Terms of Use

Name: UPTIVO Srl

Address: Via della Valle 46/B, 20841, Carate Brianza, MB, Italy

E-mail: ecommerce@uptivo.fit

Telephone: + 39 03621857437

(hereinafter called “the Seller”)

 

 

Article 1

Field of application

1.1.  These General Terms of Use (hereinafter the “GTF”) are intended to be applied to all sales of the products displayed via the Website wwwhttps://shop.uptivo.fit (hereinafter the “Website”).

1.2.  The Seller reserves the right to change the current GTF at any time. Any amendment of the GTF shall be effective exclusively for all new orders submitted following the publication of the amendment on the Website. Customers should check the GTF posted on the Website before clicking on the “Buy now” button—they may have changed since the last visit.

1.3.  The GTF may be printed, downloaded, and/or stored by customers.

1.4.  The Website is intended for sales to consumers being of legal age in their state or province of residence, acting for purposes which are outside their trade, business, craft or profession (hereinafter “the Customer(s)”. 

 

Article 2

Purchase procedure and conclusion of contract / Order and acceptance

2.1.  Customers choose products by clicking on their respective images. The chosen products will be included in the shopping cart, after which Customers can place their orders by filling out the order form. Prior to submitting an order a Customer is required to verify the accuracy of the information provided after making any necessary corrections. When the Customer has purchased the product(s) from the Seller’s Website, the Seller sends an email confirmation (“Order Confirmation”) to confirm the order and the details. When the Seller ships the product(s), the Seller sends an email ("Delivery Confirmation") to confirm shipping and tracking information. If the products ordered are shipped in several lots, the Seller can send a separate Delivery Confirmation for each delivery batch.

2.2.  The price of the products will be automatically charged when the Customer has purchased the product(s) from the Seller’s Website, before being dispatched.

2.3.  The Seller reserves the right to change the assortment of products displayed on the Website at any time.

2.4.  The Seller reserves the right to cancel a sale contract with any Customer with whom litigation is pending, or who is or has been in breach of the Seller’s General Terms of Use in the course of a previous purchase.

 

Article 3

Prices and payment conditions

3.1.  The prices of the products on sale on the Website are inclusive of VAT and other applicable sales taxes in the Seller’s - Costumer’s country.

3.2.  The Seller reserves the right to modify the prices of products displayed on the Website, or to correct any errors or inaccuracies, at any time.

3.3.  Means of payment accepted by the Seller are indicated at the beginning of the ordering process.

 

Article 4

Delivery

4.1.  The products sold through the Website can be delivered only to the countries listed at the beginning of the ordering process. Orders to be delivered in countries other than the listed ones shall not be accepted.

4.2.  The products shall be delivered to the address indicated in the order with standard delivery (24 - 72 hours). Anyway, the Seller won’t be held responsible for any delay or failure to comply with his obligations, if these arise out of any event or circumstance beyond his control. Delivery shall be made only to persons of legal age. The Customer acknowledges that any person at the delivery address shall be authorised to take delivery.

4.3.  In the event the Seller has indicated a delivery time and delivery is not possible for reasons attributable to the Customer, the Customer may be charged a fee to have the products re-delivered at a new delivery time/date, as arranged by the Seller and the Customer.

4.4. If the Seller is unable to contact the Customer after making reasonable attempts to arrange delivery, the Seller may notify the Customer of a 30-calendar-day notice period within which delivery will be attempted. Subject to the right to cancel the purchase according to Article 5, below, if the Customer fails to take delivery within the notice period the Seller may terminate the sale contract and may charge the Customer the costs of delivery and claim additional damages, if any.

 

Article 5

Customers in the European Union

Return right

5.1. The Customer has the right to withdraw from this contract within 14 (fourteen) calendar days after receiving the products without giving any reason, subject to the exceptions listed in Article 5.7. The withdrawal period will expire after 14 (fourteen) calendar days from the day on which the Customer, or a third party—other than the carrier—which has been indicated by the Customer, acquires physical possession of the products. To exercise the right of withdrawal, the Customer must give notice to the Seller of its decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The Customer may fill in and submit the model return form indicated in Annex 1, but it is not obligatory; the Customer may alternatively submit any other unequivocal statement of its withdrawal from this contract electronically on the Seller’s Website or otherwise. If the Customer exercises this withdrawal option, the Seller will communicate to the Customer an acknowledgement of receipt of such a withdrawal in a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

5.2.  If the Customer withdraws from this contract, the Seller shall reimburse the Customer for all payments received, including the costs of delivery, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which the Seller is informed of the Customer’s decision to withdraw from this contract. The Seller will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until it has received the products back or the Customer has supplied evidence of having sent back the products, whichever is earlier.

5.3.  The Customer shall send back the products or hand them over to the Seller without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which the Customer communicates its withdrawal from this contract to the Seller. The deadline is met if the Customer sends back the products before the period of 14 (fourteen) calendar days has expired. The Customer will have to bear the direct costs of returning the products.

5.4.  The Customer must return the products in their original state and with the packaging in which they were delivered together with any accessories or instruction manuals. Labels must not be removed. The Customer shall be responsible for any diminished value of the products resulting from the handling other than that necessary to establish the nature,

5.5.  Unless the Seller, after receiving notice of the exercise of the right of withdrawal, has offered to pick up the products itself, the risks of damage to or loss of the products during their return is borne by the Customer.

5.6.  Where the sale contract concerns multiple products, the exercise of the right of withdrawal may apply to one or more products purchased.

5.7. The Customer shall not be entitled to return products falling within the category of products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

 

Article 6

Characteristics of products

The Seller has undertaken reasonable efforts to ensure that the images of the products on the Website are faithful reproductions of the physical products. Despite the adoption of technical solutions to minimise inaccuracies, however, there may be some discrepancies (e.g. colour resolution) between the images and the products due to technical limitations. The Seller shall not be liable for any inadequacy of the graphic representation of the Seller’s products displayed on the Website arising from such technical limitations.

 

Article 7

Conformity of products

7.1. Upon receipt of the products the Customer should check that they correspond to the items ordered and their conformity with the contract. Before using the product, the Customer must carefully read all the instructions, warnings and other materials that may accompany the products.

7.2. Any complaint for non-conformity must be communicated to the Seller to the following address: support@uptivo.fit with a description of the non-conformity, as soon as possible and, in any case, within a reasonable time or the time limit provided for by applicable law, if any. 

 

Article  8

Damaged or defective products

The Seller limited warranty covers any defects in material or workmanship under normal use during the warranty period, as specified below:

  • Uptivo Belt: sensor covered for 24 (twenty four) months, Uptivo soft strap covered for 3 (three) months
  • Uptivo Armband: sensor covered for 24 (twenty four) months, Uptivo soft strap covered for 3 (three) months
  • Uptivo Lightband: sensor covered for 24 (twenty four) months, Uptivo soft strap covered for 3 (three) months
  • Uptivo charging cable: cable covered for 24 (twenty four) months

 

Article 9

Liability

To report damages or defects, and to get instructions for returning the product(s), customers shall contact the Seller at the following email address: support@uptivo.fit. Shipping a damaged or defective product to the Seller does not involve a free-of-charge repair under the Warranty policy. Once receive the product(s), the Seller reserves the right to verify the Warranty validity, actual defects or damage. Damaged Products may be then replaced with new or reconditioned articles, or may be repaired at the Seller’s discretion.

 

Article 10

Limitation of liability

The limited warranty does not cover:

  • defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress
  • defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by the Seller
  • products that have the serial number removed, defaced, damaged, altered or made illegible
  • ordinary wear and tear
  • marginal defects that have a negligible effect on the product value or functionality
  • defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, or improper use of any electrical source

 

Article 11

Privacy and data protection

With regard to data processed in connection with Customer orders, Seller’s privacy and data protection notice is applicable and is available in the Privacy Policy section of this Website.

 

Article 12

Applicable law

These General Conditions of Sale are governed by the laws of Italy without prejudice to the protection afforded to the Customer by mandatory applicable law.

 

Article 13

Dispute resolution

For sales to consumers residing in the European Union:

13.1.  A European Platform for Online Dispute resolution is provided for extrajudicial consumer disputes (ODR platform). The ODR platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

13.2.  In case of disputes that may arise in relation to the current GCS the Courts of the Member State where the Customer has its domicile shall be competent, or, at the choice of the Customer, the Courts of the Member State where the Seller is domiciled shall be competent.

13.3. However, if the Seller does not direct its business to the Member State of the Customer’s domicile, the Courts of Italy shall have exclusive jurisdiction.

For sales to consumers not residing in the European Union, to be checked against applicable law:

13.4. In case of disputes that may arise in relation to the current GCS the Courts of Italy shall have exclusive jurisdiction.

     

Article 14

Non-Waiver

Failure by the Seller to solicit compliance by the Customer with the terms provided in the current GCS or any delay by the Seller in taking steps to enforce its rights, shall not be considered as a waiver by the Seller of any such rights or as a tacit amendment of the terms of the GCS and shall not prevent the Seller from enforcing any such rights at a later stage.

 

 

 

ANNEX I

To [Customer’s name, geographical address and, where available, fax number and e-mail address are to be inserted by the Customer]:

I ............... hereby give notice that I ............... withdraw from my ............... contract of sale of the following products, 

Ordered on / received on, 

Name of Customer(s), 

Address of Customer(s), 

Signature of Customer(s) (only if this form is notified on paper), 

Date 


All returns should be sent to the following address

UPTIVO SRL, Via della Valle 46/B, 20841, Carate Brianza, MB, Italy