General terms and conditions| TrackDesign

The present general online sale conditions (hereinafter referred to as "CGV") regulate the sale agreement, (hereinafter referred to as the "Agreement") of the products (hereinafter referred to as the "product" or the "products") offered by TrackDesign S.r.l., with legal headoffice in Monopoli (BA), in Contrada Baione sn, 70043, VAT Number 08132020721, REA 606587, registered through its own Internet web site www.trackdesign.net (hereinafter referred to as the "site") to the site users (hereinafter referred to as the "clients" or the "client"). The present general sale conditions refer only and exclusively to the clients qualified as "consumers" according to art. 3, paragraph 1, letter a), of the D. Lgs. 6th September 2005, n. 206, that is, "the physical persons acting for aims not pertinent to the eventually carried out entrepreneurial or professional activity" who are over eighteen. The client declares to have became aware of all the above mentioned information and general sale conditions, before carrying out the order allowing to put into touch third party vendors (''Third Party Vendors'') and purchasers, for the purpose of online sale of goods and/or services (''Market Place''). Inside Market Place, also the Third Party Vendors can offer and put on sale their own products and conclude their relative purchase contracts with the users.

On the Site, therefore, the users can purchase both products and/or services sold by TrackDesign and products and/or services sold by Third Part Vendors. In the Site, it is always clearly indicated, if the product and/or service are sold by TrackDesign or by a Third Part Vendor. TrackDesign, as general supplier and technical manager of the Platform, is not part of the sale purchase between the user and the Third Part Vendor that is concluded exclusively between the Third Part Vendor and the user under the terms and conditions set forth in the applicable sale conditions. Through the Site, besides, the users can purchase products and/or services offered on sale on the other sites on which TrackDesign operates as provider of the registration and sale service ("Sites powered by TrackDesign"). Here below the general sale conditions of TrackDesign, that is, the general sale conditions applicable to the products and/or services specifically indicated on the Site as "sold and sent by TrackDesign" and to the products and/or services offered on sale on the Sites powered by TrackDesign, in case the purchase agreement of such products and/or services is concluded through the Site. The general sale conditions of each Third Party Vendor are put at disposal in the seller’s card to which it is possible to have access by clicking on the name of the seller present on the page of the product and in each phase of the purchase procedure.

Sale Conditions of TrackDesign

In force from 15th April 2018

1. Sphere of application and conclusion of the contract

1.1 The present General Sale Conditions govern the offer and the sale through the Site of the products and/or services specifically indicated on the Site as "sold and sent" by TrackDesign and/or products and/or services offered on sale on the Sites powered by TrackDesign, in case the purchase agreement of such products and/or services is concluded through the Site. ("Products").

1.2 The Product sale through the Site constitutes a distance agreement governed by the Chapter I, Title III (articles 45 and following) of the Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by the Legislative Decree 9 April 2003, n. 70, containing the directive of the electronic trade.  

1.3 The present Sale Conditions are applied to all the sales of the Products carried out by TrackDesignthrough the Site (“sale Conditions'' or ''CGV'') and they are not applied to the sale of products and/or services on the Site by Third Part Vendors. They can be modified at any time. Eventual modifications will be in force since their publication on the Site in the section “'sale Conditions'', present in the footer of each page of the Site. The users are so invited to have regular access to the Site and to consult, before carrying out any purchase, the most updated version of the sale Conditions.

1.4 The applicable sale Conditions are the ones in force on the date of transmission of the purchase order of a Product.

1.5 Before proceeding to the purchase of Products through the Site, the user must read carefully the present General Sale Conditions, that TrackDesign puts at his disposal in the "Sale Conditions" section of the Site whose memorization and reproduction are permitted, as well as all other information supplied by TrackDesign on the Site and/or in case of Combined Purchase, on the Sites powered by TrackDesign, before and during the purchase procedure.

1.6 The present sale Conditions do not govern the sale of products carried out by subjects different from TrackDesign that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such subjects, it is necessary to verify their sale conditions. TrackDesign shall not be liable for the supply of services and/or for the sale of products carried out by such subjects. On the web Sites that can be consulted through such links, TrackDesign does not carry out any control and/or monitoring. Therefore, TrackDesign shall be liable neither for the contents of such sites nor for their eventual errors and/or omissions and/or their infringement of the law.

1.7 The present sale Conditions do not govern the sale of products and/or services on the Site of the Third Party Vendors. Before carrying out commercial transactions with such subjects, it is necessary to verify their sale conditions put at disposal in the card of the seller to which it is possible to access by clicking on the name of the seller present on the Product Page and in any phase of the purchase procedure. TrackDesign, as mere supplier and technical manager of the platform, is not party of the sale agreement between the user and the Third Part Vendor. TrackDesign shall not be liable for the supply of services and/or for the sale of products carried out by Third Part Vendors.

2. Purchases on the Site

2.1 The purchase of the Products through the Site can take place only after registration on the Site with the modalities at the following art. 3 and it is allowed both for users performing the function of consumers and users that do not perform such a function. The physical persons are allowed to make the purchase only under condition that they are already 18 years old.

2.2 According to the art. 3, I paragraph, letter a) of the Consumer Code, we remind you that a consumer person is the physical person acting for purposes not pertinent to the eventually carried out entrepreneurial, commercial, handicraft or professional activity.

2.3 In case of orders, coming from any person, resulting anomalous with reference to the quantity of the purchased products, i.e. to the frequency of the carried out purchases, TrackDesign reserves the right to take whatever action it deems necessary to stop the irregularities, which may include the suspension of the access to the Site or cancellation of the registration on Site and the not acceptance or the cancellation of the irregular orders.

2.4 TrackDesign reserves the right to refuse or cancel orders (i) from a customer with whom a legal dispute is pending; (ii) from a user who has previously infringed the present CGV and/or the conditions and /or the terms of purchase agreement with TrackDesign; (iii) from a customer who has been involved in frauds of any type and, in particular, fraud relating to credit card payments; (iv) from a customer who has provided identification details which turn out to be false, incomplete or in any event inaccurate; i.e. that has not duly sent to TrackDesign the documents requested within the framework of the proceedings of the following articles 9.1.2 and 9.1.3 or having sent not valid documents.

3. Registration to Site

3.1 The registration to the Site is free of charge. In order to register to the Site, the user has to fill in the suitable form with name, surname, e-mail address and a password and to click on the ''Continue'' button. In case the registration takes place during the purchase procedure, also the address, the phone number and the tax code will be requested. The registration to the Site allows the user to carry out, through a reserved and personal area, among other things, the following activities: following the tracking of the shipment and the state of the orders; consulting his own historical orders; having the access to the post-sale assistance services; managing his own personal data and modifying them at any time; adding or modifying the saved credit card (cards) and cancelling its/their memorization; benefiting from the dedicated services that can be, from time to time, activated by TrackDesign.

3.3 In case the user is already registered to another one of the Sites powered by TrackDesign ("already registered user"), he may register to the Site, by using the same login credentials already in his possession ("Same Credentials"). The already registered user will be advised of the possibility to register to the Site through the Same Credentials in the section "You are already registered" of the log-in form, in which, if he wants it, he may insert such credentials and complete the registration to the Site, by clicking on the "Confirm" button. In case the already Registered User navigates in the logged Site and he puts a product into the cart or, if he wants to have access to a reserved area of the Site, he will visualize a suitable log-in form through which, if he wants, he may register to the Site with the Same Credentials, by clicking on the "Confirm" button. Through the pressure of the "Confirm" button, as specifically signalled to the user in the log-in forms, the user declares to desire to register to the Site with the Same Credentials, after consulting the General Sale Conditions and the Privacy Policy of the Site that are contextually put at his disposal. Besides, through the pressure of the "Confirm" button, the already Registered User, who has chosen to save the data of one or more credit cards for the following purchases on another one of the Sites powered by TrackDesign (“Storage of the Credit Cards"), reflects the willingness to extend the same choice also to the Site, by authorising also for the Site the memorisation of data of the credit card/s already inserted on other Sites powered by TrackDesign, in order to reuse them for the payment of the purchases on the Site. This shall not prejudice the right of the already Registered User to register to the Site also through registration credentials different from the ones already in his possession and, in particular, by using a different e-mail address, by accessing, for that purpose, to the section "Are you a new Client? Register now!" of the registration form. The registration to the Site through the Same Credentials ("Unique Registration ") involves the creation of a unique Profile, where the user may carry out all the activities reserved to him and, especially those in the above mentioned preceding art. 3.1, with reference to all the Sites powered by TRACKdesign to which he is registered ("Unique Profile"). Besides, the Unique Registration allows the user to carry out Combined Purchases, in particular, to purchase, simultaneously and through a unique cart and a unique purchase procedure and, therefore through the sending of an only one order, products offered on sale by TrackDesign, not only on the Site, but also on the other Sites powered by TrackDesign to which he is registered ("Combined Order"). We inform you, that at the moment, the Sites powered by Saldi Privati are the Site and the site shop.giallozafferano.it ("GZ Shop") and therefore for Combined Order we mean: (i) an order, sent through the Site, concerning both the products offered on sale on the Site ("Products by TrackDesign") and products offered on sale on Partners ("Products by Partners") and/or; (ii) an order, sent through the Site, concerning Products by GZ Shop. This shall not prejudice the right of the user to carry out Mixed Orders, that is, in particular, to purchase, simultaneously and through a unique cart and a unique purchase procedure and, therefore through the sending of a unique order, Products by TrackDesign and/or Products by Partners together with products sold by one or more Third Part Vendors ("Mixed Order").   

3.4 The registration credentials (e-mail address and password) must be used exclusively by the user and they cannot be granted to third parties. The user undertakes to keep them secret and to make sure that no third party has access to them and to inform immediately TrackDesign, by contacting it to the numbers in the following art. 15, in case he suspects or becomes aware of an undue use or an undue disclosure of them. Each user is allowed to register to the Site or, in case of Unique Registration, to the Sites powered by TRACKdesign only once. It is forbidden to the same user to carry out multiple registrations. In case TrackDesign notices that a same user has carried out more registrations to the Site or to the Sites powered by TrackDesign, TrackDesign reserves the right to proceed, immediately and without necessity of notice, to the block of the relative account TrackDesign or the Unique Profile.  

3.5 The user guarantees that the personal information supplied during the procedure of registration to the Site are complete and true and he undertakes to keep TrackDesign indemnified and harmless against any damage, compensation obligation and/or sanction deriving from and/or in any way related to the breach by the user of the rules on the registration to the Site or on conserving the registration credentials.  

4. Information directed to the contract conclusion

4.1 In compliance with the Legislative Decree 9 April 2003, n. 70 containing the provisions regarding electronic trade, TrackDesign informs the user that:  

to conclude the purchase agreement of one or more Products on the Site, the user must fill in an order form in electronic format and transmit it to TrackDesign, by electronic means, by following the instructions visualized from time to time on the Site;

the agreement is concluded when the order form reaches the server of TrackDesign;

before proceeding to the transmission of the order form, the user can point out and correct eventual errors of insertion of the data by following the instructions present on the Site in the various purchase phases;

the registration credentials (e-mail address and password) must be used exclusively by the user and they cannot be granted to third parties. The user undertakes to keep them secret and to make sure that no third party has access to them and to inform immediately TrackDesign, by contacting it to the numbers in the following art. 15, in case he suspects or becomes aware of an undue use or an undue disclosure of them. Each user is allowed to register to the Site or, in case of Unique Registration to the Sites powered by TRACKdesign only once. It is forbidden to the same user to carry out multiple registrations. In case TrackDesign notices that a same user has carried out more registrations to the Site or to the Sites powered by TrackDesign, TrackDesign reserves the right to proceed, immediately and without necessity of notice, to the block of the relative account TrackDesign or the Unique Profile

The order form will be stored in the database of TrackDesign for the time necessary to the execution of it and, anyway, under the terms of the law. The user may have access to the order form and /or the data regarding him through his own personal account.

4.2 The language at disposal of the users for the conclusion of the agreement is Italian. The Client Service is able to communicate with the users in the same language.

5. Availability of the Products

5.1 The Products that can be purchased from TrackDesign through the Site are the items present in the electronic catalogue published on the Site and visualized by the user on placing the order and also the products present in the electronic catalogue published on the Site TrackDesign on placing the order and specifically indicated as "sold and sent by TrackDesign". The Products can belong to various product categories.

5.2 Each Product is accompanied by an informative page illustrating the main characteristics (''Product Page''). Inside the Product Page there will be a suitable section containing the information about the availability of the Product. If a Product is not available, the user may ask to be advised, as soon as the Product is again available, by activating the function ''Advise me when available'', through selection of the suitable button present on the Product Page, in the Cart and on the page containing the list of the Products. The user who has sent the request will be advised, through e-mail, in case the Product is again available in the hundred and eighty (180) days following the sending of the request. The request of availability notification does not involve any obligation of purchase and it does not mean booking and/or order of the Product.  

5.3 The availability of the Products is monitored and updated. However, as the Site and/or the other Sites powered by TrackDesign can be visited by more users simultaneously, it could happen that more users purchase, at the same time, the same Product. In such cases, therefore, the Product could be, for a short time, available, being instead sold out or not immediately available, being for it necessary to obtain the restocking.  

5.4 If the Product is not anymore available for the above mentioned reasons, so in the other cases of temporary unavailability of the Product, without prejudice to the rights allocated to the user by law, and, in particular, by Heading XIV of the Title II of the Book IV of the civil code, TrackDesign will advise immediately the user through e-mail. The user will be so entitled to terminate, with immediate effect, the agreement, without prejudice to the right to claim damages, pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs, of the Consumer Code. The termination of the purchase agreement according to the present paragraph involves the termination of the eventually linked credit agreement and any eventual ancillary contract (as an example, the purchasing agreement of Additional Pay Assistance Services, as defined by the following art. 14).

Alternatively and without prejudice to the right of termination, the user may accept one of the following proposals by TrackDesign:  

(i) if a Product restocking is possible, a deferment of the delivery terms, with indication of the new delivery term of the replenished Product;  

(ii) if a Product restocking is not possible, the supply of a different product, of equivalent or higher value, after payment, in the latter case, of the difference, and after acceptance expressed by the user.  

The choice of the user has to be duly communicated to TRACKdesign by e-mail, to the address indicated in the art. 15.  

5.5 In case the user avails himself of the right of termination indicated at the art. 61, IV and V paragraphs, Consumer Code, that is, in case the user does not carry out any choice according to the preceding art. 5.4, and the payment of the total amount due, constituted by the price of the Product, by the delivery expenses, if applied, and by any other eventual additional cost, as resulting in the order ("Total Amount Due") has already been made, TrackDesign without prejudice to the right of the user to the compensation for damages , will carry out the refund of the Total Amount Due without undue delay and, in any case, within 14 working days after the day of the agreement termination or, respectively, from the day after the sending of the order. The refund amount will be communicated to the user by e-mail. In case of payment through credit card or PayPal, such an amount will be credited on the same mean of payment used by the user for the purchase. Eventual delays in the credit may depend on the bank, the type of credit card or the solution of payment used. In the other cases, TrackDesign will ask the user to give it, by e-mail, the bank details necessary to carry out the refund. The termination of the purchasing contract according to the preceding articles involves the termination of the eventually linked contract of credit and of any other eventual ancillary agreement.  

5.6 In case of orders concerning a plurality of Products (''Multiple Order''), if the lack of availability concerns only certain Products of the Multiple Order – without prejudice to the rights allocated to the user by law and, in particular, by Heading XIV of the Title II of the Book IV of the civil code, and without prejudice to the application of the preceding articles 5.4 and 5.5, if the lack of availability concerns all the Products of the order – TrackDesign will advise immediately the user through e-mail. The user will be therefore legally authorized to terminate the agreement without delay, only for the Product and/or the Products become unavailable, without prejudice to the right to claim damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. The termination of the purchasing agreement according to the present paragraph involves the termination of the eventually linked credit contract and the termination of any eventual ancillary agreement, to the partially terminated one only for the case where the connection and the accessoriness are both relative to the Product/s become unavailable.

Alternatively and without prejudice to such a right, the user may accept one of the following proposals by TrackDesign :  

(i) if a restocking of the Products become unavailable concerning the Multiple Order is possible, a deferment of the delivery terms concerning these Products, with indication of the new delivery term;  

(ii) if a restocking of the Product/Products become unavailable is not possible, the supply, in replacement of the Products become unavailable concerning the Multiple Order of different products, of equivalent or higher value, after payment, in the latter case, of the difference, and after acceptance expressed by the user.  

The choice of the user has to be duly communicated to TrackDesign by e-mail, to the following address indicated in the art. 15.  

5.7 In case the user avails himself of the right of termination indicated at the art. 61, IV and V paragraphs, Consumer Code, the purchasing agreement concerning the Product and/or the Products become unavailable will be partially terminated, only for such a Product/such Products, with the consequent refund, if it has been already paid, of the amount due according to such Products, including the delivery expenses, calculated as indicated by the following art. 10.3, and any other eventual additional cost due, according specifically to such Products ("Partial Amount Due"); the termination of the whole Multiple Order will be possible only in case of evident and proven accessoriness of the Products become unavailable concerning the Multiple Order with respect to the other available Products concerning the Multiple Order. The Partial Amount Due according to the Product/s become unavailable, will be refunded to the user without undue delay and, in any case, within 14 working days after the day of the agreement termination. In case the user does not carry out any choice according to the preceding art. 5.6, TrackDesign , without prejudice to the right of the user to compensation for damages, will refund the Partial Amount Due without undue delay, and in any case, within 14 working days after the day of sending the order. The refund amount will be communicated to the user by e-mail. In case of payment through credit card or PayPal, such an amount will be credited on the same mean of payment used by the user for the purchase. Eventual delays in the credit may depend on the bank, the type of credit card or the solution of payment used. In the other cases, TRACKdesign will ask the user to give it, by e-mail, the bank details necessary to carry out the refund. The termination of the purchasing agreement according to the preceding articles involves the termination of the eventually linked contract of credit and of any other eventual ancillary agreement.  

6. Information on the Products  

6.1 Each Product is accompanied by the Product Page. The images and the descriptions present on the Site and on the other Sites powered by TRACKdesign reproduce as accurately as possible the characteristics of the Products. The colours of the Products, however, may differ from the actual products due to the settings of the information systems or computers used by the users to view them. The images of the Products present on the Site or on other sites powered by TRACKdesign, besides, may differ for dimensions or according to eventual ancillary products. Such images should be understood as indicative and with the use tolerances. For the purposes of the purchase agreement, the description of the Product contained in the order form transmitted by the user will be decisive.  

7. Prices  

7.1 All the prices of the Products published on the Site are in Euro and they are meant including VAT and, where applicable, RAEE contribution. The delivery expenses, that can vary according to the method of chosen delivery and/or according to the method of payment used, will be specifically indicated (in Euro and including VAT) during the purchase procedure, before the user is bond by the agreement, in the order summary and in the e-mail of order confirmation.   

7.2 TrackDesign reserves the right to modify the price of the Products at any time and also, eventually, more times during the same day. It is understood that the price of the Product that will be charged to the user will be the one indicated in the summary of the order, visualised by the user before placing the order, and that eventual variations (increasing or decreasing) following the transmission of the order will not be considered.  

7.3 In case a Product is offered on the Site at a discounted price, (i) the reference full price respect to which the discount is calculated and (ii) to which such a reference full price corresponds will be indicated on the Site. It is understood that the offer of Products at discounted prices will be effected only in the case the reference full price of the Product corresponds to its effective market price.  

7.4 In case the user, when the law conditions exist, intends to request the application of the favourable VAT rate of 4%, foreseen by the art. 2, paragraph IX, of the law 28 February 1997, n. 30, according to the purchase of technical and information aids, according to the art. 2, paragraph 9, of the legislative decree 31 December 1996, n. 669 (converted by the law 28 February 1997, n. 30) and by D.M. dated 14 March 1998, and also of aids for the subjects with functional permanent disabilities, according to the D.P.R. 633 dated 26 October 1972, Tab. A, part II, number 41-quater, aimed to facilitate the self-sufficiency and the integration of people with disabilities, shall contact the Client Service, by using the addresses at the following art. 15.  

8. Purchase Orders

8.1 The purchasing order is strictly dependent on the non-payment of the Total Amount Due. In case such a payment does not take place, the agreement shall be deemed resolved by law. Of this termination and subsequent cancellation of the order, the user will be immediately advised: (i) immediately after the transmission of the order, through the Site, in case he has chosen as method of payment the credit card; (ii) through e-mail, in case the user has chosen one of the other methods of payment put at disposal by TrackDesign, including PayPal.  

8.2 The ownership of the Products will be transferred to the user at the time of the shipment, to be meant as the moment of delivery of the Product to the carrier (''Shipment''). The risk of loss or damage of the Products, for reasons not attributable to TrackDesign, on the contrary, will be transferred to the user, when the user or a third party designated by him and different from the carrier, acquires the physical possession of the Products.   

8.3 To be able to send an order relative to a Product through the Site, it is necessary to read and examine carefully the present CGV.  

9. Methods of payment  

9.01 The payment of the Products purchased through Site can be carried out through the methods of payment described in the following paragraphs. Some methods of payment may not be able to be used due to the type of purchased Product and/or to the methods of delivery or shipment. In case one of these methods cannot be used according to a specific Product or order, this will be clearly indicated on the Site at the latest at the beginning of the purchasing procedure. The not available payment methods will not be able to be in any case selected by the user during the suitable step ("Choose the payment and continue") of the purchasing procedure.   

9.02 In case of Mixed Order (that is an order concerning Products by TRACKdesign and/or Products by Partners together with products sold by one or more Third Party Vendors), the unique payment method accepted, also concerning the Products by TrackDesign and/or the Products by Partner, is the credit card.  

9.03 In case of Mixed Order, even though the cart and the payment are unique, there are all effects, also of law, of different orders grouped per seller, identified by a specific and separate order number and separately sent and debited on the credit card used for the payment, with the timing foreseen in the present CGV as regards the orders relative to the Products (sold by TRACKdesign, regardless of whether they are Products by TrackDesign and/or Products by Partners) and in the general sale conditions of the relevant Third Party Vendors as regards the products of such vendors ("Orders inside the Mixed Order"). The order confirmation of the Mixed Order will be unique, but it will contain many parts covering the Orders inside the Mixed Order with separate indication with reference to each of them of the information at the preceding art. 4.1.4.   

9.04 In case of Mixed Order, the presence of a Multiple Order, as defined at the following art. 10.3, is assessed by reference to the Order inside the Multiple Order (ex: if the user purchases, through the same Mixed Order, two Products by TrackDesign (whether they are Products by TrackDesign and/or Products by Partners) and a product by a Third Party Vendor, the Order inside the Mixed Order relative to the Products sold by TrackDesign is to be considered a Multiple Order, whereas the order relative to the product purchased from the Third Part Vendor has to be considered a single order) ("Multiple Order inside a Mixed Order").  

9.05 It must be understood that in case of Multiple Order inside a Mixed Order the delivery of the products purchased through the Site shall be both contextual and distributed.  

9.1 Credit card  

9.1.1 The payment of the Products purchased on the Site may be carried out through credit card directly through the Site. TrackDesign accepts the credit cards of the VISA, Mastercard, American Express, Maestro circuits. The accepted credit cards are, in any case, indicated, in the footer of each page of the Site. The debit of the Total Amount Due from the user to TRACKdesign is carried out at the moment of the transmission of the order. By selecting the box "Save your credit card for your next purchases" present on the page "Carry out your payment " of the purchase procedure, so going to the section " Saved Credit Cards " of the own personal account, the user can authorize the memorization of the data of one or more credit cards and their reuse for the payment of the next purchases on the Site and on the other Sites powered by TRACKdesign, in case of Unique Registration, by avoiding, in that manner, to have to insert the data of the credit card for each purchase. The user may, at any time, withdraw the authorisation to the reuse of the data of the credit card for the next purchases, going to the section " Credit cards saved " of his personal account and cancelling the already saved cards, clicking during the purchase procedure on the "Modify" button appearing near the memorised credit cards.

9.1.2 In order to guarantee the security of the payments carried out on the Site and to prevent eventual frauds, TrackDesign reserved the right to ask the user, by e-mail, to send, through the same mean, a copy (front/back) of his own identification document and in case the holder of the order is different from the holder of the card, of the identification document of this latter. The document will have to be valid. The term within which the document will have to reach TrackDesign will be indicated in the e-mail of request. Such a term will not be, in any case, longer than 5 working days after the receipt of the request by the user. During the waiting for the document requested, the order will be suspended. The user shall be responsible for sending the documents requested within the indicated term.   

9.1.3 In the event that TrackDesign does not receive these documents by the deadline specified in the e-mail request or receives documents which have expired or are not valid, the agreement shall be understood to be terminated by law pursuant to and for the purposes of Article 1456 of the Italian Civil Code and the order consequently cancelled, subject to TrackDesign right to compensation of any damage the same may suffer due to the non-compliant conduct of the user. The termination of the agreement, of which the user will be advised through e-mail, within and not later than 5 working days from the expiration of the term for the sending of the documents requested by TRACKdesign, will involve the cancellation of the order with consequent refund of the Total Amount Due, if paid, through credit on the same mean of payment used. In case of timely receipt from TrackDesign of the valid documentation requested, the delivery terms applicable to the order will start from the date of receipt of such a documentation.   

9.1.4 TrackDesign uses the service of safe payment of the Banca Sella foreseeing the use of the SSL security protocol. The reserved data of the credit card (number of the card, holder, expiration date, security code) are encrypted and so transmitted to the payment manager. TrackDesign has never access and does not memorise the data of the credit card used by the user for the payment of the Products, even if the user proceeds to Save the Credit Cards, excepting the case only for the data relative to the holder of the card, as indicated in the preceding articles 9.1.2 and 9.1.3 

9.2 Cash on delivery 

9.2.1 Without prejudice to the provisions of the preceding article 9.02, the payment of the Products purchased on the Site may be made on delivery, by choosing the method of payment “cash on delivery”.  

9.2.2 In case of payment “cash on delivery”, an additional contribution is due for the delivery. The exact amount of this contribution will be specifically indicated on the pages of the purchasing procedure, before the user carries out the transmission of the order, and in the order confirmation.  

9.2.3 The payment through “cash on delivery” may take place in cash, till a maximum of euro 2.999,99, and for higher amounts, through a cashier's check to be issued in favour of the subject indicated in the e-mail that TrackDesign will send to the user after the receipt of the order. 

9.2.4 By deciding to buy with cash on delivery, the price of the product may incur an extra cost depending on the country of residence of the applicant.

9.3 PayPal  

9.3.1 Without prejudice to the provisions of the preceding article 9.02, the payment of the Products purchased on the Site may be made through the solution of payment PayPal. If the user chooses to pay through PayPal, he will be re-addressed to the site www.paypal.it where he will make the payment of the Products according to the procedure foreseen and regulated by PayPal and on the terms and conditions of agreement agreed by the user through PayPal. The data inserted on the site of PayPal will be treated directly by it and they will not be transmitted to or shared with TrackDesign. So TrackDesign is not able to know and does not memorize in any way the data of the credit card linked to the account PayPal of the user or the data of any other instrument of payment linked to such an account.   

9.3.2 In case of payment through PayPal, the Total Amount Due will be debited by PayPal to the user with the conclusion of the on-line agreement. In case of termination of the purchasing agreement and in any other case of refund, at any title, the amount of the refund will be credited to the PayPal account of the user. The times of reimbursement on the payment instrument linked to such an account depend exclusively on PayPal and on the bank system. Once the credit order in favour of this account has been arranged, TrackDesign shall not be held liable for any delays or omissions in the crediting to the user of the amount reimbursed, and in order to challenge the same, the user will have to directly contact PayPal.   

9.4 Bank transfer  

9.4.1 Without prejudice to the provisions of the preceding article 9.02, the payment of the Products purchased on the Site may be made through bank transfer. The bank details for making the transfer will be indicated on the "Payments" page accessible through suitable link from the footer of any page of the Site and in the e-mail of confirmation of the order.  

9.4.2 The payment of the Products through bank transfer has to take place within and not later than 7 calendar days after the order date. On expiry of that period, the agreement will be deemed resolved by law, with consequent reimbursement of the Total Amount Due eventually paid late. The termination of the agreement will be communicated to the user by e-mail and the paid amount returned through the modalities at the art. 5.5, as applicable.  

9.4.3 In case of payment through bank transfer, the Shipment of the Products will be carried out only after the receipt by TRACKdesign of the transfer. Consequently the delivery terms of the Products will start from that date.  

9.4.4 In order to make the link between the payment received through bank transfer and the placed order easier, the client is required to indicate the order number in the reason of payment of the bank transfer.  

9.5 Instalments through financing 

9.5.1 Without prejudice to the provisions of the preceding article 9.02, the payment of the Products purchased on the Site may be carried out also with instalments through financing.  

9.5.2 Such a method of payment can be used only by users operating the role of consumers pursuant to and for the purposes of the provisions of art. 3, I paragraph letter a) Consumer Code and that are owner of a current bank or post office account. The financing can be requested for a minimum amount of Euro 300.00 (VAT included) and for a maximum amount of Euro 8,000.00 (VAT included), unless otherwise provided during the purchasing procedure that is, it does not concern interest-free operations, and in the latter case the minimum financing amount will be of Euro 300.00 (VAT included) and such information will be supplied to the user during the purchasing procedure.   

9.5.3 The financing will be granted by Findomestic Banca S.p.A. - Via Jacopo da Diacceto, 48 - 50123 Florence I, fully paid-up Share Capital 659.403.400 Euro - R.E.A. 370219 FI – Tax Code and R.I. of FI 03562770481 - Register of Banks n°5396, Registered with the Banking Group Register as ''Findomestic Gruppo'' under n. 3115.3. Company subject to management and coordination on the part of the Sole Shareholder BNP Paribas Personal Finance S.A. - Paris (Gruppo BNP Paribas). Associated with ABI (Italian Bank Association) and ASSOFIN Italian Association of Consumer and Real Estate Credit (''FINDOMESTIC'').  

9.5.4 All the information about financing, as, for example, financing type, duration, interest rates (TAEG and TAN) as well as all the other mandatory pre-contractual information will be supplied during the purchasing procedure, directly on the Site and/or through link to the internet site of FINDOMESTIC. The instalment payment through financing may be requested by the user, by choosing this method of payment among the available ones at the end of the purchasing procedure. By choosing this form of payment, the user will be transferred to the site of FINDOMESTIC. The conclusion of the financing agreement will take place, through the site of FINDOMESTIC, directly between this company and the user.  

9.5.5 The effectiveness of the purchasing agreement of the Product according to which the user has chosen the method of payment in this article, is conditional upon the approval of the financing by FINDOMESTIC. In case FINDOMESTIC does not approve financing, that is, the user does not send to FINDOMESTIC the necessary documentation, in the terms indicated in it, the purchasing agreement of the Product will be deemed resolved and the relative order consequently cancelled.  

9.5.6 The order will remain suspended until FINDOMESTIC communicates to TRACKdesign the activation of the financing. The delivery terms of the Products will start from that date. In case of not granting of the financing, the purchasing agreement of the Product will be deemed resolved.  

9.5.7 The personal data supplied by the user to FINDOMESTIC during the procedure of conclusion of the financing agreement through FINDOMESTIC site, will be acquired and kept exclusively by FINDOMESTIC. TrackDesign may not visualise them and may not in any other way have access to them.   

9.5.8 In case the user who has chosen the method of payment mentioned in the present article, exercises the right of withdrawal, with reference to the purchasing agreement of the Product, complying with the laws at the articles 52 and following of the Consumer Code, the financing agreement will be deemed resolved , without any penalty, according to the art. 58 of the Consumer Code.  

9.6 Payment at a Pick&Pay with cash, credit card, debit cards and bank cheques.   

9.6.1 Without prejudice to the provisions of the preceding article 9.02, in case the user chooses as method of delivery of the Products, the Delivery at the Pick&Pay, mentioned at the following art. 10.7, the payment of the Products may be made at Pick&Pay at the moment of the collection through cash, credit card, debit cards, bank cheques and bank drafts. The credit cards that can be used are American Express, MasterCard, Visa, PagoBancomat and PostePay. The Product will be delivered only in case the subject making the collection is also owner of the credit card to be used for the payment. The bank cheques are accepted till the maximum amount of Euro 5,000.00. They have to be issued in favour of TrackDesign s.r.l. with mandatory writing "non-transferable". The Centax verification is foreseen always for cheques higher than Euro 500.00, whereas it is at the operator's discretion for the cheques of lower amounts. The bank drafts have to be issued in favour of TrackDesign s.r.l. with mandatory writing "non-transferable". To pay through bank drafts, it is necessary to send to TRACKdesign by fax (fax number 0331 1986817) the copy of the cheque issued by the bank with the reference of the own order and to wait for the authorization to be sent by TrackDesign to the user through e-mail or phone communication.  

9.7 KLARNA

9.7.1 It's easy and straightforward

When you choose Klarna at checkout, you will have the option to buy now and pay later. It is easy and safe to use. 3 interest-free installments Divide your payment into 3 interest-free installments to spread the cost of your purchase over time.

The first payment will be made when the order is processed, while the other 2 will be withdrawn every 30 days from a debit or credit card of your choice.

With Klarna you have the flexibility to buy in installments without any additional interest. Find out all the details this.

10. Modalities, expenses and delivery terms  

10.1 The deliveries of the Products are carried out only on the Italian territory, with exclusion of the following places: Livigno, the Vatican City State and, if the delivery is destined to a legal person, Republic of San Marino. The obligation of delivery is deemed fulfilled through the transfer of the material availability or anyway of the control of the Products to the user.  

10.2 At the moment of the Shipment, an e-mail confirmation of the happened delivery to the carrier will be sent to the user and it will contain also the link containing the tracking number through which the user may verify the state of the shipment; the user can anyway follow the shipment tracking of the Products from the section "Order State and tracking " of the own account. The present provision is not applied, if the carrier charged with the delivery is CEVA Logistics Italia S.r.l.  

10.3 The delivery must be paid and, unless otherwise provided, the delivery expenses are borne by the user. The amount of the delivery expenses due by the user according to a specific order is expressly and separately indicated (in Euro and including VAT) during the purchase procedure, in the summary of the order and, in any case, before the user proceeds to the order transmission. In case of partial withdrawal from Multiple Orders, the amount of the delivery expenses to be reimbursed to the user will be equivalent to the expenses of delivery that the user would have paid for the single Product concerning the partial withdrawal, as resulting from the Product Page, relating to the specific method of delivery chosen by the user. In no event, the amount of the delivery expenses to be reimbursed can exceed the amount of the expenses effectively paid by the user for the delivery. Without prejudice for what indicated in the Mixed Orders by the preceding art. 9.03.   

10.4 In the summary of the order and so, before the user proceeds to the order transmission, the total price of the order will be indicated with separate indication of the delivery expenses and of any other eventual additional expense. The total amount that will be indicated to the user also in the e-mail of confirmation of order, will constitute the total amount due by the user according to the Product. For each sale carried out on the Site, TRACKdesign issues invoice, by sending it through e-mail to the holder of the purchasing order. For the issue of the invoice, the information supplied by the user at the moment of the transmission of the order through the Site shall prevail and the user guarantees to be corresponding to the truth. No change in the invoice will be possible after its issue. The user undertakes to keep TRACKdesign indemnified and harmless against any damage that may be attributed to the Company, including possible sanctions, in case the data supplied by the user through the Site for the issue of the invoice do not correspond to the truth.   

10.5 The delivery of the Products purchased on the Site can take place, by user’s choice, with alternative methods and, precisely: (i) at the post address indicated by the user in the order form ("Home-Delivery"); (ii) at the collection point called “Pick&Pay" selected by the user during the purchasing procedure (“Delivery at the Pick&Pay"); (iii) at the collection point called “TNT Point", selected by the user during the purchasing procedure ("Delivery at the TNT Point"); (iv) at the automatic collection point called "Locker InPost" selected by the user during the purchasing procedure ("Delivery at the Locker InPost").  

10.6 Home-Delivery 

10.6.1 In case the user chooses the Home-Delivery, the Products purchased on the Site will be sent and delivered to the post address indicated by the user in the order form. Various ways of Home-Delivery are put at disposal of the user (ex: Express Courier, Delivery “to the Required Floor”, Weekend Delivery, Evening Delivery) and for each of them there is the indication of the relative costs and terms during the purchasing procedure, before the user proceeds to the order transmission.   

10.6.2 The Home-Delivery of the Product is meant at the street level, unless otherwise specified and unless the user has chosen the delivery “to the required floor”. If the user has chosen a modality of Home-Delivery involving the delivery on appointment or within a certain time, the Home-Delivery will be carried out from Monday to Friday in the normal office time (from 9:00 to 18:00), excluding the national holidays.  

10.6.3 The user acknowledges that the collection of the Product is his precise obligation. If the modality of Home-Delivery chosen by the user does not foresee the delivery at an agreed time, in case of non-delivery due to the recipient being away, the carrier will leave a notice to prove the attempted delivery (transit advice note). The notice will contain also the addresses at which the user can contact him to agree the delivery and to carry out the parcel collection. After the unsuccessful attempt of delivery, the parcel will be left in storage at the carrier’s. The user must collect the parcel within 3 calendar days starting from the second day following the one on which the transit advice note has been left. In any event, once this term has elapsed, the purchase agreement will be deemed resolved pursuant to and for the purposes of the provisions of the Article 1456 of the Italian Civil Code. TRACKdesign shall therefore take steps, within 15 working days after the termination of the agreement, to reimburse the Total Amount Due, if already paid by the user, less the costs for the Home-Delivery which has been unsuccessful, the costs of storage, the costs for returning to TRACKdesign and any other cost it has incurred due to non-delivery caused by the absence of the addressee. The termination of the agreement and the amount of the reimbursement will be communicated to the user by e-mail. In case of payment through credit card or PayPal, such an amount will be credited on the same payment mean used by the user for the purchase. Eventual delays in the credit can depend on the bank, the type of credit card or the solution of payment used. In the other cases, TrackDesign will ask the user to supply it, by e-mail, the bank details necessary to carry out the reimbursement.    

10.6.4 The user is required to report eventual particular characteristics relative to the delivery place of the Product and/or his location, by inserting a note in the order, in the suitable space put at his disposal at the end of the purchasing procedure and before sending the order. In case he does not supply such indications or supplies incorrect indications, the additional expenses that TrackDesign has to bear to fulfil the delivery of the Product will be charged to the user.  

10.7 Delivery at Pick&Pay  

10.7.1 In case the user chooses the Delivery at the Pick&Pay, the user can collect the purchased product at the point of collection called "Pick&Pay" he chose. In order to use such a modality, the user, during the purchasing procedure, will have to select the option "Collection at the Pick&Pay" and to choose the Pick&Pay at which he wants the delivery to be effected. For each Pick&Pay there is the indication of address, phone number and opening times.  

10.7.2 As soon as the product is ready for the collection, the user will receive an e-mail and, if the user has supplied also the number of the mobile phone, an SMS alert of the happened delivery of the product at the Pick&Pay (''Communication of Happened Delivery at the Pick&Pay''). Starting from the date indicated in the Communication of Happened Delivery at the Pick&Pay, the user will have 5 working days at disposal to collect the Product.  

10.7.3 The product may be collected by the user from Monday to Saturday morning, during the opening times of the Pick&Pay, excluded the national holidays. In case of prepaid order, to collect the Product, the user will have to supply to the personnel of the Pick&Pay the number of the purchasing order and to show, upon a request, an identity document. In case of order with payment to be effected at the moment of the collection at the Pick&Pay, the client will have to indicate the order number, supply an identity document and make the payment through one of the modalities indicated by the art. 9.7. If he cannot collect personally, the user can delegate a third person in writing. The proxy shall bear one copy of the identity document of the user and of the delegated person, and also contain the indication of the number of the purchasing order.  

10.7.4 The user shall be obliged to collect the product within 5 working days after the receipt of the Communication of Happened Delivery at the Pick&Pay. If the user fails to comply with the obligation, the purchasing agreement will be deemed resolved pursuant to and for the purposes of the provisions of art. 1456 civil code. As a result of the termination, the order will be cancelled and TrackDesign shall proceed to reimburse the Total Amount Due, if already paid by user. The termination of the agreement and the amount of the reimbursement will be communicated to the user by e-mail. In case of payment through credit card or PayPal, such an amount will be credited on the same payment mean used by the user for the purchase. Eventual delays in the credit can depend on the bank, the type of credit card or the solution of payment used. In the other cases, TrackDesign will ask the user to supply it, by e-mail, the bank details necessary to carry out the reimbursement.   

10.7.5 The mere non-collection of the product under the terms of the preceding art. 10.7.4 (it is meant the non-collection of the Product not preceded by the exercise of the withdrawal right with the modalities of the following art. 11) shall not be deemed as to the exercise of the right of withdrawal at the art. 52 of the Consumer Code and, consequently, shall not entitle the user to the reimbursement of the sums paid by the user for the product purchasing. The term of 14 calendar days for the exercise of the right of withdrawal at the art. 52 of the Consumer Code shall start from the date when the user collects the product. The terms and the conditions governing the exercise of the right of withdrawal are described at the following art. 11, please refer to the integral content.   

10.8 Delivery at TNT Point  

10.8.1 In case the user chooses the Delivery at the TNT Point, the user can collect the purchased product at the collection point called "TNT Point" he selected. In order to use this modality, the user, during the purchasing procedure, will have to select the option "TNT Point". A page will be visualized through which it will be possible to choose the TNT Point at which the user wants the delivery to be effected. For each TNT Point there is the indication of address and phone number.   

10.8.2 The user is required to verify personally and directly from the section " Order State and tracking" of the own account, the moment when the Product is available for the collection at the TNT Point, and the shipment number that he will have to use for the product collection. Neither TrackDesign nor TNT sends notices to signal the happened delivery of the product at the TNT Point. From the date when the Product is available for the collection at the TNT Point, as indicated in the section "Order State and tracking" of the user account, this latter will have 3 working days at disposal to carry out the product collection.  

10.8.3 The product can be collected by the user from Monday to Saturday morning, during the normal office time, excluding national holidays. To collect the product, the user has to supply to the personnel of the TNT Point the number of the waybill indicated in the section "Order State and tracking" of the user account, together with an identity document, if requested. If he cannot collect personally, the user can delegate a third person in writing. The proxy shall bear one copy of the identity document of the user and of the delegated person, and also contain the indication of the number of the shipment order.  

10.8.4 The user shall be obliged to collect the product within 3 working days from the date on which the Product is available for the collection at TNT Point as indicated in the section "Order State and tracking" of the user account. If the user fails to comply with the obligation, the purchasing agreement will be deemed resolved pursuant to and for the purposes of the provisions of art. 1456 civil code. As a result of the termination, the order will be cancelled and TrackDesign shall proceed to reimburse the Total Amount Due, if already paid by user, less the costs of shipment to TNT Point, the costs of storage, the costs for returning to TRACKdesign and any other cost it has incurred due to non-delivery caused by the absence of the addressee. In case of payment through credit card or PayPal, such an amount will be credited on the same payment mean used by the user for the purchase. Eventual delays in the credit can depend on the bank, the type of credit card or the solution of payment used. In the other cases, TrackDesign will ask the user to supply it, by e-mail, the bank details necessary to carry out the reimbursement.   

10.8.5 The mere non-collection of the product under the terms at the preceding art. 10.8.4 (it is meant the non-collection of the Product not preceded by the exercise of the withdrawal right with the modalities of the following art. 11) shall not be deemed as the exercise of the right of withdrawal at the art. 52 of the Consumer Code and, consequently, shall not entitle the user to the reimbursement of the sums paid by the user for the product purchasing. The term of 14 calendar days for the exercise of the right of withdrawal at the art. 52 of the Consumer Code shall start from the date when the user collects the product. The terms and the conditions governing the exercise of the right of withdrawal are described at the following art. 11, please refer to the integral content.  

10.9 Delivery at the Locker InPost  

10.9.1 In case the user chooses the Delivery at the Locker InPost, the user can collect the purchased product at the collection point called "Locker InPost" he selected. In order to use this modality, the user, during the purchasing procedure, will have to choose the Locker InPost at which he wants the delivery to be carried out. The Locker InPost are automatic collection points, open 24 hours a day, 7 days a week. Due to the limited capacity of the Locker InPost, the modality of Delivery at the Locker InPost is available, only if the parcel containing the Product to be delivered has dimensions equal or lower than the following ones: 38x38x64 centimetres. So, if the Product selected by the user for the purchase (including packing) does not comply with the above mentioned dimensions, the modality of Delivery at the Locker In Post will not be available and so the possibility to select it will not be given to the user during the purchasing procedure.   

10.9.2 As soon as the product is ready for the collection, the user will receive an e-mail and, if the user has supplied also the number of the mobile phone, an SMS alert of the happened delivery of the product at the Locker InPost (''Communication of Happened Delivery at the Locker InPost). Starting from the date indicated in the Communication of Happened Delivery at Locker InPost, the user will have 72 hours at disposal to collect the Product. The Communication of Happened Delivery at the Locker InPost will contain the PIN code and the QR Code that the user shall have to use for collecting the Product.  

10.9.3 The product can be collected by the user 24 hours a day, 7 days a week. In order to collect the product, the user has to insert into the appropriate interface of the Locker InPost the PIN code contained in the Communication of Happened Delivery at Locker inPost. As an alternative, the user can use the QR Code contained in such a communication, by passing it past the reader of the Locker InPost. Detailed instructions about the collection modalities of the Products at the Locker InPost are given on the appropriate pages of the Site.   

10.9.4 The user shall be obliged to collect the product within 72 hours after the receipt of the Communication of Happened Delivery at the Locker InPost. If the user fails to comply with the obligation, the purchasing agreement will be deemed resolved pursuant to and for the purposes of the provisions of art. 1456 civil code. As a result of the termination, the order will be cancelled and TRACKdesign shall proceed to reimburse the Total Amount Due, if already paid by user less the costs of shipment to Locker InPost. The termination of the contract and the amount of the reimbursement will be communicated to the user by e-mail. In case of payment through credit card or PayPal, such an amount will be credited on the same payment mean used by the user for the purchase. Eventual delays in the credit can depend on the bank, the type of credit card or the solution of payment used. In the other cases, TrackDesign will ask the user to supply it, by e-mail, the bank details necessary to carry out the reimbursement.   

10.9.5 The mere non-collection of the product under the terms at the preceding art. 10.9.4 (it is meant the non-collection of the Product not preceded by the exercise of the withdrawal right with the modalities of the following art. 11) shall not be deemed as the exercise of the right of withdrawal at the art. 52 of the Consumer Code and, consequently, shall not entitle the user to the reimbursement of the sums paid by the user for the product purchasing. The term of 14 calendar days for the exercise of the right of withdrawal at the art. 52 of the Consumer Code shall start from the date when the user collects the product. The terms and the conditions governing the exercise of the right of withdrawal are described at the following art. 11, please refer to the integral content.  

10.10 Provisions common to all the types of delivery   

10.10.1 During the purchasing procedure, before the user transmits the order, the terms within which TrackDesign undertakes to deliver the Products concerning the order of the user will be indicated. They consider not only the zone and the delivery modality but also the possibility that the user purchases more Products with the same order. The delivery terms start after the contract conclusion (i.e. the order sending), unless indicated otherwise. The delivery term of the specific order will be besides indicated in the order confirmation. In case there is not indication of the delivery term, it will take place, in any case, within thirty days after the contract conclusion date. Without prejudice to the provisions of the preceding article 9.03 regarding the Mixed Orders and the Orders inside the Mixed Order.  

10.10.2 In case the purchased Product has not been delivered or delivered late with respect to the delivery terms indicated during the purchasing procedure and in the order confirmation, the user, according to the art. 61 of the Consumer Code, invites TRACKdesign to carry out the delivery within an additional term appropriate to the circumstances ("Additional Term ex art. 61, III paragraph, Consumer Code"). If this additional term expires without having delivered the Products to the user, the user is entitled to terminate the Agreement ("Contract Termination ex art. 61, III paragraph, Consumer Code"), without prejudice to the right to claim damages. The user does not have to grant to TrackDesign the Additional Term ex art. 61, III paragraph, Consumer Code ("Cases Excluded ") if:  

a) TrackDesign has intentionally refused to deliver the Products;  

b) the observance of the delivery term indicated during the purchasing procedure and in the order confirmation has to be considered essential, considering all the circumstances that have accompanied the contract conclusion;  

c) the user has informed TrackDesign, before the contract conclusion, that the delivery within or on a specific date is essential.  

In the Excluded Cases, if the user does not receive the Products within the delivery term indicated during the purchasing procedure and in the order confirmation, is entitled to terminate the agreement immediately, without prejudice to the right to claim damages (''Termination of the Agreement in the Excluded Cases).

The indication of the Additional Term ex art. 61, III paragraph, Consumer Code and the communication of Termination of the Agreement ex art. 61, III paragraph, Consumer Code or of Termination of the Agreement in the Excluded Cases will have to be communicated by the user to TrackDesign to the following addresses at the art. 15.   

In any case, TrackDesign undertakes to give duly communication to the user, in a timely manner and by e-mail, of the delivery delay (''E-mail of Delay Notice''), indicating contextually the new delivery term, if available (''New Delivery Term'') and, in the case the user does not proceed to establish the Additional Term ex art. 61, III paragraph, Consumer Code or, if the necessary conditions are met, to the Termination of the Agreement ex art. 61, III paragraph, Consumer Code or to the Termination of the Agreement In the Excluded Cases, without prejudice to the user’s possibility to avail himself at any time of such remedies and/or the ordinary protection means provided by law, and in particular, by the Chapter XIV of the Title II of the Book IV of the civil code, TRACKdesign undertakes, in any case, to:   

(i) refund the user, who has made such a request, the delivery expenses, if already paid, within 10 working days after the expiration of the New Term of Delivery, and so not to require the expense payment from the user, who has made such a request, if not paid yet, in case of delivery with a delay from 1 to 3 working days with respect to the New Term of Delivery;  

(ii) allow the user, who has made such a request, to refuse the delivery and to terminate the agreement, with consequent refund of the Total Amount Due, if already paid, immediately and, anyway, within 10 working days after the request of termination of the agreement or, alternatively, if the user does not want to terminate the agreement, to refund the user, who makes such a request, the delivery expenses, if already paid, within 10 working days after the request and not to require the expenses payment from the user, who has made such a request, if not paid yet, in case of delivery with a delay from 4 to 10 working days with respect to the New Term of Delivery;   

(iii), offer to the user making such a request, in addition to the indications in the preceding art. 10.10.2 (ii), the supply of a different Product of equivalent of higher value, after payment, in this latter case, of the difference and after the express prior consent of the user, in case of delay in the delivery higher than 10 working days with respect to the New Term of Delivery or, in any case higher than 20 days with respect to the original delivery term.  

10.10.3 In case of Multiple Orders concerning Products that have to be delivered separately, the disposition at the preceding art. 10.10.2 will be autonomously applied to each delivery. With respect to each delivery and therefore, only for the Products concerning it, the user can proceed to the establishment of the Additional Term ex art, 61, III paragraph, Consumer Code and to the Termination ex art. 61, III paragraph, Consumer Code or to the Termination in the Excluded Cases, if the necessary conditions are met. In such a case, TrackDesign will refund the Partial Amount Due without undue delay to the user. The refund will take place with the modalities at the following art. 10.10.6.

In any case, TrackDesign undertakes to send to the user, in a timely manner, the E-mail of Delay Notice, indicating contextually the new delivery term, if available, and, in the case the user does not proceed to establish the Additional Term ex art. 61, III paragraph, Consumer Code or, if the necessary conditions are met, to the Termination of the Agreement ex art. 61, III paragraph, Consumer Code or to the Termination of the Agreement in the Excluded Cases, in relation to the single delivery and to the relative Products, without prejudice to the user’s possibility to avail himself at any time of such remedies and/or the ordinary protection means provided by law, in particular, by the Chapter XIV of the Title II of the Book IV of the civil code, TrackDesign undertakes, in any case, to:   

( (i) refund the user, who has made such a request, the delivery expenses, if already paid, and calculated as indicated in the preceding art. 10.3 within 10 working days after the expiration of the New Term of Delivery, and so not to require the expense payment from the user, who has made such a request, if not paid yet, in case of delivery of one of the Products concerning the Multiple Order with a delay from 1 to 3 working days with respect to the New Term of Delivery; 

(ii) allow the user making such a request to refuse the delivery and to terminate partially the agreement only and with exclusive reference to the Product concerning the Multiple Order that has been delivered late, with consequent refund - immediately and, anyway, within 10 working days after the request of the partial termination of the agreement- only of the amount paid by the user concerning this specific Product including the delivery expenses, calculated as indicated in the preceding art. 10.3 or , alternatively, if the user does not want to partially terminate the agreement, to refund the user making such a request, within 10 working days after the request- the delivery expenses, if already paid, calculated as indicated in the preceding art. 10.3 and not to request the expense payment from the user making such a request, if not paid yet, in case of delivery of one of the Products concerning the Multiple Order with a delay from 4 to 10 working days with respect to the New Term of Delivery. The termination of the whole Multiple Order will be possible only in case of evident and proven accessoriness of the Products concerning the Multiple Order delivered late or not delivered with respect to the other Products concerning the Multiple Order duly delivered or still to deliver. 

(iii) offer to the user making such a request, in addition to the indications in the preceding art. 10.10.3 (ii), the supply of a different Product of equivalent of higher value, after payment, in this latter case, of the difference and after the express prior consent of the user, in case of delay in the delivery of one of the Products concerning the Multiple Order higher than 10 working days with respect to the New Term of Delivery or, in any case higher than 20 days with respect to the original delivery term. 

10.10.4 In case of not sending of the E-mail of Delay Notice and the not establishment in it of the New Delivery Term, all the terms at the preceding articles 10.10.2 (i), (ii) and (iii) and 10.10.3 (i), (ii) and (iii) will start from the original delivery term.  

10.10.5 The acceptance of the New Delivery Term, in the case in the articles 10.10.2 and 10.10.3 and the choice of the user, in the case of the articles 10.10.2 (ii) and (iii) and 10.10.3 (ii) and (iii), will have to be duly communicated to TRACKdesign by e-mail to the address at the following article 15.  

10.10.6 In all the cases at the preceding articles 10.10.2 and 10.10.3 when a reimbursement is due to the user, the amount of the reimbursement will be communicated to the user by e-mail. It will be credited using the same method of payment used by the user to make the purchase, in case of payment through credit card or PayPal. In the other cases, TRACKdesign will ask the user for the bank details necessary to carry out the reimbursement. Eventual delays can depend on the bank or by the type of the credit card used.  

10.10.7 User shall verify the conditions of the Product delivered to him. The risk of loss or damage of the Products, for reasons not attributable to TrackDesign, is transferred to the user, when the user, or a third party designated by him and different from the carrier, takes material possession of the Products, so the user is advised to verify the number of Products received and that the package is intact, not damaged, wet or anyway altered, even in the closing materials (adhesive tape or metal straps) and he is required , in his interest, to indicate on the carrier transport document, eventual anomalies, by accepting the parcel subject to inspection. The receipt of the Products that is not subject to inspection, in fact, does not allow the user to take legal steps against the carrier, in case of loss or damage of the Products, except the case where the loss or the damage are due to the intent or gross negligence of the carrier and except for the partial loss or the damage that may have not been detectable upon delivery, on condition that in this latter case, the damage is denounced as soon as seen and not later than eight days after the receipt. In the event that the package presents clear signs of tampering or alteration, the user has to contact and inform immediately the Client Service, provided that, in any case, the application of the rules regarding the withdrawal right and the legal guarantee of conformity shall be effective.  

10.10.8 Letting the user know that he may have the possibility to dispose his own used product WEEE (Waste Electrical and Electronic Equipment) into the special containers at the municipal recycling centres or collection points, TRACKdesign, complying with the provisions in D. Lgs. 14 March 2014, n. 49, offers, at the moment of the supply of new Electrical and Electronic Equipment destined to domestic use, the free collection, on a one-to-one basis, of the used appliance, provided the same is of type equivalent to the new applied equipment. On the Product Page there is the indication, if the Product is subject to the WEEE and through link accessible from this page, you can find the information about the modality with which the free collection is carried out and the modalities with which the user can request such a collection. It should be noted, nevertheless, that, the collection of the WEEE, of equivalent typology with respect to the new purchased product, will be contextual to the Home Delivery, for the users selecting the modality of Home Delivery to the required floor, except in cases where the new Product is a new built-in household appliance, where the collection, according to the zone of delivery in which such a Product has to be delivered, could take place within 30 working days after the delivery date (Simultaneous WEEE Collection).The users who do not select such a modality of Home Delivery or who select a modality of Delivery different from the House Delivery can hand over the WEEE, of typology equivalent with respect to the new purchased Product, to the grouping centres and/or authorized centres specifically indicated on the Site, through the suitable link present on the Product Page ('' WEEE Collection through Grouping Places''). To use the service of Simultaneous WEEE Collection, the user who chooses the Home Delivery “to the required floor”, has to select this option during the purchasing procedure inside the cart.   

10.10.9 The performance of the Simultaneous WEEE Collection service will take place with the following modalities:   

i. the user will be contacted to agree the terms for the collection. The user acknowledges, that in case in which the WEEE does not correspond to the typology of the new Product purchased through the Site, the service of Simultaneous WEEE Collection will not be granted; such a service cannot be granted also in the event in which the non-correspondence between the WEEE and the new Product purchased on the Site should come out during the phase of the collection;  

ii. in case the user exercises the right of withdrawal according to the new Product purchased through the Site and the Service of Simultaneous WEEE Collection requested, has not been granted yet, the service will not be granted.   

iii. In case the user exercises the right of withdrawal according to the new Product purchased through the Site and the Service of Simultaneous WEEE Collection has already been granted, the cost of the disposal will not be debited to the user.   

10.10.10 Those who did not collect the parcel more than twice for different orders, cannot make purchases on the Site. In case where the subjects carry out orders in contravention of that provision, the purchasing agreement will be deemed resolved pursuant to and for the purposes of the provisions of the art. 1456 civil code. The termination of the contract will be communicated to the client by e-mail.

11. Right of withdrawal from the Product purchase  

11.1 Without prejudice to the provisions of the following article 11-bis.1, according to articles 52 and following of the Consumer Code, the user who has the capacity of consumer has the right to withdraw from the purchase agreement of the Product, without having to supply any reasons and without having to bear any costs different from the ones in the following articles 11.5 and 11.9, within the term of fourteen calendar days ("Withdrawal Period "). The Withdrawal Period expires after 14 days:  

a) in case of order relative to only one Product, from the day on which the user or a third party, different from the carrier and designated by the user, acquires the physical possession of the Products;  

b) in case of a Multiple Order with separate deliveries, from the day on which the user or a third party, different from the carrier and designated by the user, acquires the physical possession of the Products; or  

c) in case of an order relative to the delivery of a Product consisting in lots or multiple pieces, from the day on which the user or a third party, different from the carrier and designated by the user, acquires the physical possession of the last lot or piece;   

11.2 To exercise the right of withdrawal, the user has to inform TrackDesign, before the expire of the Withdrawal Period of his decision to withdraw.   

11.3 In order to exercise the right of withdrawal the user can:  

(a) use the withdrawal module form of TrackDesign ("Withdrawal Module Form"), put at his disposal on the Site, before the conclusion of the agreement, through the link "Right of withdrawal and Model Form" accessible also from the Product Page, and enclosed to the e-mail of confirmation of the order at the preceding art. 4.1.4; or   

11.3-bis TrackDesign offers to the user the possibility to exercise the on-line withdrawal, by filling in and sending a suitable form ("On Line Withdrawal Form") electronically, by following the guided procedure put at his disposal in the " Personal Area – Post-Sale Services" section of the Site. In such a case, TrackDesign will transmit, without delay, to the user, through an e-mail, a confirmation of the receipt of the withdrawal request.  

11.3-ter Except the hypothesis of sending of the On-Line Withdrawal Form, the Model Form of Withdrawal or the Withdrawal Declaration must be sent to the following address: TRACKdesign s.r.l., via Mameli 48, 21013  

11.3-quater In all the cases of exercise of the withdrawal right, regardless of the method, TRACKdesign will send to the user an e-mail of confirmation of the receipt of the request of withdrawal ("E-mail of Withdrawal Confirmation"). There will be also an enclosure with this e-mail, that is a PDF document containing (i) a prefilled label that the user can attach on the parcel to make the shipment faster and on which there will be the bar code that the user can use to open the Locker Inpost in case where, if the necessary conditions are met, he wants to avail himself of the modality of return as indicated at the following art. 11.5-bis ("Bar Code") and (ii) the 15-digit code starting with EPR that the user, in alternative to the Bar Code, can use to open the Locker Inpost in case where, if the necessary conditions are met, he wants to avail himself of the modality of return as indicated at the following art. 11.5-bis ("EPR Code").   

11.4 The user has exercised his own withdrawal right within the Withdrawal Period, if the communication relative to the exercise of the withdrawal right is sent by the consumer before the expiration of the Withdrawal Period. In case where the user avails himself of the Withdrawal Declaration, he is required to indicate in the Withdrawal Declaration the order number, the Product (s) for which he intends to exercise the withdrawal right and his address. Please note that the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period shall be on the consumer, it is in the interest of the user to make use of a durable medium when communicating his withdrawal to the TrackDesign.  

11.5 The user shall return the Products to TrackDesign, by using a carrier at his discretion and at his own expenses, without undue delay and in any case within 14 calendar days after the date on which he communicated to TrackDesign his decision to withdraw. The term is respected, if the user returns the Products before the expiration of the period of fourteen days ("Return Term"). The duly protected and packed Product must be sent to the following address: TrackDesign S.r.l., Contrada Baione sn, 70043 Monopoli (BA). The direct costs of the return of the Products to TrackDesign are borne by the user. In case the goods, for their nature, cannot be normally returned by post, you will find in the Model Instructions about the Withdrawal the maximum estimated cost of the return of such Products, identified per each type. The Model Instructions about the Withdrawal of TrackDesign, containing the information on the exercise of the withdrawal right of the Products, are put at disposal of the user on the Site before the conclusion of the agreement, through the link "Withdrawal Right and Model Form", accessible also from the Product Page and enclosed to the e-mail of order confirmation indicated in the preceding art. 4.1.4. The term is respected, if the user returns the goods before the expiration of the period of 14 days. The return of the Product to TrackDesign takes place under the responsibility and at the expenses of the user.  

11.5-bis In alternative to the modality of return of the Products as indicated at the preceding art. 11.5, the user can carry out the return of the Product against which he has exercised the withdrawal right at a Locker InPost. To open the Locker InPost where to put the Product to be returned, the user can scan the Bar Code by the appropriate reader of the Locker or enter the EPR Code. The Product is considered returned at the moment when it is placed inside the Locker InPost. In case where the user returns the Product against which he has exercised the withdrawal right through the Locker InPost, the return expenses and the responsibility of the transport are borne by TrackDesign.

Due to the limited capacity of the Locker InPost, the modality of return through Locker InPost is available only where the parcel containing the Product to be returned has the dimensions similar or smaller than the following: 38x38x64 centimetres. The return through Locker InPost is so only possible for the Products for which the Delivery at the Locker InPost is available and so only if, during the purchasing procedure, the user was given the possibility to select such a delivery modality, as indicated by the preceding art. 10.9.1.

11.6 If the user withdraws from contract, TRACKdesign will proceed to the reimbursement of the Total Amount Due paid by the user for the Product, including the costs of delivery, including the additional ones coming from the eventual choice of the user of a type of delivery different from the standard delivery, that is less expensive, offered by TRACKdesign, without undue delay and in any case not later than 14 calendar days after the day when TrackDesign was informed of the decision of the user to withdraw from contract. The reimbursement will be carried out by using the same payment mean used by the user, in case of payment through credit card and PayPal, except that the user has expressly agreed otherwise. In the other cases, TrackDesign will ask the user for the bank details necessary to carry out the reimbursement, except that the user has expressly agreed otherwise. In case of partial withdraw from Multiple Orders, the quantification of the expenses of delivery to return to the user as a result of exercising the right of withdrawal will be carried out as indicated in the preceding art. 10.3. In any event, the user will not incur any fees as a result of such reimbursement .

In case where the user has returned the Products using a carrier at his expenses and at his discretion, availing himself of the procedure as at the preceding art. 11.5, TRACKdesign may withhold the reimbursement until the receipt of the Products or, if the user has supplied evidence of having sent back the Products, whichever is earlier.

11.7 The user is liable only for any diminished value of the goods from handling of the Product in any way other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product shall therefore have to be kept, manipulated and checked adopting normal diligence and returned integral, complete in all its parts, perfectly operating accompanied by all the accessories and information sheets, with the identifying labels, tickets and disposable seal, if present, still attached to the Product and integral and not tampered, as well as perfectly suitable for the use for which it was intended and lacking signs of wear or dirt. The withdrawal, besides, is applied to the Product in its entirety. It cannot be exercised regarding parts and/or accessories of the Product. If on the package of the Product there is its serial number, i.e., for the electronic products, it is part of the product and, consequently, the Product has to be returned in the original package, that will have to be placed into a further packing, not being able to put on it any other label or tape. On the Product Page there will clear indication, if the original package has to be considered part of the Product, for the exercise of the withdrawal right.   

11.8 In the event that the withdrawal has not been carried out in compliance with the matters envisaged by applicable regulations, this shall not lead to the termination of the contract and, consequently, it shall not entitle the user to the reimbursement of the total amount due. TrackDesign will communicate it to the user, by e-mail, within 5 working days after the receipt of the Product, rejecting the withdrawal request. The Product will remain at TrackDesign at disposal of the user for the collection that will have to take place at expenses and under the responsibility of the user.  

11.9 In the event the Product against which the withdrawal has been exercised has a value decrease resulting from a manipulation of the good different from the necessary one to establish the nature, the characteristics and the working of the Product, the amount of the reimbursement will be reduced of an amount equal to such a decrease of value. TrackDesign will communicate to the user the circumstance and the consequent decreased amount of reimbursement, by e-mail, within 5 working days after the receipt of the Product, by supplying to the user, in case the reimbursement has already been carried out, the bank details for the payment of the amount due to the decrease of the Product value.   

11.10 In case where, one of the legal hypothesis applying (ex: supply of audiovisual products or computer software which were unsealed by the consumer), the withdrawal right is not applicable, specific and expressed communication of such an exclusion will be written on the Product Page and, in any case, during the purchasing procedure, before the user transmits the order.   

11.11 Nel caso in cui il diritto di recesso sia esercitato conformemente alle disposizioni di cui all’art. 52 e ss. del Codice del Consumo, da un utente che ha scelto il pagamento rateale con finanziamento di cui all’art. 9.6 che precede ovvero il pagamento mediante Cart@ in Rete CONSEL di cui all’art. 9.7 che precede, il contratto di finanziamento si intenderà risolto di diritto, senza alcuna penalità, ai sensi dell’art. 58 del Codice del Consumo.

11-bis. The withdrawal right from the purchase of Additional Assistance Services

11-bis.1 The Added Assistance Services, as defined in the following art. 14, are incorporated inside a physical product that is delivered to the user as any other Product. The terms and the modalities of exercise of the right of withdrawal from the purchase agreement of the Additional Assistance Services and the terms and the modalities of return of the physical product incorporating such services are, therefore, the ones foreseen for all the other Products from the preceding articles from 11.1 to 11.5-bis. So the user is reminded that once exercised, with the modalities at the preceding articles from 11.1 to 11.4, the withdrawal right relatively to an Additional Assistance Service, he will have to return the physical product incorporating such a service in the terms and with the modalities at the preceding articles 11.5 or 11.5-bis.

11-bis.2 Besides, the dispositions at the preceding articles from 11.6 to 11.11 are applied to the withdrawal from the Additional Assistance Services.   

11-bis.3 If the user exercises the right of withdrawal complying with the dispositions at the articles 52 and following of the Consumer Code according to a Product in conjunction with which he has purchased an Additional Assistance Service, the purchase agreement of such a service will be deemed resolved by law, without any penalty, according to the art. 58 of the Consumer Code.

12. Legal Conformity Guarantee

12.1 All the products sold on the Site are covered by the legal conformity guarantee foreseen by the articles 128-135 of the Consumer Code (“Legal Guarantee”).

12.2. To whom it is applied

The Legal Guarantee is reserved to the consumers. Therefore, it is applied only to the users who have carried out the purchase on the Site for purposes not pertinent to eventually carried out entrepreneurial, commercial, handicraft or professional activity. The guarantees for the defects of the sold thing, the guarantee for defect of promised and essential qualities and the other guarantees foreseen by the civil code with the relative terms, losses and limits will be applied to those who have purchased on the Site and who are not qualified as Consumers.

12.3. When it is applied

The seller (and, therefore, with regards to the purchases of the Products by TrackDesign and/or by Partner, TrackDesign) is responsible towards the consumer for any conformity defect existing at the time of delivery of the product and which is manifested within two years of such delivery. The conformity defect must be reported to the seller , upon penalty of voiding the warranty, within two months from the date of discovery of the defect.

Contrary absence of proof, it is assumed  that the conformity defects appeared within six months from the delivery date of the product, already existed at that date, unless proof to the contrary is furnished or this presumption is incompatible with the nature of the product or with the nature of the conformity defect. Starting from the seventh month following the delivery of the product , the Costumer must instead prove that the conformity defect already existed at the moment of the delivery of the product.  

12.4 To be authorised to take advantage of the Legal Guarantee, the user will have to supply first of all proof of the date of purchase and the delivery of the good. It is therefore appropriate that, the user, for the purpose of such an evidence, maintains the order confirmation or the purchase invoice and also the DDT or any other document that can prove the date of purchase and the date of delivery (i.e. the statement of account of the credit card or the bank statement).

12.5 Corten and treatments

For   Corten with natural finish, TrackDesign provides to supply the products in an advanced oxidation state. The typical "smattering " of oxides of the material can stain the surfaces and the parts surrounding it. This process shall end with time, when the Corten is stabilised (the natural oxidation process goes on and is stabilised in a maximum period of 36 months). Its technical and aesthetical characteristics make it suitable for the outdoor location. The Corten does not need exorbitant and complicated maintenance operations. We advise to clean the Corten surface with a dry cloth to eliminate the residues of oxide powder. Do not use any type of detergent product or other chemical products.

For the finishes in waxed Corten and brown waxed Corten, TrackDesign provides to supply the products in an advanced oxidation state. The treatment with protection wax makes the surface of the material less porous and smoother to the touch. We advise to clean the surface in Corten with a dry cloth. Upon request, it is possible to receive a wax kit to regenerate the treatment. Do not use any type of detergent product or other chemical products.

The products that could present differences compared to the illustration photos present on TrackDesign online shop, will not be considered as defects of product as own irregularities of the Corten steel. Eventual differences of colouring and irregularities of the surface of the purchased products will not be questionable as due to the finish of the product and/or the own metal characteristics.

12.6. What is the lack of conformity?

There is a defect of conformity, when the purchased good:  

• is not suitable for use to which goods of the same type are normally used;
• does not comply with the description made by the seller and does not own the qualities of the goods which the seller has presented to the consumer as a sample or model;
• does not present the qualities and habit performances of a good of the same type, that the consumer may reasonably expect, considered also the declarations made in the advertising or in the labelling;
• isn’t suitable for the particular use of the Consumer, if the Seller has been previously informed of it at the moment of the conclusion of the contract and that the seller has accepted.

12.7 Therefore, the scope of application of the Legal Warranty does not include any defects or malfunctions which were caused by unanticipated events or due to user’s fault because the product was not used in accordance with its intended use and/or the technical documentation attached to the product.  

12.8. Remedies at disposal of the user  

In the case of lack of conformity duly reported in the terms, the user shall be entitled:  - primarily, to the repair or replacement free of charge of the good, at its option, unless the remedy sought is objectively impossible or excessively expensive compared to the other;  - secondly (in case where the repair or the replacement are impossible or excessively onerous, that is, the repair or the replacement have not been carried out within the reasonable terms, that is, the previously carried out replacement or repair have caused significant inconvenience to the consumer) to the reduction of the price or to the agreement termination , at his option.  The remedy requested is excessively expensive, if it obliges the seller to incur unreasonable costs, when compared with alternative remedies available, taking into account (i) the value which the product would have, if there were no conformity defect; (ii) the extent of the conformity defect; (iii) the possibility that the alternative remedy can be performed without considerable inconvenience for the consumer.  

12.9. What to do in the event of lack of conformity? 

In case where a Product, during the period of validity of the Legal Guarantee, shows what could be a conformity defect, the user must contact the Customer Service, using the addresses of the following art. 15. TRACKdesign will reply without delay to the communication of the possible conformity defect and will indicate to the user the specific procedure to follow, also considering the product category to which the Product belongs and /or the reported malfunction. According to the typology of product, the Customer Service will indicate to the user:  (i) if the Product can be sent to TRACKdesign for the following sending to the competent centre of assistance or   (ii) if the on-spot assistance is foreseen.  It must be understood, that TrackDesign is the subject responsible of the application of the Legal Guarantee according to the Products. TrackDesign is not liable for the application of the Legal Guarantee according to the products sold by Third Party Sellers.   

12.10. In case of the art. 12.8 (i) above, TrackDesign will collect the Product and send it to the competent assistance centre. In case foreseen in the art. 12.8 (ii) above, TrackDesign will agree with the user a date useful for the access of the on-spot assistance.

In any case, the competent assistance centre will carry out the verifications necessary to determine whether there is or not the conformity defect complained. In case the defect exists, if the user has chosen, among the possible remedies, the repair, the assistance centre will make the repair. If the user has chosen the replacement and it is not for TRACKdesign excessive or objectively impossible with respect to the repair, TrackDesign will replace the Product. If the assistance centre points out the conformity defect, the eventual expenses of repair/replacement and the ones of transport to the assistance centre will be charged to TrackDesign. If the assistance centre does not point out the conformity defect, it will not be possible to apply the Legal Guarantee and, therefore, the transport expenses and the eventual ones of repair or replacement will be charged to the user. TrackDesign will inform the user of the circumstance and the eventual costs to bear for the repair or the replacement. TrackDesign reserves the faculty to send to the user the estimate issued by the assistance centre, so that the user can decide, if to effect or not the repair or the replacement at his own expenses. The user will have to authorize the repair or the replacement at his expenses in writing. After such an acceptance, a direct relationship between the assistance centre and the user will be established, to which TrackDesign will be completely extraneous and with respect to which no responsibility can be charged to TrackDesign.  

12.11 In all cases, the repair or the replacement of the defective products, if due, will be carried out as quickly as possible and anyway, except for exceptional reasons of force majeure, within 60 calendar days from the day on which TRACKdesign has received the defective product. If the replacement or the repair chosen at the beginning are not effected within such a term , the user can request one of the alternative remedies foreseen by the Legal Guarantee (replacement, in case the repair was requested; repair in case the replacement was requested; reduction of the price or termination of the agreement).

12.12 TrackDesign reserves the right to ask the user to enclose the invoice relative to the order to the request of take advantage of the Legal Conformity Guarantee.

13. Conventional Warranty of the Manufacturer

13.1 The products sold on the Site can, according to their nature, be covered by a conventional guarantee issued by the manufacturer (''Conventional Warranty'').The user can enforce such a warranty only towards the manufacturer. The duration, the extension, also territorial, the conditions and the ways of using, the types of damages /defects covered and the eventual limits of the Conventional Warranty'' depend on the single manufacturer and they are indicated in the Conventional Warranty contained in the package of the product. The Conventional Warranty has voluntary nature and, does not replace, does not limit and does not prejudice and exclude the Legal Warranty.

14. Commercialization of Pay Additional Assistance Services

14.1 TrackDesign, in collaboration with third-party companies, offers to the user the possibility to purchase additional assistance services (''Additional Assistance Services '') allowing the user to take advantage of technical assistance relating to the Product in conjunction with which they are sold or, to any product, in case of sale stand alone, after the expiration of the Legal Warranty and /or the Conventional Guarantee, under the conditions and with the limits established by the companies grating such services and contained in the relative general conditions that will be put at disposal of the user before he can purchase the Additional Assistance Services. The Additional Assistance Services do not replace, do not limit and do not prejudice and exclude the Legal Warranty due by TrackDesign, of which the consumer, under the conditions foreseen by law, can always take advantage. The Additional Assistance Services are granted by third party companies with respect to TRACKdesign whose details will be indicated during the purchase procedure before the user can conclude with TrackDesign the agreement granting him the right to use such services.

14.2 The purchase of the Additional Assistance Services is upon payment and foresees, therefore, the payment of a cost charged to the user. Such a cost, any other information of detail on the Additional Assistance Services, on the granting companies and on the modalities of activation Additional Assistance Services will be supplied during the purchase procedure before the user can proceed to the purchase of such a service.

14.3 In all the cases of termination, for any reason, including the exercise of the right of withdrawal, of the purchase agreement of the Product relating to which the user has purchased the Additional Assistance Services, the purchase agreement of such services will be deemed resolved by law, without costs for the consumer and with consequent return to the user of the amount paid for the purchase of the Additional Assistance Services.

14.4 The right of withdrawal from the purchase agreement of Additional Assistance Services is governed by the art. 11-bis to which reference should be made.

14-bis Commercialization of Third Part Services

14-bis.1 TrackDesign, in collaboration with third party subjects (''Third Part Subjects''), can offer to the user the possibility to purchase through the Site services performed by such subjects and different from the Additional Assistance Services (''Service of the Third Part'') under the conditions established by the Third Parties and contained in the relative general conditions that will be put at disposal of the user before he can purchase the Service of the Third Part.

14-bis.2 The purchase of the Service of the Third Part is upon payment and foresees, therefore, the payment of a cost charged to the user. Such a cost, any other information of detail on the Service of the Third Party, on the Third Part providing the service and on the modalities to activate and /or take advantage of the service will be supplied during the purchase procedure before the user can proceed to the purchase of the Service of the Third Part.

14-bis.3 In case of purchase through the Site of a Service of the Third Part, the user performing the function of consumer, has the right to withdraw from the agreement, with the modalities at the preceding art. 11, without having to specify the reason and without having to bear , if necessary, costs different from the ones at the following art. 14-bis.4, within fourteen calendar days from the day after the one on which the user receives the e-mail by which TRACKdesign communicates to him the activation code of Service of the Third Party and /or the modalities to take advantage of it. In case of withdrawal from the purchase agreement of the Service of a Third Party, all the previsions at the preceding art. 11 are applied, to the extent compatible, provided that, in case in which the purchase of the Service of the Third Party does not imply the delivery of a physical product incorporating the Service of the Third, the dispositions relative to the return will not be applied.

14-bis.4 If the performance of the Service of the Third Part purchased by the user through the Site can be started before the expiration of the period of withdrawal at the preceding article 14-bis.3 and the user exercises the right of withdrawal after having presented a request to this effect, the user, according to the art. 57, III paragraph ,Consumer Code, pays to TrackDesign, unless otherwise specified, an amount which is in proportion to what has been provided until the time the consumer has informed TrackDesign of the exercise of the withdrawal, with respect to all the performances foreseen by the agreement. The proportionate amount to be paid by the user to TRACKdesign must be calculated on the basis of the total price agreed in the contract and resulting from the e-mail of confirmation of the order and it is communicated to the user through e-mail.

15. Customer Assistance and complaints

15.1 It is possible to ask information, send communications or forward complaints by contacting the customer service of TRACKdesign (''Customer Service'') with the following modalities to the following addresses:

by e-mail, to the address customercare@TrackDesign.net;

by phone, to the number +390802256911;

by post, by writing to TrackDesign, Contrada Baione Sn, 70043 Monopoli (BA);

through the Site, going to the section ''Contacts'';

by fax, to the number +390802256911.

15.2 TrackDesign will reply to the complaints by e-mail or post within maximum two days after their receipt.

16. Applicable Law; The out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

16. 1 The purchase agreement concluded on the Site is regulated by the Italian law.

16.2 Without prejudice to the application to the users consumers who do not have their habitual residence in Italy of the eventually more favourable and mandatory provisions foreseen by the law of the country where they have their habitual residence, in particular in relation to the term for the exercise of the withdrawal right, to the term for the return of the Products, in case of exercise of such a right, to the modalities and formalities of the communication of such a right and to the legal conformity warranty.

16.3 In case of user consumer , for any dispute relative to the application, execution and interpretation of the present sale Conditions, the Court with Jurisdiction shall be the place of residence or elected domicile of the user.

16.4 According to the art. 141-sexies, paragraph 3 of the Legislative Decree 6 September 2005, n. 206 (Consumer Code), TRACKdesign informs the user performing the function of consumer at the art. 3, paragraph 1, letter a) of the Consumer Code, that , in case he has presented a complaint directly to TrackDesign, for which it was not possible to resolve the dispute that arose, TrackDesignwill supply the information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court settlement of the disputes relative to obligations deriving from an agreement concluded according to the present Sale Conditions (cc.dd. bodies ADR, as indicated at the articles 141-bis and following Consumer Code), by stating, if he intends to avail himself or not of such bodies to resolve the dispute. TrackDesign, besides, informs the user performing the function of consumer at the art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online termination of the disputes of the consumers (c.d. platform ODR) has been set up. The platform ODR can be consulted under the following address //ec.europa.eu/consumers/odr/ ;through the platform ODR the user/consumer can consult the list of the bodies ADR, find the link to the site of each one of them and start an on-line termination procedure of the dispute in which he is involved. Without prejudice to the right of the user consumer to appeal the competent ordinary court of the dispute arising from the present Sale Conditions, whatever the outcome of the procedure of out-of-court settlement, and also the possibility, when necessary, to promote the out-of-court resolution of the disputes relative to the consumer relationships by means of the procedures of which at the Part V, Title II-bis of the Consumer Code. Moreover, the user living in a country belonging to the European Union different from Italy can access, in the case of disputes relating to the application, execution or interpretation of these Sale Conditions, the European procedure established for small claims with Regulation (EC) no. 861/2007 of the Council, July 11 2007, provided that the value of a claim does not exceed Euro 2,000.00, disregarding all interests, expenses and disbursements.

The regulation text is available on the site www.eur-lex.europa.eu.