Terms of service
The general conditions define and regulate the use of the website www.getjampy.com (hereinafter, the "Site") and the sale of the products offered on the Website by JAMPY Srl (hereinafter, the "Product" and/or "Products "), registered office in Milan (MI), via Luigi Varanini 29D, C.F./P.IVA12254820967 (hereinafter, the "Company" or "JAMPY") to the customer (hereinafter, the "Customer").
The Customer unreservedly accepts the following general conditions of use and sale (hereinafter, the "General Conditions") when using the Site and/or purchasing JAMPY Products.
If you authorize us or through the use of cookies, JAMPY could store authentication data or data relating to payment methods, which you can cancel at any time and will only be used for the purpose of executing the contract.
Article 1: Purchase procedure
JAMPY offers the Customer the opportunity to purchase the Products directly from the "Shop" section of the Site (hereinafter, the "Shop"). The Customer can only purchase the Products present in the online catalog of the Shop, as described in the relative information sheets.
1.1 Purchase of Products and "pre-order" Products
The Customer can view all the Products available for purchase in the Shop, select the Products of his interest and add them to the cart (hereinafter, the "Cart"). In the Shopping Cart, the Customer can check:
- the selected Products;
- the price of the Products, the shipping cost, and the total cost of the shopping;
- add or remove the selected Products by clicking on the relative symbols;
The Customer is informed of the availability of the Product at the time of purchase.
Products that are not immediately available are marked with the wording "Pre-order".
Pre-order Products can be purchased by the Customer; in this case, the Customer acknowledges and accepts that these Products may be delivered with different times from the ordinary ones and, in any case, within four weeks from the date on which the Product is made available for purchase on the Site.
1.2. Purchase order
After selecting the Products, the Customer, following the instructions provided by the Site, proceeds to:
- enter personal data and data for the shipment of the Product (hereinafter, the "Customer Data");
- select one of the order payment methods accepted by JAMPY;
- confirm the data entered and send the order to JAMPY (hereinafter, the "Order").
1.3 Summary of the Order
Having carried out the procedure referred to in par. 1.1.2. above, the Customer can view the reference web page and verify the correctness of the data in the Order summary, the Product price and the shipping costs (hereinafter, the "Order Summary").
In the event that the Customer finds an error, he is required to immediately notify JAMPY, in the forms provided for by art. 14 which follows.
1.4 Acceptance of the Order
The Order will be received by JAMPY only if the entire purchase procedure has been completed correctly and regularly, without the Site showing any error messages.
Acceptance by JAMPY of the purchase order for the Product is considered verified when the Order reaches the JAMPY server and determines the charge of the amount of the purchase (also including shipping costs) using the selected payment instrument by the Client.
1.5 Confirmation of acceptance
Correct receipt of the Order will be confirmed by JAMPY by means of an Order summary e-mail, sent to the e-mail address indicated by the Customer at the time of purchase (hereinafter, the "Summary E-mail"). The Summary Email indicates:
- Customer Data;
- the selected Product or Products and their essential characteristics
- the final price, inclusive of VAT on shipping and delivery costs.
The Customer must verify the correctness of the data contained in the Summary Email and promptly notify JAMPY of any errors or inaccuracies, according to the methods described in these General Conditions.
1.6 Communication for non-acceptance of incomplete, inaccurate Orders or for unsuccessful payment
Non-acceptance of the Order due to an error in the procedure and/or in the execution of the payment will be communicated by JAMPY by e-mail sent to the address indicated by the Customer.
1.7 Tracking Numbers
JAMPY - or the carrier chosen by the Customer - will proceed to send the shipment identification number (the so-called "Tracking Number") to the Customer's e-mail address, with which the Customer can check the status of the shipment in the ways and forms provided from the carrier.
Article 2: Prices
2.1 Each Product is sold at the price, inclusive of VAT, indicated in the Shop at the time the Customer confirms the Order (hereinafter, the "Price").
2.2 The costs for shipping the Product are charged to the Customer and are indicated before confirming the Order, in the "order summary" section (hereinafter, the "Shipping Costs").
Article 3: Invoice
3.1 For each accepted Order, JAMPY, at the request of the Customer, issues an invoice and sends it by e-mail to the holder of the Order (hereinafter, the "Invoice").
3.2 The data and information provided by the Customer at the time of the order will be used to issue the Invoice.
3.3 After the issue, no changes to the data and information included in the Invoice are allowed.
Article 4: Shipping and delivery
4.1 The shipment and delivery of the Products is intended for the territory of the Member States of the European Union.
4.2 The shipment of the Products will be made to the address indicated by the Customer. It is understood that the Customer exonerates JAMPY from now on from any liability connected to an incorrect delivery in the case of indication of incorrect data.
4.3 For the shipment and delivery of the Products, JAMPY makes use of third party companies. JAMPY declines all responsibility for any delays attributable to the carrier in delivering the Product to the Customer.
4.4 The Customer's notification regarding the non-delivery by the carrier of all or part of an Order must be made no later than 10 (ten) days from the date of execution of the relative Order.
4.5 Under no circumstances can JAMPY be held responsible for any loss, damage, incorrect or non-delivery of the Product to the Customer, caused by events or causes of force majeure or unforeseeable circumstances, such as, by way of example only: natural disasters, epidemiological risks, adverse weather conditions (such as heavy snowfalls), any strikes (of its own or of other employees), accidents to means of transport, explosions, or any other cause, similar or different.
Article 5: Methods of payment
5.1 To proceed with the purchase of the Product, the Customer must select one of the following payment methods accepted by JAMPY:
- credit card, from one of the circuits accepted by JAMPY and indicated on the Site;
Pay Pal.
5.2 The information relating to the Customer's credit card is transmitted, via secure connection, directly to the Customer's bank or credit institution, which manages the transaction. Therefore, JAMPY will not keep such data in its computer archive.
5.3 Without prejudice to the foregoing, in the context of the fight against internet fraud, information regarding the Order may be transmitted to third parties authorized by law or designated by JAMPY for the sole purpose of verifying the identity of the customer, the validity of the Order , the payment method used and the place of delivery.
5.4 JAMPY also reserves the right to request a photocopy of the Customer's identity card for each payment made by credit card, and/or any other information relating to the Customer's identity that is necessary for identification of the same and verification of his age, in order to guarantee the security and correctness of the transactions carried out through the Site.
Article 6: Right of withdrawal
6.1 Pursuant to articles 52 et seq. of Legislative Decree no. 206/2005 (hereinafter, "Consumer Code"), the Customer who covers the quality of consumer has the right to withdraw from the contract for the purchase of the Products without having to provide any reason and without paying any penalty (hereinafter, "Withdrawal "), subject to compliance with the conditions listed below.
6.2 The right of withdrawal expires after 14 (fourteen) days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, receives and acquires physical possession of the Product.
6.3 To exercise the right of withdrawal, the Customer must send JAMPY a written communication containing an indication of the decision to withdraw, within the terms set out in art. 6.2 above. This communication must be sent by e-mail to hello@getjampy.com
6.4 Once the Withdrawal notice has been received, JAMPY will provide the Customer with instructions on how to return the Product by e-mail.
6.5 The Customer must arrange to ship, using a carrier of his choice, within 14 (fourteen) days from the date of receipt of the communication pursuant to art. 6.4 above, the Products purchased at the address indicated in the e-mail sent by JAMPY.
6.6 It is understood that pursuant to article 57, paragraph I, of the Consumer Code, the costs and risks associated with returning the Products are the responsibility of the Customer.
6.7 Without prejudice to the foregoing, the right of withdrawal is subject to the following conditions:
- the Product must be returned intact, in its entirety and completeness, suitably packed in the original packaging and equipped with any accessories;
- the affixing of labels or adhesive tapes directly on the original product package must be avoided;
- the shipping costs relating to the return of the Product are entirely borne by the Customer.
6.8 The Customer forfeits the right of withdrawal in the event that the conditions set forth in art. 6.7 above.
6.9 The right of withdrawal is excluded, pursuant to article 59 lett. c) and lett. e) of the Consumer Code, in the case of made-to-measure and personalized goods and sealed goods that do not lend themselves to being returned for hygienic or health protection reasons. Therefore, JAMPY reserves the right not to refund the Products, if the sticker affixed to the package containing the Product appears to have been opened and/or tampered with in any way, or the Product appears to have been used in any way, in order to guarantee protection of the health and hygiene of its customers.
6.10. Without prejudice to the provisions of art. 6.9 above, JAMPY will refund and re-credit to the Customer the Price paid, excluding Shipping Costs, within 14 days of receipt of the returned Product.
Article 7: Warranty and return of the Product
7.1 All Products sold by JAMPY are subject to the 24-month legal guarantee for lack of conformity (hereinafter, the "Warranty").
7.2 The Warranty applies to Products that present a lack of conformity, provided that the Product itself is used correctly, in compliance with its intended use and with the provisions of the User Manual (as defined below) of the Product.
7.3 To use the Guarantee, the Customer must:
- keep the Summary Email and/or, where required, the Invoice;
- submit a request to JAMPY within 2 months of discovering the defect, by e-mail sent in the ways and forms provided for by art. 14 which follows.
7.4 Once the request has been received, JAMPY will send the Customer an email containing:
- request for confirmation that the Customer intends to use the Guarantee;
- indication of how to return the Product.
7.5 Having received the indication pursuant to art. 7.4 point (ii) above, the Customer shall return the Product to JAMPY; in this case, the costs for the redelivery are borne by JAMPY.
7.6 In the event of an ascertained lack of conformity, JAMPY will arrange, at no cost to the Customer, to restore the conformity of the Product by means of repair or replacement.
7.7 In the event that, for any reason, it is not possible to repair or replace the Product under Warranty, JAMPY may, at the request of the Customer:
- proceed with the refund of the Price;
- to replacement with another Product.
7.8 In the event that JAMPY does not find the lack of conformity of the Product and/or the Product is not subject to the Warranty, upon notification to the Customer, JAMPY may proceed to charge the Customer for any verification and recovery costs, as well as shipping costs , if endorsed by JAMPY.
7.9 The Guarantee does not apply in case of:
- aesthetic deterioration, caused by wear and tear and use of the product;
- incorrect, improper and/or contrary use to those indicated in the User Manual;
- alteration, repair, tampering with the Product.
Article 8: Product User Manual and methods of use
8.1 The Product must be used by the Customer exclusively according to the instructions, methods of use and warnings contained in the Product user manual (hereinafter, the "User Manual").
8.2 JAMPY cannot be held responsible for each and every damage deriving from the incorrect, improper or inappropriate use of the Product by the Customer.
8.3 The User Manual is available and can be freely consulted on the Site on the Shop page dedicated to each product.
Article 9: Statements by the Client
9.1 The Customer declares and guarantees:
- that I have read and understood the General Conditions;
- you are of legal age under your local jurisdiction and are capable of performing and entering into legally binding contracts;
- to use the Product in the manner and with the precautions indicated in the User Manual;
- to play the role of consumer and, pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, it should be remembered that a consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
- to refrain from reproducing, duplicating, copying, selling, reselling and in any case exploiting the Site for commercial purposes, as well as from reproducing or using in any way the brands and logos of JAMPY, including among other things on the Site;
- not to publish or use false, libelous or defamatory data;
- to refrain from any form of use, direct and/or indirect, of the Products and of the Site, contrary to the law or not compliant with the provisions of these General Conditions and/or of the Site;
- to refrain from entering any obscene, offensive, violent, defamatory, harmful to personal dignity, blasphemous and which, in particular, does not contain: racist statements or statements praising the inferiority or superiority of a race, people or culture with respect to others or with respect to minorities, apologies for crimes against humanity; incitement to hatred or violence; sexually explicit, pornographic or child pornography content; threats or harassment; information or messages that educate about illegal activities, lead to illegal activities or that may cause injury to third parties; incitement to dangerous behavior and risk of emulation by minors or the use of drugs or the abuse of animals; messages, even hidden, of a promotional and/or advertising nature; images not suitable for children under 18;
- not to spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar computer threats;
- not to use software or other automatic or manual mechanisms to copy or access the pages of the Site or their content.
9.2 JAMPY declines all responsibility and the Customer waives holding JAMPY responsible for each and every damage deriving from the non-compliant use of the Product and/or from the violation of the obligations pursuant to art. 9.1 above.
Article 10: Privacy and Confidentiality
10.1 Privacy
JAMPY respects and protects the privacy of its customers by adopting all appropriate and necessary measures to protect personal data.
The privacy policy can be consulted here. For more information, the Customer can write to hello@getjampy.com.
10.2 Customer Confidentiality
JAMPY respects and protects the privacy of its customers. Therefore, the Product will be shipped to the Customer in a suitable package to guarantee its confidentiality.
Article 11: Modifications
11.1 JAMPY reserves the right to modify, update or correct, at any time, these General Conditions (hereinafter, the "Modifications").
11.2 The Modifications will be immediately valid and effective from the day of publication on the Site and are understood to be automatically accepted by the Customer.
The Customer acknowledges and accepts that it will be his responsibility to periodically check the page of the Site which contains the General Conditions in order to verify the presence of any Changes.
Article 12: Miscellaneous
12.1 Any partial or total nullity of one or more clauses of the General Conditions does not affect the validity of the other agreements; in the event that the nullity of one or more clauses should be declared, the same will be integrated by the legal provisions provided for by the Consumer Code.
12.2 The Customer may not assign to third parties, either in whole or in part, the rights and obligations deriving from these General Conditions.
12.3 Except for the provisions of art. 33 letter h) of the Consumer Code, the Customer provides as of now, pursuant to art. 1407 of the Civil Code, your consent so that JAMPY can assign to third parties, in whole or in part, the rights and obligations deriving from these General Conditions.
Art. 13: Suspension/termination
13.1 The Customer acknowledges and accepts that, in the event of a violation by the Customer of the law, of third party rights or of these General Conditions, JAMPY may, at its complete discretion, close the Customer's account, prevent access to the Website and/or or take any other action useful to protect the current or potential rights and interests of JAMPY.
13.2 Without prejudice to the provisions of art. 13.1 above, JAMPY reserves the right to refuse or cancel Orders that come (i) from a Customer with whom it has an ongoing legal dispute; (ii) by a Customer who has previously violated these General Conditions (iii) by a Customer who has been involved in fraud of any kind and, in particular, in fraud relating to payments by credit card; (iv) from Customers who have released false, incomplete or otherwise inaccurate identification data.
13.3 Access to the Site may also be temporarily suspended in the event of technical problems or to ensure its maintenance. Such interruptions will be promptly communicated on the Site. JAMPY may make improvements and/or changes to the Site at any time if this is necessary for technical reasons or for compliance with current legislation.
Article 14: Communications and Complaints
All complaints and communications between the Customer and JAMPY, also relating to and/or dependent on these General Conditions, must be made exclusively by e-mail to the following addresses:
- for JAMPY, email: hello@getjampy.com
- for the Customer: e-mail: to the e-mail address used to check out on the Site.
Article 15: Applicable law and competent court
15.1 The General Conditions are fully governed by Italian law.
15.2 For anything not expressly provided for by the General Conditions, please refer to the provisions of the Civil Code, as far as compatible and applicable.
15.3 Without prejudice to the provisions of the Consumer Code for the protection of consumers and the Code of Civil Procedure on the competent Court (so-called "Consumer Court"), in the event of a dispute deriving from the interpretation, validity and execution of these General Conditions, or dependent and/or connected disputes, the Court of Milan has exclusive jurisdiction.