Terms of service

Terms and Conditions

These terms and conditions govern the offer and sale of products on the portal of Shop Online www.iotty.uk (hereinafter "Store").

The products purchased on the website ("Products") are sold by iotty S.r.l., Via Del Laghetto, 18/20 - 33080 Porcia (PN) - P.I. 01825040932) - PEC iotty@pec.iotty.com (hereinafter referred to as "Supplier")

The Site is operated and maintained by IOTTY s.r.l.

iotty is a trademark of IOTTY s.r.l.

The Terms and Conditions shall remain valid and effective until modified and/or supplemented by iotty.

Any amendment and/or integration to the General Conditions will be effective from the date on which they are published on the Store and will apply to sales made from that date. The latest updated version of the General Terms and Conditions can be found on this page.

 

Scope of validity, definitions, authorization to change

The following General Terms and Conditions of Business apply exclusively to the business relationship between the Supplier and the "Customer" in the version valid at the time the contract is concluded. Where reference is made in these General Terms and Conditions to "Consumers", this means natural persons for whom the purpose of the order is not classifiable as a business, self-employed or freelance activity. "Entrepreneurs", on the other hand, are natural persons, legal entities or partnerships with legal capacity who order for commercial purposes or as self-employed or freelance professionals. "Customers" are, within the meaning of these general terms and conditions of business both Consumers and Entrepreneurs. If deadlines are stated in working days, this means all days of the week except Saturdays, Sundays and statutory holidays.

The "Customer" declares and guarantees that he/she is a consumer and that the data provided by him/her for the execution of the Contract are correct and true.

 

Scope of application

The offer and sale of Products on the Site constitute a distance contract.

The customer must carefully read these General Terms and Conditions of Sale, which iotty makes available to him and which he is allowed to save and reproduce, as well as all other information that iotty provides on the Site, both before and during the purchase process.

The subject matter of the Agreement is the purchase of the Supplier's Device Products, which enable intelligent management of the electrical system.

The Supplier's applications (hereinafter "App") are provided through the Stores (iOS App-Store, Android Play Store). The web application is accessible from the Supplier's dedicated page. The central connecting element between the "Apps" and the devices is the Provider's server infrastructure. If maintenance operations are necessary, the Supplier will inform the Customers in time.

 

Conclusion of Contract

All offers made by the Supplier are without obligation and non-binding.

The contract is concluded when the Customer receives a confirmation e-mail from the Supplier at the e-mail address indicated. This confirmation message will contain a summary of the order and a customer order number, to be used in any further communication with the Supplier. 

Before proceeding with the transmission of the purchase order, the customer can identify and correct any errors in data entry by communicating them promptly to support@iotty.com

 

General obligations of the Customer

The Customer ensures that the data communicated to the Supplier at the time of the order are correct and complete. He undertakes to inform the Supplier in good time of any changes in the data communicated and, at the Supplier's request, to confirm their correctness again within 15 days of receipt. This concerns in particular the Customer's name, postal address, email address and telephone number, possibly his legal form and details of the selected payment method.

 

Product Availability

On the Site you can see the confirmation of the availability of a product at the time of the order. Since the simultaneous access of many users-customers and the simultaneous possibility of "online" orders change the availability of the product itself, the Supplier does not guarantee the certainty of allocation of the ordered goods unless confirmed by the payment of the same.

The Customer will be informed in case of unavailability of the ordered Product. In this case, the Customer will be entitled to terminate the purchase contract.

Alternatively, the Customer may accept

• if restocking is possible, an extension of the delivery terms, proposed by the Supplier, with an indication of the new delivery term;
• if it is not possible to restock, the Supplier will provide a different product of equivalent or higher value, subject to payment, in the latter case, of any difference, and upon express acceptance of the Customer;
• the Supplier will offer a discount voucher to spend on purchases on the Site. The amount of the voucher, the period within which it can be used, and any limitations will be communicated from time to time by the Supplier.

If you request a refund of the amount paid for the purchase of products that are then proved to be unavailable, the Supplier will make the refund within a maximum period of 15 days.

If the Customer avails himself of the right to terminate the contract, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order has already taken place, the Supplier will refund the total amount due.

In the case of orders concerning a plurality of products (e.g., "multiple order"), if the unexpected unavailability affects only some of the products covered by the multiple order, the Supplier will immediately notify the Customer by e-mail or telephone contact issued by the Customer. The sales contract will be considered partially resolved limited to the product and / or products become unavailable, without prejudice to the possibility for the customer to cancel the entire order. In this case, the Customer will be entitled to obtain a refund limited to the unavailable product/s.

 

Information Sheet

Each Product is accompanied by an information page that illustrates its main features. The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products but must always be understood as indicative and within the tolerances of use.

For the purposes of the purchase contract, therefore, only the descriptions on the Site will be considered authentic.

 

Prices and payment conditions

The prices present on the pages of this website at the time of the order are applied. In case of shipping costs, the Supplier will inform you about their amount during the order process. All prices shown on this website are inclusive of value-added tax as provided for by current law. The Supplier reserves the right to instruct third parties to collect payment in the various ways. In the case of payment at the sight of the invoice, the amount shall be paid within 14 days of receipt of the invoice. If the customer is late in paying an invoice, the Supplier is entitled to claim a flat-rate reminder fee for each reminder made. For each unpaid and/or rejected debit or credit card payment, the Supplier is entitled to charge a lump sum on the invoice, unless the Client proves that the event causing the damage is not attributable to him. The Customer is allowed to prove that no damage has occurred or that the damage is less than the lump sum.

In the event that a product is offered on the Site at a discounted price, the Site will indicate the full reference price against which the discount is calculated and what this full reference price corresponds to.

 

Methods of Payment

The payment methods available are:

 

PayPal: Concluding a purchase with this type of payment will display a page of the PayPal site: enter the address, personal e-mail and password of your PayPal account or access the procedure for creating a new account. Choosing this payment method, the amount is charged directly to your PayPal account at the time of order acquisition. For each transaction performed you will receive a confirmation email from PayPal. In case of cancellation the amount will be refunded to the customer's PayPal account.

 

Credit Card: Payment for Products may be made by credit card directly through the Site. The credit cards accepted by iotty are specifically indicated on the payment method page.

 

Other methods of payment that can be activated by the Client (e.g., ApplePay) are presented in the relevant section and on the footer of the website.

At no time during the purchase procedure is iotty able to know the information related to the client's credit card, transmitted, through a protected connection, directly to the site of the card issuer or of the payment system. iotty does not store such data.

 

Delivery and retention of title

Deliveries are made to the addresses indicated at the time of order. It is the customer's responsibility to ensure that delivery can be made to the delivery address indicated by him/her during normal business hours. Delivery usually takes place within two weeks after acceptance of the request for the conclusion of the contract by the customer. In case of non-delivery due to the absence of the recipient during the attempts provided by the procedure applied by the courier, the package will remain in storage. If, within the terms indicated by the courier in the notice left to the recipient, the package is not collected, it will be returned to the Supplier and the Supplier reserves the right to terminate the contract. In the case of force majeure, delivery times are proportionally longer. Force majeure shall include strikes, lockouts, governmental measures, shortages of energy and raw materials, transport restrictions, circumstances that impede business operations such as fire or flood damage, damage to machinery, lightning and any other event not foreseeable by the Supplier and not attributable to him. The beginning and the end of such impediments to the supply will be promptly communicated by the Supplier. In case of delays in delivery longer than two weeks, the Customer has the right to withdraw from the contract. In this case, the Supplier shall also be entitled to withdraw from the contract. Payments already made by the Customer will be refunded promptly. Upon delivery, the Customer is obliged to check that the package is intact and not damaged or tampered with. Any anomalies (such as, for example, tampering, damage to the package) must be specifically indicated in writing directly on the transport document of the courier, and the customer must refuse delivery. At the same time, the Customer will be obliged to notify the Supplier at the latest within two weeks of receipt of the devices, so that the Supplier can assert the transport damage against the logistics company in charge of the delivery, by writing to support@iotty.com. If the Customer accepts the delivery even if the packaging is damaged or tampered with, the Customer will forfeit the legal guarantee of conformity of the devices. In general, in the case of return, the Customer will bear the costs of the same, except in cases of return for withdrawal. The refund due will be credited to the same means of payment used by the Customer. The devices remain the property of the Supplier until they have been paid for in full by the Customer. Ownership will be transferred to the Customer at the time of shipment, to be understood as the time of delivery of the devices to the carrier. The risk of loss or damage of the devices, for reasons not attributable to the Supplier, however, will be transferred to the Customer when the Customer, or a third party designated by the same and different from the carrier, will take physical possession of the devices.

 

Limitations of Liability

The Supplier does not assume any responsibility for inefficiencies attributable to force majeure, if it fails to execute the order in the time provided by the contract. The Supplier will not be responsible towards the Customer for inefficiencies, malfunctions, any loss of data, indirect, special, fortuitous, emerging damages (including loss of profits or data), or any other damage also caused by atmospheric agents (including lightning) or natural disasters. The Supplier shall also not be liable for any damages, losses and costs incurred by the Customer as a result of non-performance of the contract for reasons not attributable to him. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the products purchased, if it proves to have taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence. In no case can the Customer be held responsible for delays or misunderstandings in the payment if he proves to have made the payment in the time and manner indicated by the Supplier. The Supplier recommends that the installation of the devices is carried out by specialized personnel. If the installation is carried out by a third party commissioned by the Customer (e.g., an installation company), the latter will be liable for all damages resulting from improper installation. Own installation of the Supplier's devices always takes place at the Supplier's own risk. The Supplier shall not be liable for damages resulting from improper installation, operation, use or storage. If not already excluded by the preceding rules, the Supplier's liability for damage to devices connected to the devices is excluded, unless the damage is clearly attributable to the functioning of one of the Supplier's devices. Proof shall be the responsibility of the Customer. devices. The Supplier reserves the right to interrupt access to the Supplier's software and unrestricted use of the Supplier's applications to the extent and for the duration that this is necessary due to compelling reasons, such as necessary maintenance work on the servers or programs and/or the necessary infrastructure, in the event of unlawful attacks on data or computers, to resolve unforeseeable security holes or other serious malfunctions. In these cases, the devices' own control intelligence will be activated as far as possible. These short-term limitations do not imply any liability or warranty rights for the Customer. The Supplier's entire liability and the Customer's sole and exclusive remedy for claims related to or arising out of these terms and conditions, for whatever reason and irrespective of the type of claim, whether by contract or default, obligation or otherwise, including negligence and strict liability, shall not exceed the amount of the purchase price paid.

 

Installation and Technical Requirements

Use of the full functionality of the Supplier's applications requires the presence of a functioning and continuous internet connection at the installation location. A mobile data connection is also required to fully utilize the mobile applications. The Customer is responsible for setting up and maintaining the functionality of the Internet connection. In the online store or via the Provider's applications, installation by a specialist company can be ordered separately (installation service). The Supplier reserves the right to have the installation service carried out by a third party.

 

Limited Product Warranty

All Products sold on the Site carry the Legal Warranty of Conformity. Supplier warrants to the owner of the device that the product ("Product") is free from defects in materials and workmanship for a period of six (6) years (five (5) years in Scotland)or one (1) year for factory refurbished products) from the date of delivery following original purchase (the "Warranty Period"). If the Product fails to conform to this Limited Warranty during the "Warranty Period," Supplier will, at its sole option, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser of the Product. Repair or replacement may be made with a new or reconditioned product or component, at Supplier's sole discretion. If the Product or a component incorporated within the Product is no longer available, the Supplier may replace the Product with a similar product or component with a similar function, at the Supplier's sole discretion. Any Product that is repaired or replaced under this Limited Warranty will be covered under the terms of this Limited Warranty for the longer of the Warranty Period of ninety (90) days from the date of delivery or the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the duration or coverage of the Warranty Period will not be extended by such transfer. Before invoking this Limited Warranty, the owner of the Product must notify Supplier of its intent to invoke the warranty by visiting the support.iotty.com web page during the Warranty Period and provide a description of the alleged defect, and (b) follow the return shipping instructions. The Supplier shall have no warranty obligations with respect to a returned Product if the Supplier determines, in its reasonable discretion upon examination of the returned Product, that the Product is an unfit Product. Your Supplier will bear the cost of shipping the returned Product back to the owner, except that in the case of any ineligible Product, the owner will bear all shipping costs. You may be required to provide us with a copy of your proof of purchase which includes the date of purchase, the name and location of your supplier, and you may also be required to provide us with the serial number and model number of the product on the product label. The warranty is valid only within the state of purchase.

 

What the limited product warranty does not cover

This warranty does not cover the following (collectively referred to as "Unsuitable Products"): any product marked "sample", or sold "AS IS"; or Products that have been subjected to: (a) improper modification, alteration, tampering, or maintenance or repair; (b) handling, storage, installation, testing, or use not in accordance with the user guide or other instructions provided by Supplier; (c) abuse or misuse of the Product; (d) failure, fluctuation, or interruption of the power supply or telecommunications network; or (e) natural disasters, such as lightning, flood, tornado, earthquake, or hurricane. This warranty does not cover consumable parts, including the protection fuse (even if packaged or sold with the product), unless the damage is due to defects in materials or workmanship of the Product or software. Supplier recommends that only authorized service providers be used for maintenance or repair. Unauthorized use of the Product or software may impair the performance of the Product and void this Limited Warranty. The Supplier may require the Customer to attach the purchase invoice or other document evidencing the date of completion of the sale to the goods for which the warranty is intended. The Customer will have the right to request the termination of the sales contract. In no case a conformity defect of slight entity gives right to the resolution of the contract.

 

Obligations of the Customer

The Customer undertakes to pay the price of the goods purchased in the time and manner indicated in the Contract. The same one is engaged, once concluded the procedure of purchase online, to the maintenance of the present contract united to a copy of the order.

 

Right of withdrawal and cooling-off period

In addition to the 14-day right of withdrawal, iotty offers an extended 30-day right of reconsideration without conditions and without penalty and free take-back of the product. The 14-day period starts from the date of delivery of the product. When goods are delivered in multiple lots or pieces, the withdrawal period should expire fourteen days after the time the consumer acquires physical possession of the last lot or piece.

 

In order to exercise it, the customer will have to write to support@iotty.com or to iotty@pec.iotty.com indicating the reference of the order and to wait for an answer for an email with the instructions for the restitution of the products. The return shipment of the product will be charged to iotty. In the return request email is welcome - but not necessary for the purpose of return authorization - an explanation of the reasons why you decide to return the product, for purely internal statistical purposes.

 

The refund will be made using the same means of payment used by the customer for the sale in relation to which the withdrawal was exercised.

 

We may withhold your refund until we have received the Products or until you have provided us with proof of return, whichever is sooner.

 

In order to receive a refund, you must return the Product (and any promotional merchandise provided with the Product) within fourteen (14) days of the day that IOTTY customer support authorizes the return. Returned Products must be in good physical condition (e.g., not physically broken or damaged). All accessories originally included with your purchase must be included with your return (manuals, screws and lens hood)

 

Protection of confidentiality and processing of buyer's data

In all data processing procedures (e.g., collection, processing and transmission) the Supplier acts in accordance with the legal provisions as stated on the page: PRIVACY POLICY PAGE.

 

Online Dispute Resolution for Consumers

Purchase contracts concluded through the Site are governed by the Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to “electronic commerce".

The Supplier is available to answer any questions forwarded by email to support@iotty.com.

 

Modalities of archiving the contract

The Supplier informs the Customer that every order sent is stored in the Supplier's information systems according to criteria of confidentiality and security.

 

Customer service, complaints and communications

We indicate the following contact details to which the Customer may refer for any further information or assistance or to forward complaints: IOTTY SRL, VIA DEL LAGHETTO 18/20 33080 PORCIA PN (ITALY), E-mail: support@iotty.com

All communications, which according to the General Conditions are made by e-mail, will be transmitted to the address communicated by the Customer during the purchase process.

 

Applicable law and competent court

The contract of sale and services concluded under the General Conditions is governed by Italian law. Any dispute relating to the application, execution and interpretation of these General Conditions of Sale and Service shall be settled by the court of the place where the customer resides or has elected domicile, if the latter is a consumer, as defined by the Consumer Code.

 

Final clause

This contract abrogates and replaces any agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the subject of this contract.