GENERAL TERMS AND CONDITIONS OF SALE
1) ACCEPTANCE AND SCOPE OF APPLICATION
1.1. The following general terms and conditions of sale (“General Terms and Conditions”) shall exclusively govern the sale of the Products on the Website.
1.2. This General Terms and Conditions, which are available both in Italian and in English, form an integral part of the Agreement, as defined below and the placement of an Order imply their acceptance by the User.
1.3. This General Terms and Conditions are in addition to any further terms and conditions provided in the single sections of the Website which may be from time to time surfed by the User and are of indeterminate duration.
1.4. Should this General Terms and Conditions be inconsistent with the provisions contained in the single sections of the Website, the latter shall prevail. JG HITECHNOLOGY reserves the right to unilaterally amend this General Terms and Conditions as well as the terms and conditions contained in the dedicated sections of the Website and in each purchase Offer at any time, giving notice to the Users through general announcements published on the Website. Unless where otherwise stated, all the new provisions of the General Terms and Conditions shall be automatically binding after fifteen (15) days from the date of their publication on the Website. It is understood that the applicable terms of sale are those in force at the date of placement of the Order. 1.5. The User is informed that this General Terms and Conditions are available on the Website and may be downloaded using the corresponding browser’s function.
2.1. For the purposes of the validity and effectiveness of this General Terms and Conditions the following terms and expressions will have the following meanings: - “Agreement” shall mean the off-premises purchase agreement entered into between the User and JG HITECHNOLOGY through the Website upon receipt of the Order acknowledgment e-mail at the e-mail address entered by the User during the registration on the Website; - “Consumer” shall mean any natural persons who has completed the online registration procedure for the purchase of the Products and who acts outside the scope of an economic activity (trade, business, craft, liberal profession) pursuant to and for the purposes of the Consumer Code; - “Consumer Code” shall mean the decreto legislativo no. 206/2005 and its subsequent amendments and addenda; - “Force Majeure” shall include but is not limited to: lock-outs, strikes, absolute absence of adequate means of transport, wars, riots or other military actions, floods, fires, lightings, or other natural catastrophes, explosions, accidents, any electrical, utility, or telecommunication outages, delays or breaches of any third parties such as suppliers or carriers or any other exceptional circumstances which is beyond the reasonable control of JG HITECHNOLOGY and prevents JG HITECHNOLOGY from fully and correctly performing its obligation under this General Terms and Conditions; - JG HITECHNOLOGY” shall mean the company JG HITECHNOLOGY S.r.l., having its registered office at Via Achille Grandi no. 14/b Calderara di Reno (BO), Italy (VAT 03632401208), Italian registration number BO-535004. - “Offer” shall mean the offer of a Product in accordance with the procedures and conditions better described in the same Offer as published in the dedicated section of the Website; - “Order” shall mean the purchase order of the Products which has been filled in and placed exclusively through the Website and according to the procedures indicated therein; - “Parties” shall mean the User and JG HITECHNOLOGY collectively; - “Price” shall mean the sale price of each Product as indicated in the Offer; - “Private Area”: shall mean the area of the Website reserved to the User and that can be accessed after the registration procedure is completed by entering the ID and the password; - “Product” shall mean the products offered on sale by JG HITECHNOLOGY on the Website; - “Trader” shall mean any natural or legal persons or different entities or organizations which has completed the online registration procedure for the purchase of the Products and which acts within the scope of an economic activity (trade, business, craft, liberal profession) pursuant to and for the purposes of the Consumer Code; - “User” shall mean, indistinctly, the Trader or the Consumer surfing the Website and purchasing therethrough; - “Website” shall mean a web-based network operated by JG HITECHNOLOGY as sole owner of the corresponding proprietary rights and rights of use and enjoyment at the address http://www.jghitechnology.com/site/ in order to offer to the Users the goods better indicated therein.
3) PURCHASE PROCEDURE
3.1. The purchase of the Products through the Website shall be made exclusively through the network and only if the User has first registered on the Website according to the instructions provided therein.
3.2. The registration on the Website is free. In order to register, the User shall fill in the specific form with name, surname, e-mail address and a password and click on the button “Sign in”. The entered e-mail address and password shall enable the User to access its Private Area.
3.3. Once the registration is completed and before the User places an Order by clicking on the button “Checkout”, the User will be required to read and accept this General Terms and Conditions by selecting the specific checkbox.
3.4. Before placing the Order, the User will have the possibility to verify, through an Order summary page, the correctness of the data entered as well as to modify the Order and/or correct any input errors, if any.
3.5. Once the Order is placed, the User will receive, on the e-mail address provided during the registration, an Order acknowledgment e-mail which contains the receipt of the placed Order (with the description of the purchased Products, the Price, the shipment costs and the Order number) and a link to download and store a copy of this General Terms and Conditions. It is understood that, by accessing the Private Area, the User will be given the possibility to view the summary of the placed Orders in the given section “Order history and details” at any time.
3.6. The User is informed that the Orders are digitally stored on the server.
4) DESCRIPTION OF THE OFFER
4.1. By accessing the Website the User will have the possibility to view and compare the Offers of the available Products.
4.2. Each Offer shows the description of the Products, the Price, the payment and shipment methods and the further terms and conditions for the purchase, the number of the available and/or purchasable Products as well as any other essential information to finalize the purchase of the Product.
4.3. The Products’ availability refers to the actual availability at the time the User places the Order. The User understands and accepts that this availability is indicative only as the simultaneous presence of more Users on the Website may imply that the Products may be sold to other Users before the Order is finalized.
4.4. Any images and pictures displayed in the Offer do not constitute part of the Agreement but are purely indicative and symbolic.
4.5. All the Prices indicated on the Website are expressed in Euro and in pounds and include VAT and the WEEE tax, if applicable.
4.6. The shipping costs are not included in the Price. They shall always be borne by the User and will be calculated and displayed immediately before the payment in the checkout page and summarized in the Order summary referred to in point 3.4 and in the Order receipt referred to in point 3.5.
4.7. JG HITECHNOLOGY reserves the right to modify the Prices of the Products at any time, it being understood that the Price applicable to each purchase is that indicated on the Website at the time the Order is placed. 4.8. JG HITECHNOLOGY reserves the right not to process any confirmed Orders for the following reasons: (i) lack of availability, as referred to in point
4.3; (ii) when the security systems indicate that the Order may be fraudulent; (iii) if the User is found out to be a minor; (iv) if the shipment place falls outside the list of places where JG HITECHNOLOGY is able to ship the purchased Products. Upon the occurrence of one of the above listed events, JG HITECHNOLOGY shall inform the User by e-mail and refund the Price paid in full, including the shipping costs, any right to compensation being excluded.
5) PAYMENT METHODS AND REIMBURSEMENTS
5.1. The payment of the Order shall be made upon the placement of the Order to JG HITECHNOLOGY exclusively through one of the methods listed in the points below:
5.2. Pay Pal In case of payment via PayPal account, the User will be redirected to the website www.paypal.it, where the payment of the Price will be made according to the procedure set forth and described by PayPal and subject to the contractual conditions agreed by the User with PayPal. The data entered in the website www.paypal.it will be directly processed by PayPal and will not be transmitted to or shared with JG HITECHNOLOGY. Therefore JG HITECHNOLOGY does not know and does not store in any way the data of the credit card linked to the User’s PayPal account nor the data of any other payment instrument linked to that account.
5.3. Credit, debit or prepaid cards The payment may be made by credit, debit or prepaid card directly through the Website. JG HITECHNOLOGY accepts cards of the networks Visa, Visa Electron, Mastercard, American Express. In this case the User will be redirected to the intermediary's website where the payment will be processed after the User has entered its card’s data. The data entered in the intermediary’s website will be directly processed by the intermediary and will not be transmitted to nor shared with JG HITECHNOLOGY. Therefore JG HITECHNOLOGY does not know and does not store in any way the data of the card used for the purchase.
5.4. Postepay reload In this case the payment shall be made reloading the Postepay whose data will be provided in a specific e-mail that will be received by the User after the Order is placed. In this case the Order acknowledgment e-mail referred to in point 3.5 will be sent and the ordered Products will be shipped only after the due sum is credited to the Postepay.
5.5. Bank transfer The bank transfer shall be made on the bank account provided through a specific e-mail that will be received by the User after the Order is placed. The User shall specify the reason of the bank transfer providing the Order number and the User’s name and surname. The bank fees, if any, shall be borne by the User. In case of payment through bank transfer, the Order acknowledgment e-mail referred to in point 3.5 will be sent and the ordered Products will be shipped only after the due sum is credited on JG HITECHNOLOGY’s bank account.
5.6. For the purchase of the Products on the Website, payment methods different from those expressly specified in this General Terms and Conditions or in the section “Payment methods” shall not be accepted.
5.7. On request, JG HITECHNOLOGY will issue the invoice related to the Order and send it by e-mail to the User after the delivery of the Products. The request of invoice shall be made before the placement of the Order. For the issue of the invoice JG HITECHNOLOGY will use the information provided by the User during the registration procedure and/or the filling out of an Order. No modification of the invoice shall be allowed after its issuance.
5.8. Any refund to the User shall be made with the same payment methods selected by the User for the purchase of the Products. In case Postepay’s reload was selected, the User will be requested to notice to JG HITECHNOLOGY of the method selected for the refund.
5.9. All the communications related to the payments are made on a specific line protected by an encryption system.
5.10. JG HITECHNOLOGY has taken adequate technical and organizational measures to protect the safety of its own services provided on the Website, the integrity of traffic data and electronic communications in order to prevent unauthorized use or access to data, as well as to prevent risks of disseminating, destruction and loss of data and confidential and non confidential information related to the Users that are surfing the Website, and to avoid unauthorized or unlawful access to such data and information.
5.11. JG HITECHNOLOGY shall not be held liable for any fraudulent or illegal use of the credit cards and other payment methods made by any third parties upon the payment of the Products purchased through the Website, if it proves to have taken all the necessary measures pursuant to the ordinary diligence.
5.12. For more details about the payment methods the User can also read the section “Payment methods”.
6) SHIPMENT METHODS, TIMES AND COSTS
6.1. The purchased Products shall be delivered to the address provided by the User during the Order placement within the term provided by JG HITECHNOLOGY in the Order acknowledgment e-mail and, in any case, not later than thirty (30) days after the conclusion of the Agreement.
6.2. As an alternative to the delivery referred to in point 6.1 above, the User may choose to pick up the Products at warehouse by selecting the specific checkbox: in this case the User shall collect the Products at the address indicated by JG HITECHNOLOGY providing the Order number. 6.3. Upon the shipment of the Products, JG HITECHNOLOGY will send a shipment notification e-mail which confirms that the delivery to the carrier has been made and which contains the tracking number the User may use to verify the shipment status; the User may in any case track the Products shipment directly via the section of the Site dedicated to the Order Status inside its own Private Area. 6.4. The shipment costs shall be borne by the User: the exact delivery charges are calculated and displayed separately from the Price on the checkout page, before the confirmation through the clicking on the button “Checkout” and in the Order receipt referred to in point 3.4. 6.5. The delivery of the purchased Products may be carried out, at the User’s discretion, through one of the following methods: standard, express or by picking up at warehouse.
6.6. JG HITECHNOLOGY shall not be liable for any delay in the shipment of the purchased Products if the delay is due to Force Majeure.
6.7. The risk of damage and/or loss of the Products shall pass to the User upon the delivery of the Products to the User o to an authorized representative which has been previously indicated by the User to JG HITECHNOLOGY. 6.8. For more details about the methods, costs and terms of shipment, reference is made to the section “Shipment methods, costs and times”.
7.1. JG HITECHNOLOGY warrants the Products for five (5) years from their delivery and therefore for an extended term compared to the legal warranty provided by the law.
7.2. Notwithstanding the extended warranty period provided by JG HITECHNOLOGY under clause 7.1 above, the Agreements concluded with Consumers are subject, for the remaining, to the provisions of the Consumer Code regarding the guarantee of conformity for goods. Therefore, in order to benefit from the warranty, the Consumer shall notice JG HITECHNOLOGY of the defects or the lack of conformity not later than sixty (60) days from its discovery. Should a defect or a lack of conformity be ascertained, the Consumer may choose to have the Products either repaired or replaced by JG HITECHNOLOGY in both cases free of charge, unless the required remedy is objectively impossible or unreasonably expensive compared to the other.
7.3. Notwithstanding the extended warranty period provided by JG HITECHNOLOGY under clause 7.1 above, the Agreements concluded with Traders are subject, for the remaining, to the legal warranty provided in the Civil Code. In any case the Trader shall report any defects or faults of the delivered Product not later than eight (8) days from its discovery. JG HITECHNOLOGY, at its own discretion and as the case may be, will either repair or replace the Products, any other indemnities or compensation in favor of the User being excluded.
7.4. In order to claim an intervention under warranty, the User, either Consumer or Trader, shall provide evidence of the purchase, describing the defect or fault detected.
7.5. The warranty is excluded in the following cases: (i) when the defects or faults of the purchased Product are due to an improper, inexperienced or negligent use; (ii) when the Product has been improperly stored; (iii) in case of intervention of third parties other than JG HITECHNOLOGY on the Products; (iv) in case of scratches or damages caused by crashes or accidents; (v) in case of tampering of the Product.
8) INTELLECTUAL PROPERTY
8.1. The User expressly acknowledges and agrees that JG HITECHNOLOGY is and shall remain the sole and exclusive owner of any intellectual proprietary rights, registered or not, on the Products and on the advertising contents and, in particular, on images, texts, graphics, logos, icons, distinctive marks and the buttons as well as on trade names, trademarks and industrial designs and any other features that can have and industrial and commercial use. The User expressly acknowledges and agrees that the acceptance of this General Terms and Conditions and the conclusion of the Agreement do not imply, neither totally nor partially, transfer or license of any intellectual proprietary rights on the above mentioned contents.
8.2. Furthermore the User expressly acknowledges that the trademarks, patents, trade names or other distinctive marks placed on the Products shall not be altered, abused, reproduced, removed, distributed or communicated in public without JG HITECHNOLOGY’s previous express authorization.
9) RIGHT OF WITHDRAWAL
9.1. The Consumer is entitled to withdraw from each Agreement without any penalties and without giving any reasons, within fourteen (14) days from the date of receipt of the Product purchased (or of the last Product in case several Products have been delivered in more than one shipping).
9.2. The right of withdrawal referred to in point 9.1 shall be exercised by informing JG HITECHNOLOGY of the willing to unilaterally terminate the Agreement through any written and explicit statement or using the standard withdrawal form that can be downloaded here and that shall be sent by registered letter with acknowledgment of receipt, fax, e-mail or PEC to the addresses indicated in point 12.1.
9.3. Within fourteen (14) days from the date upon which the notice of withdrawal referred to in point 9.2 is sent, the Consumer shall return at its own expense and at its own risk the Products to JG HITECHNOLOGY using a courier of its choice. For the withdrawal deadline to be met, the Consumer shall re-ship the Products before the fourteen-day term has expired.
9.4. The Products shall be returned: a) properly packed in the original package, not ruined, damaged and equipped with any accessories, instructions and documentation; b) without signs of usage unless they are consistent with a normal test of the Product (for instance: they shall not appear as being used for a long time or, in any case, for a time exceeding the necessary time for a test and shall not be in such a state not to allow the resale).
9.5. Once the Consumer’s notice of withdrawal has been received, JG HITECHNOLOGY will verify whether the returned Products comply with the provisions set forth in point 9.4 above. Should the outcome of such verification be positive, JG HITECHNOLOGY shall reimburse, according to the methods set forth in point 5.8 of this General Conditions and Terms, the entire amount paid by the Consumer for the purchase of the returned Products, including the shipping costs (but with the exception of the further costs deriving from the by the Consumer’s choice of a shipping method different from the ordinary and cheapest one), any right to compensation being excluded.
9.6. If the Product rejected by the Consumer has suffered a deterioration in value for having been handled in a manner other than that necessary for ascertaining its nature, features and functionality, the sum to be reimbursed shall be reduced by an amount equivalent to such deterioration in value. JG HITECHNOLOGY shall inform the Consumer of the circumstance and of the consequent diminished reimbursed amount by e-mail.
9.7. The modalities to return the purchased Products or to ask for substitution may be consulted in the sections “Returns and replacement”.
10) LIMITATION OF LIABILITY
10.1. JG HITECHNOLOGY’s maximum liability for any damages arising out of or related to each Agreement or to the performance thereof shall not exceed the amount paid by the User for the Order to which the claim relates, without prejudice to the application, for the Consumers, of the limits referred to in the Consumer Code (articles 33 et seq.).
11.1. The General Terms and Conditions contain the entire agreement between the Parties with respect to the subject matter of this Agreement, and they prevail on all the precedent communications, understandings and agreements, both written and oral, between the Parties.
11.2. In case any provision in or under this Agreement shall be invalid, illegal or unenforceable the validity, legality and enforceability of the remaining provisions of this General Terms and Conditions shall not in any way be affected or impaired thereby.
11.3. The relationship between JG HITECHNOLOGY and the Users is that of independent contractors and nothing contained in this General Terms and Conditions shall be construed to create a partnership, a corporation or an intermediation, employment or agency relationship between the Parties.
11.4. Any tolerance from JG HITECHNOLOGY to any User’s breach of the provisions of this General Terms and Conditions does not constitute neither a waive of any rights arising from the breached provisions nor of the right to claim the correct performance of all the provisions of this General Terms and Conditions.
12.1. Any written notices to JG HITECHNOLOGY, including the withdrawal notice referred to in point 9.2, shall be deemed valid only if addressed to JG HITECHNOLOGY to the following address: Via Achille Grandi n. 14/b, Calderara di Reno (BO) or sent by e-mail to the following addresses: email@example.com, PEC firstname.lastname@example.org, or by Fax 051/4110735.
12.2. In the registration form the User shall provide the e-mail address to which he wants to receive any communications from JG HITECHNOLOGY.
14) GOVERNING LAW
14.1. This General Terms and Conditions, the terms and conditions of any single Offer or of each Agreement shall be governed by and construed, also to the extent not expressly provided herein, in accordance with the Italian Law, with the exclusion of the application of any other law.
15.1. Any disputes related to the application, interpretation and validity of this General Terms and Conditions, the terms and conditions of any single Offer or of each Agreement shall be subject to the exclusive jurisdiction of the Italian country and, in particular, of the Court of Bologna (Tribunale di Bologna).
15.2. Notwithstanding the provisions of point 15.1, the Consumer who wants to initiate a proceeding related to the application, interpretation and validity of this General Terms and Conditions, the terms and conditions of any single Offer or of each Agreement, may seize to the Court of Bologna (Tribunale di Bologna) or the court of the place where the Consumer is resident or domiciled if it is located inside the territory of the Italian country.
15.3. Without prejudice for the provisions of point 15.3, the Consumer may in any case use the ODR (Online Dispute Resolution) web platform provided by the European Commission for the resolution of online disputes accessing to it through the following link http://ec.europa.eu/consumers/odr/.
15.4. Should the Consumer not be domiciled in the territory of a member State of the European Union, the provisions of the Law no. 218/1995 shall apply.
1) ACCEPTANCE AND SCOPE OF APPLICATION
2) USE OF THE WEBSITE BY THE USER
The User represents that all the data and information provided during the registration are true and complete and undertakes to communicate in a timely manner any variation of the above mentioned data and information, by updating them through the specific sections “Your Account”. The User may ask the deletion of its own account from the Website at any time, by contacting JG HITECHNOLOGY at the e-mail address email@example.com. The User shall take all the necessary measures to keep its username and password confidential and shall be held personally liable for any activities which will be made with its username and password. The User shall indemnify and hold the Website harmless from any misuse of the password by third parties who came to know it, in any way. Furthermore, the User undertakes to notify JG HITECHNOLOGY immediately in case it has reason to believe that a third party has come to know its password and that it may use it or may have already used it in an unauthorized way. The User shall not use the Website:
(i) in such a way as to cause or to may cause interruptions, damages or misoperations to the Website and its functionalities;
Only the registered Users are allowed to publish comments and reviews on the Products, provided that:
(i) they do not have illegal or anyhow injurious, defamatory, obscene, violent or discriminatory content;
(ii) they do not contain any advertising information related to parties other than JG HITECHNOLOGY;
(iii) they do not infringe the privacy rights of other parties. By enjoying this service, the User hereby authorizes JG HITECHNOLOGY to publish and place in public domain their content, waiving any remuneration or compensation. It is understood that the User may ask for any comments to be deleted by contacting JG HITECHNOLOGY at the e-mail address firstname.lastname@example.org at any time. JG HITECHNOLOGY reserves the right to remove, in full or in part, the contents of the comments published by the Users which infringe the above mentioned provisions. The User is held personally liable for the contents of its own comments and undertakes to indemnify and hold harmless JG HITECHNOLOGY from any liability and detrimental consequences.
4) DISCLAIMER JG HITECHNOLOGY
does not guarantee that this Site will operate continuously, uninterrupted or error-free or without malfunctions due to the connection to the Internet. Furthermore JG HITECHNOLOGY shall not bear any liability for any kind of damage to computer equipment or for loss of data caused by your downloading of any content of the Website or by the Website’s inaccessibility, virus, corrupted files, errors, omissions, service interruptions, deletions of contents, network problems or problems connected to the providers or to the telephonic and/or network connections, unauthorized accesses, data modifications, failure and/or malfunctions of User's electronic equipment.
6) INTELLECTUAL PROPERTY
The User expressly acknowledges and agrees that JG HITECHNOLOGY is and shall remain the sole and exclusive owner of any intellectual proprietary rights, registered or not, on the Products and on the advertising contents and, in particular, on images, texts, graphics, logos, icons, distinctive marks and the buttons as well as on trade names, trademarks and industrial designs and any other features that can have and industrial and commercial use. The User expressly acknowledges and agrees that the acceptance of this General Terms and Conditions and the conclusion of the Agreement do not imply, neither totally nor partially, transfer or license of any intellectual proprietary rights on the above mentioned contents. Furthermore the User expressly acknowledges that the trademarks, patents, trade names or other distinctive marks placed on the Products shall not be altered, abused, reproduced, removed, distributed or communicated in public without JG HITECHNOLOGY’s previous express authorization.
7) GOVERNING LAW AND DISPUTE