica will not be liable under any circumstances for damages, thefts or losses of goods returned, until the redelivery of the same; each risk will be, therefore, on the exclusive charge of the Consumer Customer.

8.6 Once checked the integrity of the returned product, Tecnodidattica will refund to the Customer the amount paid for only products returned, plus delivery costs but excluding any additional costs if the Consumer has expressly opted for a mean of delivery more expansive than the cheaper one offered by Tecnodidattica, within 14 days from the date on which it was informed of the decision of the Consumer to cancel the contract. The refund will be done using the same mean of payment used by the Consumer for the transaction, unless the Consumer has expressly allowed other mean and provided that he does not sustain any fees for the repayment. Tecnodidattica will not accept in any case goods returned countersigned. Except the case in which it has offered to collect the goods, Tecnodidattica may withhold the refund until it has received the goods back or the Consumer has supplied evidence of having resent them, whichever situation occurs first.

8.7 The Customer loses the right of withdrawal in case of lack of substantial integrity of the returned item, and so, for example, in the case of: i) lack of external and/or internal original packaging; ii) absence of parts of the product (accessories, cables, manuals, parts, etc.); iii) product damaged; iv) abnormal condition of the product. 8.8 In the event of loss of the right of withdrawal and anyway the Consumer fulfils, wholly or partly, the rules on withdrawal under the Consumer Code (Legislative Decree n. 206/2005) and these General Conditions, the sale contract will remain valid and effective and Tecnodidattica will return to him the products illegally returned, demanding the costs of shipping.

9) CANCELLATION OR MODIFICATION OF ORDERS

9.1 The purchase order can be modified or canceled by the Customer if, at the time of the request for modification or cancellation, the product has not been shipped yet and, in any case, if the amount of the price has not been received yet. In that case there will be no charge to the Customer. You can contact us by writing an e-mail to servizio.clienti@yourglobestore.com.

9.2 If, at the time of the request for modification or cancellation of the purchase order, the product has already been delivered to the courier or, in any case, the amount of the price has already been cashed, the Consumer Costumer will have to exercise the right of withdrawal pursuant to Article 8 of these General Conditions.

10) THIRD PARTIES LIABILITY

10.1 Tecnodidattica is not liable for the actions of third parties who, as independent agents, are involved in the management or execution of payment transactions, in the deliveries of goods and in any other operation connected to the execution of the contracts concluded through the website.

11) COMPLAINTS

11.1 Any complaints by the Customer must be sent by e-mail to servizio.clienti@yourglobestore.com or by fax to +390552374619 or by mail addressing to Tecnodidattica Spa, Via Colle Ramole, 9 - 50023 Impruneta (FI), Italy.

12) LAW AND JURISDICTION

12.1 The law applicable to the use of this website and to the sale of products sold on www.yourglobestore.com is the Italian one. The Court of jurisdiction to decide disputes concerning sales contracts governed by these General Conditions is the Court in Genoa. If the Customer is a Consumer, he/she can choose the Court of his/her residence or domicile.

13) PROCESSING OF PERSONAL DATA OF THE CUSTOMER

13.1 The Customer has read the information on the processing of personal data, available on the website www.yourglobestore.com.

13.2 The Customer is aware that, to check the fulfillment of the contract as well as to safeguard the security of transactions and to prevent frauds in distance sales, could be processed by Tecnodidattica, as holder and also through appointed subjects or controllers in the categories of sellers, warehouse workers, administrative workers, lawyers, forwarders agents/carriers and accountants, data simultaneously and/or after the conclusion of the orders. For this purpose Tecnodidattica might require documents proving residence, domicile and/or Customer identity. Tecnodidattica could keep the browsing logs (IP address, date, time) and other personal data provided by the Customer for the time necessary for purposes relating to the execution and checking of the correct fulfillment of the contract and for the defense against abuses.

Pursuant to and for the effects of Art. 1341 of Italian Civil Code and Articles 33 and 34 of Consumer Code (Legislative Decree n. 206/2005), the Customer expressly accepts the following clauses: 1.5 on unilateral modification of the General Conditions of Contract, 1.7 on the validity of the General Conditions, 2.1, 2.2 and 2.3 on the limitation of liability of Tecnodidattica for the use of the website, 4.2 on the limitation of liability of Tecnodidattica for use of trademarks and works copyrighted of third parties, 5.3 on the faculty of Tecnodidattica to cancel orders, 5.4 and 5.5 on the limitation of liability of Tecnodidattica for delays and non-fulfillments, 5.6 on the faculty of Tecnodidattica to cancel the order for the impossibility of carrying out the delivery, 5.7 on the faculty of Tecnodidattica to cancel the order for supervening unavailability of the goods ordered, 6.4 on the faculty of Tecnodidattica to suspend delivery in the event of non-fulfillments by the Customer, 8.4 and 8.5 on the limitation of liability of Tecnodidattica for damages, thefts or losses of products returned after the withdrawal of the Consumer, 8.7 and 8.8 on the loss of the consumer's right of withdrawal, 10.1 on liability of Tecnodidattica for third parties’ actions, 13.2 on the processing of personal data of the Customer for checking the fulfillment of contract and for the defense against abuses.

Model withdrawal form (in accordance with Article 49, paragraph 1, letter h of Legislative Decree n. 206/2005) (complete and return this form only if you wish to withdraw from the contract) • to Tecnodidattica S.p.A., Via Colle Ramole, 9 - 50023 Impruneta (FI), Italy; • e-mail address: servizio.clienti@yourglobestore.com; • Fax number: +390552374619

- I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service: ________________________________________________________________________________ - Ordered on/received on ____________________ - Name of consumer(s): _________________________________ - Address of consumer(s): ___________________________________ - Signature of consumer(s) (only if this form is notified on paper): __________________________ - Date: __________________________