General conditions of Sale

Premise

These General Conditions of Sale regulate the contractual report following the acceptance by Tracksidelab, with registered office in the industrial area - 83025 Misciano (AV) - Italy, tel. +39 373.7990342, P. IVA 05927061217, manager of the e-commerce site www.youbrand.shopping (hereinafter "Manager"), of the customer's proposal/order order and replace any other agreement that may be reached between the parties, except as much as possibly agreed in writing and with express reference to these general conditions of sale, derogating from its content.

These General Conditions of Sale are updated in September 2020. The manager reserves the right to modify, from time to time, at its own exclusive discretion, these conditions. The most updated version of the same will in any case be published on the website www.tracksidelab.com. The customer is therefore required to verify the general conditions of sale in force at the time of sending the proposal/purchase order, therefore applicable to the contract with the manager in the event of acceptance of the proposal/purchase order.

All the descriptions and illustrations contained in the portal www.tracksidelab.com or in other commercial documentation have the sole purpose of providing the customer a general idea of ​​the products or items and will not constitute part of the contract between the manager and the customer. These general conditions of sale do not apply to exports of products or items outside the Italian territory, for which different contractual conditions are provided. Moreover, in the event that the products or articles provided to the Customer in Italy are subsequently exported by them, it will be the customer's responsibility to obtain, at their own expense, all the licenses and authorizations necessary, also compliant with the rules relating to export between Italy and the country of destination, with particular reference to the rules for the export of high-tech products.

Prices

The prices shown on www.tracksidelab.com are to be understood on a gross of VAT, with the application of the rate scheduled at the moment when the manager receives the order. In addition, prices are expressed net of shipping and transport costs. The prices indicated on  www.tracksidelab.com can undergo variations. For all articles the price applied will be the one in force at the time when the manager will receive the order.

Where prices are not expressly indicated or in the case of supplies relating to items not present on the website www.tracksidelab.com, prices must be specifically agreed and confirmed in writing by tracksidelab.com, before the shipment of the product.

Purchase orders

Purchase orders can be sent by the customer exclusively from the website. . The order will be considered as a contractual proposal. Except for different indications, the acceptance by the manager may also take place by direct execution of the orders, without the need for a prior formal acceptance of the order.

Deliveries

The more you buy the more you save,Our shipping policy is very simple and convenient:
Regardless of the number of products purchased you will pay only one shipment!

The customer is required to contribute shipping and transport costs:

- Italy: € 6.00 (including islands), regardless of weight, volume and order value;

- European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia , Slovenia, Spain, Sweden, United Kingdom, Vatican City, Isle of Man, Åland Islands, Liechtenstein, Mayotte, Monaco, Réunion, San Marino, Svalbard and Jan Mayen): € 19.90

- Albania, Bosnia and Herzegovina, Iceland, Montenegro, North Macedonia, Norway, Serbia, Switzerland, Andorra, Gibraltar, Guernsey, Faroe Islands, Jersey, Kosovo, Moldova, Turkey: € 40.00

- Canada, United States: € 45.00

- Bahrain, Brunei, China, South Korea, United Arab Emirates, Philippines, Japan, India, Indonesia, Kuwait, Malaysia, Hong Kong SAR, Singapore, Sri Lanka, Thailand, Greenland, Egypt, Mexico: € 55.00

- Belarus, Russia, Ukraine, Saudi Arabia, Bangladesh, Maldives, Oman, Pakistan, Qatar, Macao SAR, Taiwan, Guadeloupe, South Africa, Anguilla, Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bermuda, Costa Rica, Curaçao , Dominica, El Salvador, Jamaica, Grenada, Guatemala, Haiti, Honduras, Cayman Islands, British Virgin Islands, Martinique, Montserrat, Panama, Dominican Republic, Saint Kitts and Nevis, Saint Martin, Saint Vincent and the Grenadines, Saint-Barthélemy, Trinidad and Tobago, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, French Guiana, Paraguay, Peru, Suriname, Uruguay, Venezuela, Australia, Fiji, New Caledonia, New Zealand, French Polynesia, Samoa, United States (Alabama only and Alaska): € 60.00

- Afghanistan, Bhutan, Cambodia, Jordan, Iraq, Israel, Laos, Lebanon, Nepal, Vietnam, Yemen, Turks and Caicos Islands, Nicaragua, Papua New Guinea, East Timor: € 70.00

- Armenia, Azerbaijan, Georgia, United States (Marshall Islands), Kazakhstan, Kyrgyzstan, Mongolia, Myanmar (Burma), Tajikistan, Turkmenistan, Uzbekistan, Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Chad , Comoros, Congo - Kinshasa, Congo-Brazzaville, Ivory Coast, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Djibouti, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Morocco, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Central African Republic, Rwanda, Saint Helena, São Tomé and Príncipe, Senegal, Seychelles, Sierra Leone, Somalia, South Sudan, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe, Falkland Islands , Cook Islands, Solomon Islands, Kiribati, Nauru, Niue, Tonga, Tuvalu, Vanuatu, Guinea, Equatorial Guinea, Guinea-Bissau: € 80.00

The day shipment, regardless of the transport system used and if possible, will be carried out, as a rule, only for the orders received on working days between 8.00 and 14.00. We are usually able to deliver in Italy with average times of 48 hours, however, it is understood that the terms of delivery must be understood as not essential. Customers are required to check the cost of shipping before confirming the order. If the manager provides for not being able to comply with the delivery terms indicated, without this entails any responsibility for the Customer, it will communicate the new conditions of delivery of the article to the same, which will have to confirm the order, as amended , within 3 (three) days from the manager's communication. Except against the opposite, the delivery will be made to the domicile that the customer will have specified in order.

Product examination, delays and non-delivery 

Upon receipt of the goods, the customer must not damage the packaging or remove any labels from the items, as long as he has not definitively accepted the product received. This in order not to compromise the possibility of returning, for change change or other motivations allowed. The customer is required to examine the goods received accurately at the time of delivery and to communicate in detail to the manager, within 8 (eight) days of delivery, any defects found - or found - to the outcome of this examination, or to propose any Another complaint in relation to the products. In the event that the Customer does not carry out the above communication, the items will be considered definitively accepted and compliant with what is requested in the order, without prejudice to the possibility, which can be expected no later than 1 (one) year from delivery, to assert Any non -apparent defects, provided that the relative denunciation was made within 8 (eight) days from the discovery of the same (in accordance with the provisions of article 1495 of the civil code). It is understood that The customer will have to refuse the vector delivery of packaging with damaged packaging and must, in this regard, immediately inform the manager of the incident; Otherwise, the goods delivered will be understood in full accepted in the state in which they are at that moment. For the purpose of examining the products or articles, the customer acknowledges that the manager is not the author of the software that can be contained there, nor has he read the same. The customer must therefore carry out, under his own exclusive responsibility, before using the product or article, every reasonable check to verify that the software possibly contained in the products purchased make the same suitable for use or are not affected by IT viruses or from other defects that can damage the article or goods that come into contact with the same.

Passage of risk and property 

The property of the goods passes to the customer when the goods are delivered to the carrier for delivery to the customer's domicile or at the address indicated by the customer at the time of the order. In any case, the goods travel at the risk of the customer, remaining agreed that each shipment is performed for a precise assignment and account of the customer and that, therefore, the manager is exempted from any responsibility with the delivery of the same to the carrier or the customer in the in the event that the latter decides to withdraw the goods personally or through his own in charge.

Warranty

The manager will replace or repair the products or items provided, or reimburse the relative price, if, despite a correct and diligent use by the customer, vices are found, which must be asserted against the manager himself within and no more than 12 ( twelve) months from the date of delivery, or within that different term from time to time indicated by the manager for specific articles, or established by law. The articles, or the members or parts of them to which the dispute refers, must be returned to the manager in the period of time referred to in the paragraph that precedes, adequately packed, with shipment by the Customer and in accordance with the particular instructions that the manager has possibly imparted at the time of the supply or subsequently. The articles, or the components or parties of them returned must be accompanied by a note shown the description of the defect, as well as any other information indicated or requested by the manager at the time of the supply or subsequently. All products or articles or parts of them replaced by the manager will become exclusive ownership of the same. This guarantee replaces any guarantee or other provision established by law regarding the quality or suitability of products with specific uses, except for those provisions that by law cannot be derogated.

Product information and its availability

Except differently, the methods of use of the article or product purchased, with particular reference to the safety of the same, are indicated in the "technical parameters". The dimensions and other physical characteristics are subject to normal commercial tolerances. It will be the customer's responsibility to verify, in advance, the suitability of the product or article for the use that he wants to make of the same. In any case, the manager reserves the right to cease the offer of any product, or to make changes to the specifications of the products or items, at any time, even without notice and without having to add justifications to this decision. The manager recommends customers to verify the dimensions and other data relating to the products published on www.tracksidelab.com as well as the future availability of the same, before using them for particularly important uses. If the Customer intends to sell the products purchased to third parties, it will be responsible for ensuring that these items are complete with all accessory elements such as warnings, labels, any instructions and manuals and other useful information, provided with the items themselves.

Liability limit

These General Conditions outline the entire context of responsibility of the manager regarding the articles, with the exclusion of any other guarantee, condition and term, expressed or implicit, established by law, also with reference to the quality or suitability of articles for specific uses, hi However, those guarantees that, by law, cannot be derogated, with reference in particular to the provisions of article 1229 of the civil code and in terms of responsibility for damage from defective products and consumer protection. It remains, however, that in no case the manager will be responsible for the loss of profit or for any indirect damage suffered by the Customer for a fact, act or omission attributable to the manager pursuant to these general conditions or in any case in relation to the sale subject to them. The manager assumes no responsibility for the correct functioning of the applications on the portal www.tracksidelab.com, nor on the compliance of the same to the specific purposes to which they could be destined.

Limitations of use

The products and items sold on www.tracksidelab.com have not been tested for applications in the medical field or for joint use with medical-surgical principals of any kind and nature. Likewise, the products on www.tracksidelab.com have not been tested for the application in the context of nuclear activities or in the aeronautical field. The products on www.tracksidelab.com must therefore not be used in these areas, with respect to which the manager assumes no responsibility for malfunctions and/or damage to things or people.

Payments

The manager only and exclusively accepts payments made according to the following methods:

• with credit card

• Paypal

• cash on delivery, with an additional cost of 5 €

Any payment condition other than the above must be agreed in writing with the manager, before the ordering of the order. All payments will be made in favor of the manager without the customer being able to oppose any compensation, deduction or against claim.

Tracksidelab guarantees safe purchases why use the highest security standards to protect your personal data and information relating to your credit card from unauthorized access. Your transactions are protected thanks to the use of the most advanced technological and codification systems (SSL).

Currency

Payments must be made in euros; Other currencies may be agreed in writing between the parties, within the limits allowed by law.

Country of origin 

Unless otherwise communicated in writing to the Customer, the information contained in the portal www.youbrand.shopping do not constitute, nor must they be understood, as a declaration of the country of origin, of preferential origin, processing, production or assembly of the products or of any part of them.

Return of products and reimbursements

No return of articles will be allowed without the prior written consent of the manager, without prejudice to the provisions of the previous "guarantee" paragraph. After obtaining the manager's consent, to be entitled to reimbursement, the Customer will have to return the articles, according to the following conditions:

• Articles must not have been used and must be rendered in the same conditions in which the customer received them

• The return must take place within 15 (fifteen) days from the date of the purchase invoice

• If the conditions of sale do not contain specific instructions (and these have not subsequently been indicated by the manager), all parties or components possibly added to the product or article by the Customer must be removed before returning to the manager; Otherwise, the manager will be authorized to remove and/or delete all additional parts.

The articles must be returned to the manager, expenses and risk of the customer. The products to be made to Youbrand (manager) must be adequately packed and shipped, after communicating to be sent by email to info@tracksidelab.com.

Cancellation of orders

The orders paid by credit card that cannot be completely processed on the basis of the warehouse stocks, will be partially canceled and the related sums reimbursed. The manager reserves the right not to entertain commercial relations with certain subjects, it also reserves the right not to accept or cancel any orders, regardless of whether the payment has been received or not, communicating by telephone or by e-mail by 48 (forty -eight) hours (excluding Saturdays and holidays) from the reception of the order. In the event that the manager does not accept or delete an order for which the payment has already been made, the same will promptly reimburse the entire amount received, according to the methods that will be indicated to the manager by the customer. Moreover, it remains that the return of the price represents the only burden of the manager for the failure to accept or for the cancellation of the order, since in this regard, being excluded any form of responsibility for the manager. The Customer may cancel or revoke the purchase orders only within the limits allowed by the law, remaining, in any case, understood that, without prejudice to mandatory rules of the law, the orders relating to the purchase of items that, Although provided by the manager, they were not available on the www.tracksidelab.com portal at the time of sending the purchase order by the customer.

Major force

In the event that the execution of orders by the manager is hindered or prevented by the cause of force majeure or fortuitous chance, or by the impossibility of obtaining the services, materials or articles necessary for the fulfillment of the order, if not a increased prices, the manager may delay the evasion of the order and, in this case, communicate the delay to the customer; These, within 3 (three) days from the reception of communication by the manager, will have the right to cancel the order in whole or in part. In none of the aforementioned cases, the manager can be held responsible for the delay, cancellation or impossibility of carrying out delivery.

Copyright and patents

The manager warns the customer that the articles presented on the website www.tracksidelab.com can be the subject of a patent, trademark, copyright or other industrial or intellectual rights of ownership of the manager or third parties.

Contracts concluded with consumers

If the customer is qualifiable as a consumer, the provisions on consumer protection will apply, including those referred to in the consumer code (Legislative Decree 6 September 2005, n. 206 and subsequent amendments), which are not intended to derogate from these General Conditions. In particular, in the event that the Consumer Customer has concluded the contract outside the commercial premises or through distance bargaining, he will have the right to withdraw without any penalty from the contract, by sending, within 14 (fourteen) working days starting from the date of receipt of the articles Purchased, special communication, by letter sent by e-mail to info@tracksidelab.com. The letter of withdrawal, containing "with this note the withdrawal from the sales contract of the following goods ...", must also contain the following information: number of the manager of the manager, customer data, telephone number and/ or email address of the customer.

In the event of the exercise of the faculty of withdrawal, the products purchased will be returned to Tracksidelab, intact and adequately packed, within 14 (fourteen) working days from sending the aforementioned communication, at the customer's expense. In the face of the exercise of the right of withdrawal, the manager will promptly return the consideration to the customer possibly received.

Legal guarantee of conformity

The legal guarantee of conformity (or legal guarantee) is provided for by the consumer code to articles 128-135 and establishes the responsibility of the seller for the defects of conformity of the goods sold through its sales channels. The legal guarantee referred to in the consumer code is reserved for consumer customers. All the products that present a defect of conformity existing at the time of delivery and which occur within 24 months from the date of purchase are covered by the legal guarantee. The lack of conformity must be reported to the seller within the following 2 months from the date of the discovery of the defect itself.

Jurisdiction

The Forum of Avellino (Italy) will be competent, exclusively, for any controversy deriving from these General Conditions of Sale and the relative contracts for the supply of the products. If the customer is qualifiable as a consumer, any disputes deriving from these general conditions will be donated to the competence of the judge of the place of residence or home of the consumer. These general conditions of sale are regulated pursuant to Italian law.