Name: UPTIVO Srl
Address: Via della Valle 46/B, 20841, Carate Brianza, MB, Italy
Telephone: + 39 03621857437
(hereinafter called “the Seller”)
Field of application
1.2. The Seller reserves the right to change the current GTU at any time. Any amendment of the GTU shall be effective exclusively for all new orders submitted following the publication of the amendment on the Website. Customers should check the GTU posted on the Website before clicking on the “Buy now” button, because they may have changed since the last visit.
1.3. The GTU 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)”.
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, Customers are required to verify the accuracy of the information provided after making any necessary corrections. When the Customer has purchased the product(s) from the Website, the Seller sends an email confirmation (“Order Confirmation”) to confirm the order details. When the Seller ships the product(s), the Seller sends an email ("Delivery Confirmation") to confirm shipping and tracking information. If the product(s) ordered are shipped in several lots, the Seller can send a separate Delivery Confirmation for each delivery batch.
2.2. If needed, the Customer shall require a fiscal invoice when placing the order, or no later than 2 working days after purchasing the product(s), specifying the number of the order and the Customer’s name. The request of a fiscal invoice shall be submitted by e-mail to the address email@example.com.
2.3. The price of the product(s) will be automatically charged when the Customer has purchased the product(s) from the Seller’s Website, before being dispatched.
2.4. The Seller reserves the right to change the assortment of products displayed on the Website at any time.
Prices and payment conditions
3.1. The products price on sale on the Website are inclusive of VAT and all other applicable sales taxes in the Seller’s and Costumer’s country(s).
3.2. The Seller reserves the right to modify the products price 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.
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 times (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.
4.3. Delivery shall be made only to persons of legal age, but the Customer acknowledges that any person at the delivery address shall be authorized to take delivery.
4.4. 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 product(s) re-delivered at a new delivery time and/or 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.
Customers in the European Union
5.1. The Customer has the right to withdraw from the sale contract within 14 (fourteen) calendar days after receiving the product(s) 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 product(s). 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 mandatory. 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 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 the sale 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 product(s) back or the Customer has supplied evidence of having sent back the product(s), whichever is earlier.
5.3. The Customer shall send back the product(s) 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 the sale contract to the Seller. The deadline is met if the Customer sends back the product(s) 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.
5.5. The Customer shall be responsible for any diminished value of the product(s) due to handling that is different from that necessary to its nature, its characteristics and its functioning.
5.6. Unless the Seller, after receiving notice of the exercise of the right of withdrawal, has offered to pick up the product(s) itself, the risks of damage or loss of the product(s) 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 in the same order.
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 that are unsealed after delivery.
Characteristics of products
The Seller has undertaken reasonable efforts to ensure that the images of the products displayed on the Website,in the advertising material, and in all the post sale communications are faithful reproductions of the physical products. Despite the adoption of technical solutions to minimize inaccuracies, however, there may be some discrepancies (e.g. color 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.
Conformity of products
7.1. Upon receiving the products, the Customer should check that they correspond to the items ordered, and their conformity with the contract. Before using the product(s), 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 email address firstname.lastname@example.org with a description of the non-conformity, within a reasonable time or the time limit provided by the applicable law, if any.
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, soft strap covered for 3 (three) months
- Uptivo Armband: sensor covered for 24 (twenty four) months, soft strap covered for 3 (three) months
- Uptivo Lightband: sensor covered for 24 (twenty four) months, soft strap covered for 3 (three) months
- Uptivo charging cable: cable covered for 24 (twenty four) months
9.1 To report damages or defects, and to get instructions for returning the product(s), Customers shall contact the Seller at the email address email@example.com. Shipping a damaged or defective product(s) 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 damages. A damaged product(s) may be then replaced with a new or reconditioned device(s), or may be repaired at the Seller’s discretion, provided that the chosen remedy is not impossible or extremely burdensome for the Seller. In order to restore the conformity of the damage or the defective product(s), when provided by the applicable law, the Customer can also require a reduction of the price or the contract termination.
9.2 Only if the damaged or defective heart rate monitor(s) has been delivered to the Costumer less than twelve months ago, the standard expenses borne by the Customer to return the damaged or defective product(s) will be refunded by the Seller. In any case, though, the Seller will refund express shipping costs borne by the Customer to return the product(s).
Limitation of liability
The limited warranty does not cover:
- defects or damages resulting from an 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 damages 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 damages 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
Privacy and data protection
These GTU are governed by the laws of Italy without prejudice to the protection afforded to the Customer by mandatory applicable law.
For sales to Costumers 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 GTU, 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 Costumers 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 GTU, the Courts of Italy shall have exclusive jurisdiction.
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),