TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SALES
These terms and conditions are settled in order to regulate the products’ purchase, through www.qeeboo.com, by final user as “consumer” (defined by the regulation as a physical person that buys the goods for purposes not related to his professional activity, and that does not indicate a VAT number in the order form). Any person not qualify in that terms as a customer, should contact for any other information firstname.lastname@example.org. The website www.qeeboo.com is supervised directly by Desing4all Srl (“Qeeboo”) registered office in Milan, via Stendhal 35, 20144 and enrolled at Milan Business Register with Number REA MI-2085907, VAT n. 09356830969.
Acceptance of the general sale condition.
1.1 The contract between Qeeboo and the consumer is concluded with the acceptance, either partially, of the order by Qeeboo. The acceptance is implicit, otherwise the consumer will be informed. The acceptance will not come to effect if the subject is different from a consumer or if the order is not in compliance with the commercial policy. 1.2 Placing an order, the consumer declare to have taking a look at all the informations given during the buying process and to accept the hereby terms and conditions of sales. At the end of the buying process the customer is suggested to download, save or print the hereby terms and conditions, according to articles 3 and 4 of D. lgs. 185/1999. 1.3 Any customer’s rights about damage or compensation is excluded, as well as any contractual or extra contractual responsibility about direct or indirect damage on people or goods, arisen by a order non-accepted, either partially.
2.1 The customer is able to buy the products only through the electronic catalogue on www.qeeboo.com, completing the order and view at www.qeeboo.com, as far as they are described in the relative technical schedules. 2.2 The correct receipt of the order is confirmed through an email sent by email@example.com to the email contact given by the customer during the registration. This confirmation receipt reports date, hour of registration and a “Customer Number Order” (order #) useful to communicate with Qeeboo. This confirmation e-mail including a summary of all informations insert by the customer that has to be verified by him, and in case of mistakes correct according to procedure here reported. 2.3 In case of non-acceptance’s order, Qeeboo guarantees prompt communication to the customer.
Terms of Payment.
3.1 Buying with Paypal: at the same time of online transaction conclusion, Paypal immediately will provide to charge to the customer the total import of the purchase. 3.2 In case of canceled order, both for customer or for Qeeboo not acceptance , the re-credit will be done as soon as possible and in accordance with the policy of the single circuit operators of credit cards. Once received the reconfirmation, Qeeboo couldn’t be considered responsible for any damage, direct or indirect, caused by delay on reconfirmation from Paypal or bank system. 3.3 Qeeboo reserves itself the faculty to contact the customer for more informations (example: telephone number…) just to define the effective owners of Paypal account. In absence of requested informations, Qeeboo reserves the authority to do not accept the order. 3.4 The data of the credit card will be handled in the strictest confidence and Qeeboo wouldn’t be able to know informations about credit card or Paypal account. Qeeboo is not in charge for misuse and abuse of the credit cards by third parties upon the payment of the products purchased on www.qeeboo.com.
Delivery terms and costs.
4.1 Qeeboo could accept orders with delivery in Italy, EU and Extra EU.
The shipping costs in Italy are free.
Whereas for extra EU the shipping costs are fixed depending on country and product purchased.
4.2 The order can be canceled until the moment of its fulfillment which happens with the issue of transport’s document. 4.3 For each order on www.qeeboo.com, Qeeboo issues fiscal document of shipping products, sending by e-mail, according to art 14 D.P.R. 445/2000 of the Italian Law. For the issue of the fiscal document, Qeeboo respects the data given by the customer during his order. After the emission of the fiscal document no changes can be accepted. 4.4 The shipping’s costs, will be displayed, along with other costs related to the purchase, at the end of each order and before the confirmation. The payment of the goods will be done through Paypal. Nothing is due to the customer more than what he ordered during the purchase. 4.5 The box’s delivery can be checked by tracking number, that is communicated by email along the fiscal document. No responsibility can be ascribed to Qeeboo in case of delay in the order’s fulfillment or in the delivery. 4.6 At the moment in which the customer receives goods from courier, the customer must to:
– check if the number of boxes delivered correspond to the proof of delivery;
– check if the box is complete/intact, not damaged, neither wet or broken, as well on the closure (scotch or strapping steel);
sign the proof of delivery write down subject to check specifying the motivation (example writes next to the signature: goods unchecked caused by damaged box).
Once signed the proof of delivery without good unchecked, the customer could not anymore arise possible box’s damages and take advantage of insurance against theft and damage. The only way to object to potential hidden damage inside of the box and visible once opened it, in order to proceed with the refund or replacement, is signed personally the proof of delivery write down subject to check specifying the motivation (example: damaged, signature). Possible problems dealing with integrity, conformity or product’s completeness must be arisen within 3 days from delivery, according to the hereby terms and conditions. 4.7 In case of delivered failure of stored goods within 5 working days at courier’s warehouse, because of impossibility of delivery customer’s address, the order will be returned to Qeeboo’s warehouse.
Right of withdrawal.
5.1 In accordance with art. 52 of consumption code, if the customer is a consumer (a physical person that buys the goods for purposes not related to his professional activity, and that does not indicate a VAT number in the order form sent to www.qeeboo.com), he has the right to recede from the contract of purchase for any reason, without the necessity to provide explanations and without any penalty, except for what indicated at point 5.3 below.
5.2 To make use of such right, the customer has to send to www.qeeboo.com the relative communication, within 14 days from the date of receipt of the goods. The customer should inform Qeeboo of his decision of taking advantage of the right of withdrawal by sending a letter via registered mail to: Design4all – Via Stendhal 35, CAP – 20144, Milano. The obligation of the proof related to the exercise of the right of withdrawal falls on the consumer, in accordance with art. 54 of consumption code. Once received the above mentioned communication of withdrawal, Qeeboo will rapidly communicate via email to the customer the instructions for returning the goods, assigning an univocal DR code for the goods to return, which will have to be sent to Qeeboo within 2 days from the authorization, via courier or certified mail. The goods have to be returned intact, not used, complete in all parts and in the original packaging (envelopes and packs), in respect of conditions mentioned at point 5.3.
5.3 The right of withdrawal is anyway subject to the following conditions:
the right shall apply only for the entire purchased product; it is not possible to return only a part of the purchased product;
the purchased product shall be returned undamaged and in its original package, complete with all its parts (including packaging, documentation and any other accessory); to limit damages to the original package, we recommend to insert it in a second/additional box where the client should attach a label provided by Qeeboo, reporting the DR number (return authorization code); it has to be avoided in any case the application of labels or adhesive tapes directly on the original package;
NOTICE: Qeeboo personnel is not authorized to accept returned goods not reporting the DR number on the package. According to the law, the shipping costs connected to the restitution of the goods have to be paid by the customer; the customer will not be refunded for delivery charges and other additional costs established at the moment of the order; until confirmation of their receipt by the company’s warehouse, the goods are shipped under the entire responsibility of the customer; if the goods are damaged during transport, www.qeeboo.com shall notify the customer thereof (within 5 working days from receipt of the goods at its warehouse) so as to permit the customer to promptly give notice to the his/her courier and obtain refund of the value of the goods (if insured); in this case the goods will be made available to the customer for return and the request of withdrawal will be cancelled. Qeeboo shall in no way be held liable for damages or theft/loss of goods returned by uninsured shipment; upon arrival to the company’s warehouse, goods will be examined to assess damages or tampering not deriving from transport. If the original packaging is damaged, Qeeboo shall deduct a percentage from the refund (in any case max. 10% of the refund value) as compensation to cover incurred costs.
5.4 Except for the compensation to restore the damaged original packaging, Qeeboo shall refund the customer the entire amount paid for the purchased goods within 30 days from return of the goods, by transferring the total amount through Paypal using the email address or via bank transfer. In case of transfer on a bank account, the customer shall provide immediately the bank coordinates to be used for restitution (IBAN code and bank address of the invoice holder).
5.5 The right of withdrawal is entirely failed if the essential condition of product integrity (package and/or content) is not met, that is when Qeeboo ascertains:
the usage, even if partial, of the goods of any other consumable material
lack of the original external and/or internal packaging;
lack of integral parts of the goods (accessories, cables, manuals, parts, …);
damage to the goods due to reasons other than transport.
If the right of withdrawal is failed, the customer will not have the right to the refund and will have only the right of having the goods sent back at his own risk and costs.
6.1 All the products sale on www.qeeboo.com are covered by 24-month warranty for defects of conformity according to Dlgs 206/05 of the Italian law. To use the warranty the customer must keep the fiscal document (or DDT), that will be sent by email in PDF format. 6.2 The 24-month warranty according to DLgs 206/05 applies to the product with manufacturing defects, only if the product is correctly used in respect of its natural uses and of the technical attached documents. The warranty is reserved only to the private consumer (physical person who buys the product without professional intent, i.e. without mentioning VAT in the order). In case of defects of conformity Qeeboo provides, without any expenses for the customer, to reinstatement the product conformity with renovation/replacement or prize’s decrease, until termination of the contract. 6.3 In case of Qeeboo will not able to return the product to the costumer (renovated or replaced), Qeeboo shall give back the amount payed in consideration of it use or replace it with a product with same or higher characteristics. 6.4 The customer will do inform Qeeboo to take advantage of warranty’s assistance sending a clear declaration with registered mail to: Design4all – Via Stendhal 35 CAP 20144, Milan – Italy. The good will be returned with original packaging with all its parts (documents, package, accessories: cable, handbook…); to limit damages to the original package, we recommend to insert it in a second/additional box; it has to be avoided in any case the application of labels or adhesive tapes directly on the original package. The client will receive by email an authorization number (RMA) that has to be specified on the external package, following all the informations given through the email.
NOTICE: Qeeboo’s personnel is not authorized to accept returned goods not reporting a RMA number on the package.
Once received the product and verified the defectiveness, Qeeboo will send a confirmation by email for the acceptance of the assistance’s warranty.
Except the warranty above, Qeeboo excludes any responsibility (contractual or extra contractual) regards to the customer, according to the imperative regulations.
7.1 The personal data given during the order form are reserved and used only to satisfy the requests of the customer and the data will not be disclosed to any third part. Qeeboo guarantees to its customers the respect of the regulation dealing with the use of personal data according to the Italian law, d.lgs. n.196 of 2003.
The data controller is Stefano Giovannoni, legal representative of Design4all Srl, Via Stendhal 35, 20144, Milan, Italy.
8.1 All claims have to be addressed to Design4all srl Via Stendhal 35, 20144, Milan, Italy.
Governing Law and litigation solution
9.1 The sale agreement between customer and Qeeboo is concluded in Italy and governed by Italian laws. In particular according to decreto legislativo n. 206 of 2005 upon consumer code Capo I ‘Dei diritti dei consumatori nei contratti’ with specific reference to the regulation of the distance contract, to decreto legislativo n. 185 of 1999 and to decreto legislativo n.70 of 2003 upon e-commerce regulation. For the solution of any civil and penal litigation arising from the conclusion of hereby distance contract, the exclusive jurisdiction will be of the solely competence of the court of Milan.