General conditions in force from 01.08.2022
The general conditions define and govern the use of the website www.getjampy.com (hereinafter, the "Site") and the sale of the products offered on the Site by JAMPY Srl (hereinafter, the "Product" and / or "Products "), Registered office in Milan (MI), via Luigi Varanini 29D, tax code / VAT number 12254820967 (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.
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 relevant information sheets.
1.1 Purchase of Products and Products in "pre-order"
The Customer can view all the Products available for purchase in the Shop, select the Products of interest to him 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 delete 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 words "Pre-order".
Pre-order Products can be purchased by the Customer; in this case, the Customer acknowledges and accepts that such Products may be delivered with different timing 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 payment methods for the order, accepted by JAMPY;
-confirm the data entered and send the order to JAMPY (hereinafter, "Order").
1.3 Summary of the Order
Once the procedure referred to in par. 1.1.2. above, the Customer will be able to view on the reference web page and verify the correctness of the data in the summary of the Order, the price of the Product 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 below.
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 message.
The acceptance by JAMPY of the purchase order of the Product is considered verified when the Order reaches the JAMPY server and determines the debit of the amount of the expense (also including shipping costs) through the selected payment instrument. by the Customer.
1.5 Confirmation of acceptance
Correct receipt of the Order will be confirmed by JAMPY by means of an e-mail summary of the Order, sent to the e-mail address indicated by the Customer at the time of purchase (hereinafter, "Summary E-mail"). In the Summary E-mail are indicated:
- Customer Data;
- the Product or Products selected and their essential characteristics
- the final price, including VAT for 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, in the manner described in these General Conditions.
1.6 Notification for non-acceptance of incomplete or inaccurate Orders or for unsuccessful payment
The 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 Number
JAMPY - or the carrier chosen by the Customer - will proceed to transmit 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 Order is confirmed by the Customer (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 variation of the data and information entered in the Invoice is 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 Products will be shipped to the address indicated by the Customer. It is understood that the Customer exempts JAMPY from any liability related to incorrect delivery in the event of incorrect data being indicated.
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 the delivery of the Product to the Customer.
4.4 The Customer's report regarding the carrier's failure to deliver all or part of an Order must be made no later than 10 (ten) days from the date of execution of the relevant 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 and indicative: natural disasters, epidemiological risks, adverse weather conditions (such as intense snowfalls), possible strikes (by one's own or other employees), accidents to means of transport, explosions, or any other similar or different cause.
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, of one of the circuits admitted by JAMPY and indicated on the Site;
- Pay Pal.
5.2 The information relating to the Customer's credit card is transmitted, via a secure connection, directly to the Customer's bank or credit institution, which manages the transaction. Therefore, JAMPY will not keep such data in its IT archive.
5.3 Without prejudice to the foregoing, in the context of the fight against internet fraud, the 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 method of payment used and the place of delivery.
5.4 JAMPY also reserves the right to request a photocopy of the Customer's identity card for any payment made by credit card, and / or any other information relating to the Customer's identity that is necessary for identifying the same and verifying the his age, in order to guarantee the safety and correctness of 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 plays the role of consumer has the right to withdraw from the purchase contract of the Products without having to provide any reasons 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 email@example.com
6.4 Once the Withdrawal communication has been received, JAMPY will provide the Customer with instructions on how to return the Product by e-mail.
6.5 The Customer must ship, using a carrier of his choice, within 14 (fourteen) days from the date of receipt of the communication referred to in 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 the return of the Products are charged to 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 accompanied by any accessories;
- the affixing of labels or adhesive tapes directly on the original packaging of the Product must be avoided;
- the shipping costs relating to the return of the Product are entirely borne by the Customer.
6.8 The Customer loses the right of withdrawal in the event that the conditions set out 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 tailor-made and personalized goods and sealed goods that are not suitable to be returned for hygienic reasons or related to health protection. Therefore, JAMPY reserves the right not to reimburse the Products, if the stamp affixed to the package containing the Product appears to have been opened and / or tampered with in any way, or the Product has been used in any way, in order to guarantee the 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 the Customer the Price paid, excluding Shipping Costs, within 14 days of receipt of the returned Product.
Article 7: Warranty and Product Return
7.1 All Products sold by JAMPY are subject to the legal guarantee of 24 months for lack of conformity (hereinafter, the "Guarantee").
7.2 The Warranty applies to the Product that has a lack of conformity, provided that the Product itself is used correctly, in compliance with its intended use and 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, if required, the Invoice;
- submit a request to JAMPY within 2 months from the discovery of the defect, by e-mail sent in the manner and in the forms provided for by art. 14 below.
7.4 Upon receipt of the request, JAMPY will send the Customer an E-mail containing:
- request for confirmation on the fact that the Customer intends to take advantage of the Guarantee;
- indication of how to return the Product.
7.5 Having received the indication referred to in art. 7.4 point (ii) above, the Customer returns the Product to JAMPY; in this case, the costs for the return are borne by JAMPY.
7.6 In the event of an ascertained lack of conformity, JAMPY will, at no cost to the Customer, restore the conformity of the Product by 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, after notifying the Customer, JAMPY may proceed to charge the Customer for any verification and restoration costs, as well as shipping costs. , if supported by JAMPY.
7.9 The Warranty does not apply in the event of:
- aesthetic deterioration, caused by wear and use of the product;
- incorrect, improper and / or contrary uses to those indicated in the User Manual;
- alteration, repair, tampering with the Product.
Article 8: Product User Manual and instructions for use
8.1 The Product must be used by the Customer exclusively in accordance with 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 resulting from the incorrect, improper or inappropriate use of the Product by the Customer.
8.3 The User Manual is available and freely consultable on the Site in the Shop page dedicated to each product.
Article 9: Customer declarations
9.1 The Customer declares and guarantees:
- that I have read and understood the General Conditions;
- to be of age according to his local jurisdiction and to be able to act and sign legally binding contracts;
- to use the Product in the manner and with the precautions indicated in the User Manual;
- to assume the quality of consumers and, pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is recalled that the 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 trademarks and logos of JAMPY, including 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 the Site, contrary to the law or not in compliance with the provisions of these General Conditions and / or the Site;
- to refrain from posting on the Site any content that is obscene, offensive, violent, defamatory, harmful to personal dignity, blasphemous and which, in particular, does not contain: racist statements or praising the inferiority or superiority of a race, people or culture with respect to others or to minorities, apologies for crimes against humanity; incitement to hatred or violence; sexually explicit, pornographic or child pornographic content; threats or harassment; information or messages that instruct on illegal activities, induce illegal activities or that may cause harm to third parties; incitement to dangerous behavior and risk of emulation by minors or the use of drugs or the mistreatment of animals; messages, including hidden messages, 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 renounces to hold JAMPY responsible for each and every damage deriving from the non-compliant use of the Product and / or from the violation of the obligations referred to in art. 9.1 above.
Article 10: Privacy and Confidentiality
JAMPY respects and protects the privacy of its customers by adopting all appropriate and necessary measures to protect personal data.
10.2 Customer Confidentiality
JAMPY respects and protects the confidentiality of its customers. Therefore, the Product will be shipped to the Customer in a suitable package to guarantee its confidentiality.
Article 11: Amendments
11.1 JAMPY reserves the right to modify, update or rectify, at any time, these General Conditions (hereinafter, the "Amendments").
11.2 The Amendments 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 / her responsibility to periodically check the page of the Site that contains the General Conditions in order to check for 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 one or more clauses are declared null and void, they will be supplemented by the provisions of the law provided for by the Consumer Code.
12.2 The Customer may not transfer to third parties, either in whole or in part, the rights and obligations arising from these General Conditions.
12.3 Without prejudice to the provisions of art. 33 letter h) of the Consumer Code, the Customer pays as of now, pursuant to art. 1407 cc, its consent so that JAMPY can transfer to third parties, in whole or in part, the rights and obligations arising 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 the rights of third parties or of these General Conditions, JAMPY may at its complete discretion close the Customer's account, prevent access to the Site and / or take any other action to protect JAMPY's current or potential rights and interests.
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 credit card payments; (iv) from Customers who have released false, incomplete or in any case 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 notified on the Site. At any time JAMPY may make improvements and / or changes to the Site 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, including related and / or dependent on these General Conditions, must be made exclusively by e-mail to the following addresses:
- for JAMPY, email: firstname.lastname@example.org
- for the Customer: e-mail: 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 regulated by Italian law.
15.2 For anything not expressly provided for by the General Conditions, reference should be made to the rules 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 arising from the interpretation, validity and execution of these General Conditions, or of dependent and / or related disputes, the Court of Milan has exclusive jurisdiction.