Contractual terms and conditions

 

1.General information. This website shop.abtrack.it (hereafter referred to as "the website") is owned by AAB-Tech S.r.l., with headquarters in No. 5, Via Dante - Trieste (TS), Italy, Tax Code 03204840270 and registered with the Trieste Companies Register No. 03204840270, VAT No. 03584140267. The website is dedicated to online delivery by the Supplier (meaning in this case AAB-Tech S.r.l.) to the Customer (meaning in this case the subject, the individual or the legal entity that uses the website) electronic equipment, in compliance - where applicable – with the regulations on the subject of contracts drawn up remotely in pursuit to art. 50, as amended, of the Consumer Code (Leg. Decree No. 206/2005) and the regulations on the subject of e-commerce in pursuit to Leg. Decree No. 70/2003 and, as regards the protection of confidentiality, of the provisions of Leg. Decree No. 196/2003.


2. Applications. Each purchase order that the Customer will forward to the Supplier through the website will be governed by these General Conditions. By placing an order the Customer states of having read, understood and accepted unconditionally these General Conditions. The Supplier reserves the right at any time to modify these General Conditions by posting a new version on the website. The conditions applicable to the individual order are those posted on the website at the time of placing the order. Before any purchase, the Customer must read carefully these conditions, by keeping a paper format or digital copy.


3. Method of conclusion of the contract. The order sent by the Customer through the website must be complete in all its parts. Placing the order shall bind the Customer, but not the Supplier, until the issuance of the order confirmation by the latter of the said order. The order confirmation will be communicated by the Supplier to the Customer through e-mail containing a summary of the purchased products, the related prices, the delivery and the general and special conditions applicable to the individual order thereof. The Supplier reserves the right, at its discretion, to refuse execution of certain orders, that is, not to execute orders already confirmed, particularly in the case of previous outstanding and unpaid invoices or come into knowledge on the existence of conditions that prevent the improvement of the contract (for example, minor age) and have been withheld during registration.


4. Products. By Products are intended the modems, routers, satellite tracking systems and related accessories displayed on the website, and for which purchase is possible through the website thereof. The delivered products may change in graphic design or packaging with respect to those shown on the website, without this causing any liability by the Supplier. The Supplier also reserves the right to change, by deleting or by adding the choice of the products displayed on the website at its sole discretion.


5. Prices. The prices applicable on the ordered Products are those shown on the website on the date the order was placed and shall be deemed to be VAT excluded. In the event of sales to non-resident customers or customers based in the EU or outside the EU, the current tax regulations will apply. Any promotional offers related on the displayed products will be appropriately marked on the website. Shipping costs are not included in the price, which will also be indicated on the website at the time the order is placed and which will obviously vary on the basis of the place of shipment, the weight/size of the package, and finally on the entity of the order. Any promotions related to the shipping costs will be anyhow shown on the website from time to time.

 

6. Payment. Payment must be made when ordering through the PayPal platform with credit card (by choosing among those listed on the website) or directly from the Customer's PayPal account. Payment can be made using only one type of credit card to cover the full amount of the purchase. The data of the credit card will be encrypted during transactions for safety reasons.


7. All confirmed orders of Products by the Supplier will be delivered to the shipping address specified at the time of the order. Unless otherwise specified on the website at the time of confirmation of the order, transportation times - in any case to be considered indicative and in no way essential - are 48 hours in Italy, 72 in Europe, and 96 for the rest of the world. In any case, the above deadlines apply only to the transportation time and shall start from the date of delivery to the carrier of the goods required by the customer. Products ordered could be delivered even with several postponed shipments, where technical and logistical needs make it necessary. Anyhow, the Supplier shall not be held liable for any loss, damage, incorrect or failed delivery caused by events and/or due to force majeure or unforeseeable circumstances, such as, only by way of example but not limited to, natural disasters, adverse weather conditions, possible strikes, accidents to means of transport, etc.


8. Failure to deliver. In the event that the delivery is unsuccessful for reasons attributable to the Customer, the order will be considered cancelled and the Supplier will withhold as penalty the price already paid by the Customer plus the supply costs.

 

9. Right to cancel. The Customer, defined "consumer" in pursuit to article 3, letter a), Consumer Code, Leg. Decree No. 205/2006 (that is, whoever is acting for purposes that can be considered unrelated to the latter’s business) may cancel the drawn up contract through the Site without any penalty and without specifying the reason within 10 working days. The aforementioned right to cancel can be exercised by sending a written notice to the Supplier’s headquarters by registered letter with acknowledgment of receipt within the period referred to above. The notice may be sent, within the same term, even by telegram, electronic mail or fax, provided that it is confirmed by registered letter with acknowledgment of receipt within the next forty-eight hours. The registered letter is intended to be mailed in time if delivered to the acceptor Post Office within such period. Instead of the abovementioned notice, cancellation can also be exercised by returning, within the same aforementioned period, the purchased Products. The 10-day period referred to above shall begin on the date of receipt of the Products by the Consumer. Following cancellation as exercised above, the Consumer undertakes to return the Products to the Supplier at the former’s expense by shipping them to the Supplier’s site within 5 working days from sending the notice of cancellation. The Products must be returned substantially intact. Within thirty days of receipt of the cancellation notice, the Supplier will refund to the Consumer the amount already paid.

 

10. Liability - non-compliant products. The Supplier warrants that the delivered Products are in accordance with the contract and, in particular, comply with the technical specifications indicated on the website and were made in accordance with the current regulations of the industry sector. The Supplier does not warrant in any way the suitability of the Products to meet specific purposes and/or uses for which it remains the sole responsibility of the Customer to ensure the said suitability or compatibility before placing the order: the above even where the Customer forwards/sends to the Supplier drawings and/or documentation inherent to possible uses and/or applications of the Products and the Supplier gives feedback about it. In any case, the Customer undertakes to check the quantity and good state of the merchandise at the time of delivery, by highlighting immediately any irregularities to the carrier and sign under reservation the Delivery Note, in each case, subject to revocation, by informing the Supplier within 8 days from the aforementioned receipt. In the event that the Customer deems that the product does not comply with the contract provisions, or is defective, it must immediately contact the Supplier by sending an e-mail, complete with every reference to: onlinestore@abtrack.it . It will then make arrangements for returning the product in accordance with the procedures set out in the following art. 11. "Returns". The Supplier will proceed to examine the returned Product by communicating by e-mail or telephone within a reasonable time whether it will, or it will not, replace the product, or repair under warranty. In the event that in the contract is applicable the regulations provided for Consumer Protection, the provisions under the Consumer Code will apply. Otherwise, the rules of the Civil Code relating to the sale will only apply. No warranty will work in the case of Products returned to the Supplier, already manipulated or repaired by the Customer or any third party, or in the case of Products for which the Customer has made negligent use.


11. Returns. In the case of alleged failure/non-compliance of the product referred to in article 10, the Customer may return the product by delivering it to a courier at its charge (which in the event of return for non-compliance/failure of the product will then be refunded whenever it is ascertained the existence of the defect and proceed to a warranty claim). The Supplier is not liable for any loss or damage during shipment. It is therefore recommended to warrant the shipment. SHIPMENT WITH COSTS AT THE CHARGE OF THE RECIPIENT WILL NOT BE ACCEPTED without prior consent of the Supplier.


12. Limitation of Liability. With reference to Products purchased on the website, the Supplier's liability will be limited to the amount of the purchase price of the Products thereof. It is understood that, in any case, the Supplier may be liable for further indirect, consecutive damage (including any damage to third parties) related anyhow, directly or indirectly, to the supplied Products.


13. Customs Regulations. In the event of deliveries outside Italy, the Customer will be subject to compliance with the laws and regulations in force in the Country of shipment and possibly also to payment of additional costs for customs clearance fully at its charge and for which, given the diversity of national regulations, it is not possible to know in advance the extent. To this end, the Customer must contact the competent customs on site.


14. Governing Law and competent Court. This contract is governed by Italian law. For any dispute arising in connection with the purchase of Products made ​​through the website, or in connection with the application, interpretation and enforcement of these General Conditions, the Court of Treviso – Italy, shall be referred to exclusively. In the event that the Customer is a "consumer" (in pursuit to article 3, letter a), Leg. Decree No. 205/2006) the competence will be mandatorily of the Court of the place where the consumer has his residence or domicile, if located in Italy.