Terms of Sale

Introduction

These Terms of Sale regulate the offer and sale of the products presented on the “Trackting”  website www.trackting.com (the “Website”).

The perfect antitheft solution for motorcycles  designed and sold by TRACKTING s.r.l. consists in the combination of an electronic device (the “TRACKER”), designed to be fixed inside the User’s vehicle, and of a service ( “TRACKTING”) obtained through the App ( “App TRACKTING SMART ALARM”) installed on a mobile device (belonging to the User and not provided by TRACKTING  s.r.l.).  These Terms of Sale apply to the sale of the TRACKER  that can be purchased from the Website or  “Amazon.it”

To use the Product, you need to download the App TRACKTING SMART ALARM on your personal device and observe the General Contract Conditions  related to the use of the App TRACKTING SMART ALARM, available at the following address: https://www.trackting.com/en/app-trackting-conditions/

The Products purchased on the Website are sold directly by TRACKTING  s.r.l. with registered office in Italy, via Borgognina, 5-61030, Cartoceto (PU) – VAT registration number 02036680417; R.E.A. PS-149607, and with a share capital of Euro 10,000.00.

Scope

The User is required to read and observe these Terms of Sale.

When the User emits a Purchase order for the Product , he implicitly accepts the following Terms of Sale.  The offer and the sale of the Product constitute a distance contract governed by the Italian Legislative Decree n. 70 of 9 April 2003, concerning e-commerce ( “e-commerce”) and by articles  45 and successive of  the Italian Legislative Decree n. 206 of  6 September 2005, (“Consumer Code”) and subsequent amendments.

By ordering the purchase of TRACKER, the User accepts the Terms of Sale in force on the date of the said order.  Any change and/or addition to the Terms of Sale, including updates required for complying to the legislation in force, will come into effect at the time of their publication on the Website.  The User is therefore aware of the possibilities of change  in the Terms of Sale over time.

The TRACKER  is a device sold and marketed on the European territory.

Liability Limitations

These Terms of Sale do not govern the sale of products and/or provision of services by subjects other than TRACKTING s.r.l. that may appear on the Website by way of link, banner or other hypertext links.

Purchase on the Website

The purchase of the Product on the Website is restricted to persons who are 18 years of age and over.

To order, it is required to enter payment and shipping data.

The Website is reserved for retail sale only.  The purchase of the Product is therefore restricted to Users who are also consumers, that is (pursuant to article 3 par. I, letter a) of the Consumer Code), to natural persons acting for purposes other than entrepreneurial, commercial, professional or craftsmanship.

If the prohibitions contained in these Terms of Sale are violated, TRACKTING s.r.l. reserves the right to take all the necessary measures to stop the irregularities, including the right to refuse or cancel orders.

Contract Conclusion

In accordance with Legislative Decree n. 70 of 9 April 2003, concerning electronic commerce, TRACKTING srl informs the User that:

• To purchase one or more TRACKTING Products on the Site, the User must fill an electronic order form and send it to TRACKTING, electronically, following the instructions displayed from time to time on the Website.
• The User must accept the Terms of Sale.
• TRACKTING srl reserves the right to refuse the order for any reason, assuming no responsibility towards the User or third parties.
• The Purchaser will receive from TRACKTING srl, an Order Confirmation by email concerning the shipment of the requested products, this communication establishing the electronic sales contract.
• It may be that, due to the coincidence of a large number of orders by different Purchasers, the product is not immediately available for shipping. In this case, without prejudice to the legal rights of the Purchaser and, in particular, in reference to Chapter XIV, Title II, Book IV of the Italian Civil Code, TRACKTING srl will promptly inform the client by e-mail of such occurrence; the latter will therefore be entitled to immediately withdraw from the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V comma, of the Consumer Code. If the client who legitimately wants to withdraw has already made payment, TRACKTING srl will reimburse the total amount paid, including delivery fees and any other expense incurred with proof, in relation to the order itself. The Website is constantly and automatically updated in order to ensure the highest correspondence between factual availability and that virtually indicated on the Website.

Prices

The prices of the Products offered for sale on the Website are indicated on the Website and are expressed in Euros (€), inclusive of VAT (if applicable) and of the WEEE contribution (where applicable).

Shipping costs are charged to the Client, and TRACKTING srl maintains the right to offer them for free. In any case, during the purchase process, shipping costs will be immediately visible.

TRACKTING may change the sales prices at any time before (but not after) accepting the order.

In the rare event that the price of a product has been erroneously indicated on the Website, TRACKTING will contact the User by email to check if he intends to proceed with the order at the correct price.

Otherwise, or in the absence of indications from the User, the order will be canceled. Unless the order has already been confirmed, TRACKTING will not be obligated to supply products at an incorrect price.

Terms of Payment

The payment for products purchased on the Site can be made using the methods described in the following paragraphs. Some payment methods may not be consistent with the type of product purchased and / or the method of delivery or shipping. The payment methods actually available to the customer in relation to each product will be specifically indicated during the purchase procedure.

Credit Card

Products purchased on the Site can be paid by credit card directly through the Website, where credit cards accepted by TRACKTING are also specifically indicated.

Using a credit / debit card to pay for an order is a guarantee and confirms that the card used belongs to the purchaser. All credit / debit card holders are subject to validity checks and authorization by the card issuer. If the issuer of your card does not authorize payment, TRACKTING will not accept the order andwill not be obliged to inform the User of the reason for the non-acceptance and will not be responsible for non-delivery.

Likewise, TRACKTING shall not be liable for commissions applied by the Issuer of the card or by the bank of the User  to process the payment .

During the entire purchase process, TRACKTING never has access to information relating to the User’s credit card. The information is transmitted, via secure connection, directly to the card issuer’s website. Nor does TRACKTING possess IT storage archives for such data, with the exception of data relating to the card holder.

Methods and Terms of Delivery

The delivery obligation is understood to be fulfilled when the material availability of the product is transferred to the User.

Products purchased from the Website will be delivered in Europe.

The delivery will be made to the shipping address indicated in the order the User entered on the Website, provided that this address is within the European territory. Orders indicating a shipping address outside the European territory will be deleted pursuant to art. 1456 of the Civil Code, where applicable, and the total amount due will be reimbursed, if already paid.

Furthermore, delivery cannot be made to post office boxes or post offices. In the event that the shipping address indicated by the User is at a post office box or post office or in one of the locations indicated, TRACKTING will proceed to terminate the contract pursuant to and by effect of art. 1456 c.c. and to any refund of the price of the product, if already paid.

In case of doubts about delivery destination, the User is invited to request information by contacting TRACKTING at the e-mail address: support@trackting.com.

The delivery costs – which may vary according to the delivery methods chosen by the customer and in relation to the destination, number and weight / volume of the goods the User intends to purchase – will be indicated expressly and separately, before the Purchaser transmits his purchase order. This amount will be finally reported in the order confirmation e-mail.

The delivery of the goods will be effectuated at street level.

The User will verify upon delivery:

• that the number of delivered parcels corresponds to the number indicated in the confirmation email;
• that the packaging is intact, undamaged, wet or otherwise altered;
• that the closing materials (adhesive tape or plastic-coated strapping) have not been tampered with in any way.

Furthermore, the User is invited in his / her interest, to report any damage to the packaging or discrepant number of parcels by writing  ” WRITTEN VERIFICATION RESERVE ” on the transporter’s  delivery slip, specifying the reason .

The User acknowledges that if he accepts the goods without a written reserve, he will not have the right to start a  legal action against the transporter in case of lost or damaged  goods, except when the loss or damage is due to the willful misconduct or gross negligence of the transporter itself and in case of partial loss or damage that is unnoticeable at the time of delivery.

Information on Trackting Products.

TRACKTING srl is not responsible for any incompatibility between the App TRACKTING SMART ALARM and the smartphone or mobile device belonging to the User.

To check the compatibility of the App TRACKTING SMART ALARM, it is recommended to download it and install it before purchase.

Right of Withdrawal

Pursuant to articles 52 and subsq. of the Consumer Code, the User who has the quality of consumer is entitled to withdraw from the purchase contract of the Product without incurring additional costs other than the direct costs of returning the goods, as provided in this section and without giving any reasons, within the term of fourteen calendar days (“Withdrawal Period”) starting from the date on which the User comes into material possession of the goods ordered.

To exercise the right of withdrawal, the User must inform TRACKTING srl of his decision to withdraw before the expiry of the Withdrawal Period, referring to the contacts of the Website.

The products sold on the Website are original and are shipped in their authentic packaging; in return, the products must be returned as received, in their original packaging, and inclusive of any accessories (eg cables, batteries, manuals …) and / or elements that constitute an integral part.

Furthermore, the right of withdrawal applies to products in their entirety and not to parts and / or accessories of the same. The products, correctly packed and protected, must be promptly sent to TRACKTING srl within and no later than 14 calendar days from the date on which the User has notified TRACKTING srl of his decision to withdraw. The deadline is met if the User sends the product before the expiry of the 14-day period.

For the purpose of return, the product may be tested or verified but must not have been used or damaged; it must therefore be kept with normal diligence and entirely returned by the User, in a state perfectly suitable for the use to which it is intended and free of signs of wear or dirt, complete in all its parts, accompanied by all the accessories and leaflets, labels, where present, intact and not tampered with.

The reimbursement will take place by way of a transaction reversal procedure using the same means of payment chosen by the User at the time of the order. If there is no correspondence between the receiver of the products indicated in the order form and who made the payment of the sums due for their purchase, the reimbursement of the amounts, in case of exercise of the Right of withdrawal, will be performed by TRACKTING srl, in any case, against those who made the payment.

In the event that the withdrawal has not been exercised in accordance with the provisions of applicable law and, in particular, in the event that the product is not intact in its entirety and / or accompanied by its accessories and / or elements that constitute its entirety (ex: labels, manuals, cables, batteries, …), it will not entail the termination of the contract and, consequently, will not give the right to a refund of the amount paid for the product by the customer.

TRACKTING srl will notify the User by e-mail within 14 working days from reception of the product, rejecting the request for withdrawal. If TRACKTING srl has already received the product, it will remain at the Client’s disposal for collection, which must be carried out at the expense and under the responsibility of the same.

In the event in which the value of the withdrawn product decreased due to handling for purposes other than those necessary to establish the nature, characteristics and functioning of the product, the amount of the repayment will be curtailed by an amount equal to the decreased in value.

The refund is extended no later than 14 days after reception of the device. The product, appropriately packed and protected, must be sent to TRACKTING srl within 14 calendar days from the date on which the User has notified TRACKTING srl of his decision to withdraw.

Legal Compliance Warranty

All products sold on the Website are subject to the “Legal Guarantee of Conformity” legislation provided for in articles 128-135 of the Legislative Decree n. 206/2005 (“Consumer Code”) (“Legal Guarantee “).

TRACKTING srl is liable towards the User in respect of any lack of conformity existing at the time of delivery and occurring within two years of delivery. The lack of conformity must be reported to TRACKTING srl, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is presumed that the conformity defects discovered within six months from the delivery of the products already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect. From the seventh month  after the delivery of the product, it will be the consumer instead who will have to prove that the lack of conformity already existed at the time of delivery.

In order to take advantage of the legal guarantee, the User must therefore first provide proof of the date of purchase and delivery of the goods. It is advisable, therefore, that the User, for the purposes of such proof, keeps the purchase invoice, which TRACKTING srl sends to him via e-mail as well as the delivery slip or any other document that can attest  the date of purchase and delivery.

Product Defects

In case of defects of the product and if TRACKTING srl receives a valid claim from the User, within 30 days of the date of purchase, TRACKTING srl will, at its discretion and to the extent permitted by law:

• repair the product free of charge; or
• replace the product with a new or a refurbished one.

In the event of a defect, to the extent permitted by law, the above are the only and exclusive remedies available to the User. Shipping and handling costs may be charged to the User, unless this is prohibited by law. The legal guarantee is valid exclusively in the country in which the product and service were sold and activated by TRACKTING srl or authorized dealers / agents, and to the extent permitted by Italian law or by the laws of such countries. The repaired or replaced product will be guaranteed for the remainder of the original guaranty period or for thirty (30) days, whichever is longer, or for any additional period applicable in the User’s  jurisdiction.

How to Get Assistance Under Guarantee

To obtain assistance covered by the guarantee, it is necessary to contact TRACKTING srl at support@trackting.com, and ship the product in its original packaging or in a package that offers the same degree of protection, to the address specified by TRACKTING srl.

In compliance with the laws in force, TRACKTING srl may request a proof of purchase and / or to comply with the registration requirements before receiving any assistance under guarantee. It is the User’s responsibility to back up any data, software or other material that may be memorized or stored in the product. It is likely that such data, software or other materials will be lost or reformatted during the service and TRACKTING srl will not be responsible for any damages or losses of this kind.

 

Exclusions and Limitations

The guaranty does not work for a TRACKER, or its parts, that has been altered or modified by the User himself or by third parties, or if the product has been fixed onto a support not foreseen by TRACKTING srl.

Furthermore, this Guarantee does not work:

1. for defects and / or malfunctions of the Product arising and / or connected to the improper and illegal use of the TRACKER (by way of example and not limited to illicit activities and spying). THE TRACKER HAS BEEN DESIGNED EXCLUSIVELY FOR LEGAL USE. Any use of the TRACKER, the use of the product in a manner other than that allowed on a motorcycle or another vehicle that you do not have the right to monitor, is a violation of the Law.
2. For damages and/or malfunctions of the Product caused by contamination of liquids and / or accidental vaporizations due to negligence.
3. For damages caused by excessive mechanical stress (for example vibrations and / or impacts) due to improper installation. (see the Introduction to Trackting).
4. For defects deriving from usage with incompatible components and / or systems, and in any case not indicated and / or manufactured by TRACKTING srl.
5. For defects / damages caused by unforeseeable circumstances, force majeure or external causes.
6. For damages caused by usage beyond the permitted use or the use foreseen by TRACKTING srl or with an incorrect voltage or power supply.
7. For damages caused by assistance (including updates and expansions) provided by subjects different from those authorized by TRACKTING srl . The recovery and reinstallation of software programs and user data belonging to the User are not covered by this Guaranty.

Damage Limitation

Unless required by Law, TRACKTING srl disclaims any liability for incidental, indirect, special or consequential damages, including, but not limited to, loss of profits, revenues or data arising from the breach of guarantees, or express or implied conditions, or other legal reason, even if TRACKTING srl has been informed of the possibility of such damages.

Applicable Law

The purchase contract concluded on the Website is governed by Italian Law and is subject to the jurisdiction of an Italian Judge.

Exception is made to more favorable applicable and mandatory provisions pursuant to the Law in force in the country where Users who do not have their usual residence in Italy have their habitual residence, in particular in relation to: the foreseen right of withdrawal period, the product return period and, in the event of the exercise of this right, the communication modalities and related formalities, as well as the legal conformity guarantees.

For any dispute concerning the application, execution and interpretation of these Terms of Sale, the competent court is set in the place where the User resides or has elected domicile, if the latter is a consumer, as defined by the Consumer Code. To this end, the address indicated by the User in the purchase process coincides with the elected domicile.

The User who resides in a member state of the European Union other than Italy, can also access, for any dispute concerning the application, execution and interpretation of these Terms of Sale, to the European procedure established for disputes of modest entity, governed by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, interests, rights and expenses excluded, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.

Customer Service and Complaints

Each User can request information, assistance or send communications and complaints by contacting

TRACKTING S.r.l.

Via Borgognina, 5

61030 Cartoceto (PU), Italy

support@trackting.com

TRACKTING srl will respond to complaints by e-mail within a maximum of 14 working days.

Last modification: November 18, 2018