The present general conditions have for object the conclusion of a purchase contract at a distance by means of electronic network through the internet site www.poptoys.it the company IPERCOMMERCE SRLS., with registered office in Rome, Via Caio Canuleio 62 Cod. Fisc.: e P. IVA: 15177661004 (hereinafter, called “Poptoys”).
Pursuant to and by effect of art. 47 of the Legislative Decree n. 206 of 6 September 2005, as replaced by art. 1, comma 1, D. Lgs. 21 February 2014, n. 21, which has replaced the Head of The, is limited to the arts. from 45 to 67, with effect from 13 June 2014, pursuant to the provisions of art. 2, paragraph 1, of the same D. Lgs. no. 21/2014, a “distance contract” means “any contract concluded between the trader and the consumer under a scheme organized for the sale or provision of services at a distance without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to conclusion of the contract, including the conclusion of the contract”.
Terms and conditions of purchase are governed by the provisions of Legislative Decree no. 206 of 6 September 2005 and subsequent amendments and integrations (hereinafter the “Consumer Code”); and the protection of confidentiality (privacy) is regulated by the provisions of Legislative Decree no. 196 of 30 June 2003 (hereinafter, the "Code regarding the protection of personal data" or “privacy Code”). The present general conditions are valid from the day 19.12.2014 and may be updated or modified at any time, without prior notice, and will be valid from the date of publication on the internet site www.poptoys.it;
The customer will be, in each case, applied to the conditions published on the Site and accepted at the time of placing the order online.
To buy the products through the Website you must be of legal age. Any communication from the Customer is connected and/or related to the purchase of products - including any reports, complaints, requests concerning the purchase and/or delivery of products, exercise of the right of withdrawal, etc. - must be sent to the addresses and in the manner indicated on the site and to the e-mail firstname.lastname@example.org . The Website is dedicated to retail and as such is intended for the exclusive use of consumers, as defined pursuant to the Code of the Consumption. Are advised not to execute purchase orders the parties that are not consumers. If one or more sales to be made in respect of a subject that is not a qualified consumer, you will find application the present general conditions of sale, but, notwithstanding the provisions in the same:
- the purchaser will not be recognised as the right of withdrawal referred to in article 10;
- the purchaser may not benefit from the guarantee on the products referred to in article 8;
- the purchaser will not be recognized any other safeguards, here provided in favor of the consumer, which reflect or are consistent with predictions required by law;
the contract of sale concluded between Poptoys and buyer shall be governed by Italian law, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods - 1980 Vienna Convention.
2. ACCEPTANCE of CONDITIONS OF SALE
2.1.The conditions in the premise are integral and substantial part of this agreement.
2.2.this Agreement is entered into between Poptoys and the customer (ie a person who buys goods for purposes not related to his professional activity) (hereinafter “Customer”) and shall be considered concluded with the acceptance, even only partial, of the order by Poptoys. By placing an order in the manner provided, the Customer declares to have taken vision of all the indications to he supplied during the purchase procedure and accept the general conditions and payment transcribed below.
2.3The Customer, once concluded the purchase procedure online, by clicking on the button “CONFIRM ORDER WITH PAYMENT OBLIGATION”, accept the terms and conditions of sale set out in this agreement, and shall entitle Poptoys to the debit of the total amount indicated, inclusive of the contribution for shipping costs.
2.4The Customer shall print or save an electronic copy but keep these conditions general sale, subject to the provisions of the articles. 50 and ss of the D. Lgs. 206/05.
3.THE AVAILABILITY OF THE PRODUCTS AND HOW TO PURCHASE
3.1The Customer may only purchase Products in the electronic catalog of the site www.poptoys.it at the time of placing the order, as described in the relative informative cards. It is understood that the image accompanying the descriptive card of a product may not be perfectly representative of its characteristics but to differ for color, dimensions, products present accessories in figure. All support information for purchase are intended as simple generic informative material, not referable to the real characteristics of a single product are described in the instruction sheet and on the pack of each Product. The sale prices are inclusive of I. V. A. and all other taxes.
3.2Correct receipt of order is confirmed by Poptoys through an answer via e-mail, sent to the email address provided by the Customer. This confirmation message will contain date and time of execution of the order and order number, to be used in any further communication Poptoys. The order number that will be assigned at the time of purchase confirmation is generated in a progressive way and it is necessarily unique.
The message will include all data entered by the Customer who agrees to verify the correctness and communicate any corrections, using the customer service.
3.3In the case of non-acceptance of the order, Poptoys ensures communication to the Customer via e-mail or telephone, within 7 days from the receipt of the e-mail summary.
Poptoys accepts orders for Products within the limits of the quantity existing in the warehouse, Therefore, the acceptance of the proposal of purchase by the Customer is subject to stock availability of the Products themselves. Poptoys undertakes to promptly communicate to the Customer any unforeseen breakdown in stocks due to excess demand or other causes. And’ expressly excluded any right of Customer to damages or compensation, and in each case excluding any responsibility of Poptoys, in contract or tort, for any direct or indirect damages to persons and/or things, provokes to you from the lacked acceptance, also partial, of an order.
4. OBLIGATIONS OF the CLIENT AND UNDERTAKING
, As already stated in paragraph 2.4 above, the Client agrees and undertakes, once concluded the online purchase procedure, to print and keep these general conditions, which has already seen and accepted.
The Customer declares to be of age, and that the data provided by it are true and correct. And’ forbidden to the Customer to enter false and/or invented and/or fantasy in the registration procedure for the execution of this agreement, and for related communications.
And’ expressly forbidden to make double entries or enter data of third persons.
The Customer will, however, take Poptoys indemnify and hold harmless from any liability, cost or expense directly or indirectly connected with or resulting from:
- - the inclusion of incorrect data or third party;
- - use by the Customer of the site www.poptoys.it;
- - use the login credentials of the customer by a third party
- - breach by the Customer of these general conditions of sale.
The payment of the Products purchased online can be made by cash, credit card, paypal and Bank Transfer.
As explained in more detail hereinafter, the professional may not impose additional charges to consumers in relation to the use of some payment instruments (e.g. credit card).
The cash payment will be accepted only for purchase orders of Products with a total value of less than $ 500.00 and will be charged shipping costs of € 3,00 for each order.
At the time of receipt of the package containing the Product (s) purchased, the Customer will pay the purchase amount directly to the courier. And’ possible to pay in cash only, it is not possible to pay with checks.
Payment with credit card
The payment by credit card (Cartasi, Visa, Mastercard, American Express, Paypal) must be made in favor of Poptoys.
In cases where the Customer purchases the Products with payment by credit card (together with the completion of the order) the reference Bank will authorize only be charged the amount of the purchase price. In case of cancellation of order either by Customer or in case of non acceptance of the contract by Poptoys, you will be prompted by Poptoys the immediate cancellation of the transaction and the transfer of the amount committed. The timing of release depends exclusively on the banking system and can arrive until their scheduled expiration (24° day from the authorization date). Once carried out the cancellation of the transaction Poptoys will in no case be held responsible for delays and/or damages caused by the banking system. Poptoys reserves the right to ask for additional information or sending copies of documents that prove the ownership of the paper used. In case they are not provided such information and/or copies, Poptoys reserves the right not to accept the conclusion of the contract. At no time during the purchase process by credit card Poptoys is able to know personal information about the holder of the payment instrument used, as such information is transmitted directly to the website of the bank that manages the transaction protocol safe and secure. For this reason, Poptoys can not be held responsible for any fraudulent use of credit cards by third parties upon payment of products purchased on the website or events that are similar to
payment via PayPal will be effettauto in favour of Ipercommerce srls.
In case of purchase through the PayPal payment method, at the conclusion of the order, the Customer is directed to PayPal login page. The amount of the order is charged to your PayPal account at the time of acquisition of the order. In case of cancellation of order either by Customer or in the case of non-acceptance of Poptoys, the amount will be refunded to the PayPal account of the Customer within the third business day following the cancellation of the order.
Requested the cancellation of the transaction by Poptoys, in any case, the latter shall be held responsible for any damages, direct or indirect, caused by delay in the failure to release the amount committed by PayPal. At no time during the purchase procedure Poptoys is in a position to know the financial information of the Customer. Since there is no transmission data, there is the possibility that these data are intercepted. No computer archive of Poptoys contains, or maintains such data. For every transaction made with the PayPal account the Customer will receive an email confirmation from PayPal.
payment by bank Transfer will be effettauto in favour of Ipercommerce srls.
In the case of purchases through this mode of payment, the Transfer must be made at on this current account Ipercommerce srls, the IBAN will be sent via e-mail, specifying your order number to confirm the payment. The amount of the order will be credited within three days from the execution of the transfer by the Customer. In case of cancellation of order either by Customer or in the case of non-acceptance of Poptoys, the amount will be refunded to the account of the Customer by bank Transfer in as short a time as possible and in any event within 14 days. Requested the cancellation of the transaction, in no case Poptoys can be held responsible for any damages, direct or indirect, caused by delay in the failure to release the amount committed. At no time during the purchase procedure poptoys is in a position to know the financial information of the Customer. Since there is no transmission data, there is the possibility that these data are intercepted. No computer archive of Poptoys contains, or maintains such data. For every transaction done with the bank Transfer, the Customer will receive a confirmation email.
6.1All products sold on the portal www.poptoys.it are covered from the conventional guarantee of the producer and by the guarantee of 24 months for defects of conformity, pursuant to articles 128 and following of the Consumer Code. To qualify for warranty service, the Customer must keep the invoice or equivalent document.
The 24-month warranty pursuant to the consumer Code applies to products that present a conformity defect, provided the product has been used correctly, respecting its intended use and as provided in the attached technical documentation. This guarantee is reserved to the private consumer (physical person who buys goods for purposes not related to his professional activity, or makes the purchase without indicating in order form a reference to VAT). Penalty of forfeiture of this warranty, the Customer has the obligation to report any defects and non-conformities within and no later than 2 (two) months from the discovery, transmitting to the Customer Service at the address– Customer Service. The authorization to return the Products shall not constitute in any way recognition of defects or non-compliance, the existence of which must be ascertained after the return. The Products poptoys has authorized the return shall be made by the Customer, together with a copy of the notice of return authorization bearing the “return Code”, within 30 (thirty) days from the complaint of the defect or non-compliance. In the case of an ascertained defect of conformity (stated that in the first 6 months from delivery of the goods, in the event of complaint of defects, the work a presumption of defectiveness is intrinsic to the well with the absence of the burden of proof borne by the Customer as instead it happens from the 6 month, and 1 day until the 24th of the month).
6.2In the case where, for any reason, not be able to make your Customer a product in guarantee (restored or replaced), Poptoys will proceed at its own discretion to refund the amount paid taking into account the use of the asset or its replacement with a product of equal or superior characteristics.
6.3The timing of repair or replacement of the product depends only on producer policy and no damage can be required Poptoys. for any delays in repairs or replacements.
6.4In cases where the application of the above warranty provides for the return of the product, the product must be returned by Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc...); to limit damage to the original package, it is recommended to be inserted into a second box; should the Customer avoid in all cases the attachment of labels or adhesive tapes directly on the original packaging of the product. The Customer will be given an authorization number to return the product which must be indicated on the outside of the packaging, following the indications provided directly on the e-mail of authorization.
7. Time, manner and costs of delivery
7.1 Poptoys delivery of the products by the courier and/or vectors of trust within 24/72 hours from the order confirmation to the Customer, in function of the availability of the Products. The times for the terms of delivery are indicative and are not binding in any way for Poptoys, and in any case will not exceed 30 days. No responsibility can be attributed to Poptoys in case of delay in execution of the order or delivery of the order.
The Customer can choose the delivery methods you prefer and that best meets your needs among the following options:
- - Express delivery: delivery is quick, within 48 hours from when the order is dispatched from the warehouse;
- - delivery at a Point of Sale : by selecting this shipping method you can pick up the product at one of the Points of Sale without paying any shipping costs, just select the store.
The Customer must then present themselves in the store to pick up the ordered Product with a copy of the e-mail of evasion of the order, with the invoice you received with mail dedicated (ATTENTION! This document is essential for the withdrawal of the Product, and any absence compromises, inevitably the withdrawal of the goods Where the Customer does not receive the email with the purchase invoice, you can download it from your Personal Profile in the Status Of the Orders on the site www.poptoys.it) and an identity document. The Customer will have 7 days to withdraw the Product from the time of delivery at the point of sale, in no case the employees of each store are allowed to return at such other address as the order.
7.3Delivery costs, if any, are the responsibility of the Customer and are clearly indicated in the ordering. Nothing is more due by the Customer with respect to the total order.
7.4Shipping costs are the following:
- for the standard delivery, the cost is 3,99€
- for delivery in 24 hours the cost is 4,99€
- for delivery in the store the shipping is free of charge
, These steps refer to the Products of the standard size. With the exception of all articles that require specific treatment (e.g. bikes, pocket bikes or other products particularly bulky), for which the shipping costs can vary with respect to the schema above.
For the purchase of Products in multi packages or exceeding the amount of € 400,00 Poptoys reserves the right to contact the Customer to confirm the amount due for the shipping costs. Deliveries by courier are made in BUSINESS HOURS, therefore, it is preferable to insert an address where there is always someone for the withdrawal, otherwise the package will go in storage with consequent delay in the delivery and charge of the cost of housing.
If the neck suffers a delay in delivery for events that are not due to poptoys customer will be entitled to a refund of the shipping costs Extra incurred in the case are not present no refund will be due in favour of the customer.
If the customer accepts the delivery, even beyond the deadline of delivery, guaranteed no refund will be due.
7.5The delivery of the ordered means at street level.
At the time of delivery of the Products, the Customer must check:
- that the number of packages that have been delivered corresponds to what indicated in the transport document;
- that the packaging is intact and not altered even in the closing strip.
In case of tampering and/or breaks the Customer will immediately challenge the shipment and/or delivery putting the word "subject to control commodity" on the delivery document received by courier or by another operator.
Then must report any damage within 7 (seven) days from the receipt of the Products according to the methods prescribed by the operator chosen for the shipment and/or delivery and/or by the operator. In the case of non-receipt by the Customer, within 5 (five) working days, of the Products ordered and in stock at the warehouses of the courier, Poptoys will cancel the purchase order due to the impossibility of delivery of the Products to the address indicated by the Customer at the time of the order, with a debit to the latter of the cost of housing/storage of the Products.
It is not will be no delivery to the floor.
For information related to the orders, the Client may use the following contact form. Any complaint will be forwarded to the following address: Ipercommerce srls, Via Col di Lana 87, 0043 Ciampino
Poptoys declines all responsibility for non-delivery arising from causes employees to non-collection, wrong address or entered incomplete or other causes not dependent on his own action or omission. In any case it is always possible to ask the cancellation of the order as per the indications of the following paragraphs.
Any complaint must be sent by registered mail to/r at the following address:
Ipercommerce srls - Via Col di Lana 87 - 00043 Ciampino
Poptoys does not assume any responsibility for disservices due to force majeure such as fires, earthquakes, strikes and/or lockouts, floods and other similar events that prevent, in everything or partly, to give execution in the times agreed to in this contract.
Poptoys will not be liable to Customer or any third party for damages, costs or losses incurred as a result of non-execution of the present contract for the cited causes over, having the Customer shall only be entitled to a refund of the price already paid.
Poptoys will not be responsible of the eventual fraudulent and illicit use which may be made by third parties of credit cards, cheques and other payment media used to pay for the Products.
10. RIGHT OF WITHDRAWAL - NOTICE
pursuant to and by effect of art. 52 of the Consumer Code, as replaced by art. 1 , paragraph 1, of legislative Decree February 21st 2014 n. 21, which has replaced the Chapter I of the Code of the Consumption, limited to the arts. from 45 to 67, with effect from 13 June 2014, pursuant to the provisions of art. 2, paragraph 1, of the same D. Lgs. no. 21/2014, the consumer (ie a person who buys goods for purposes not related to his professional activity, or does the purchase indicating the order form a reference VAT), has a period of fourteen days to withdraw from a distance contract or off-premises contract, without giving any reason and without incurring any costs other than those provided for in article 56, paragraph 2, and article 57 of the Code.
10.2- - In order to exercise this right, the Customer, within 14 calendar days from the date of receipt of the goods
10.3The cancellation right above applies to Product purchased in its entirety; you cannot exercise withdrawal on only part of the product purchased (eg: accessories, software, attachments, etc...); - the right does not apply to: (i) to audiovisual products or to sealed software items (including those annexed to hardware material), once opened; (ii) products made to specifications or clearly personalized. - the purchased goods must be intact and returned in original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc...); to limit damage to the original package, preferably placed in a second box, on which affix the label provided by the carrier used by Poptoys. containing the authorization code. It is necessary for the Customer to avoid to affix labels or adhesive tapes directly on the original product packaging and clearly indicates the sender. Upon arrival at the warehouse, the Product being made pursuant to this article shall be examined to assess any damages or tampering not caused by transport. Remains entirely the Customer's responsibility the responsibility for the loss or deterioration of the returned Products,
10.4The Consumer is responsible for the diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the goods returned are damaged (e.g. with signs of wear, abrasion, scuffing, scratching, deformation, etc), not complete with all parts and accessories (including labels and tags intact and attached to the product), not accompanied by any instructions/notes/manuals, packaging and the original packaging and the warranty certificate, where one exists, the Consumer will be liable for any financial loss of the value of the asset, and will be entitled to the refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the good beyond what is strictly necessary to establish the nature, characteristics and functioning of the same, and put on the original packaging of the Products with other protective packaging that preserves the integrity and protect it during transport from writing or labels.
10.5In the case of withdrawal from the contract will be refunded all payments made in favour of Poptoys , excluding the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any event not later than 14 days from the day when we will be informed of the decision to withdraw. The refund may be suspended until receipt of the goods or until the seals demonstration by the Customer of having sent back the goods, if previous. Such refunds will be made using the same means of payment used for the initial transaction according to the methods indicated in point 5 above, unless the Customer has expressly agreed otherwise; in any case, you will not incur any fees as a result of such reimbursement. If the Customer chooses to be refunded, by bank transfer, it will be his care to promptly provide bank details on which obtain reimbursement (IBAN and account holder).
Model WITHDRAWAL FORM
- pursuant to art.49, paragraph 1, letter h) of the Consumer Code,
- the Recipient [name, geographical address and, where available, telephone number, fax number and e-mail addresses must be inserted by the trader]:
- hereby I/we (*) we notify the withdrawal from my/our (*) contract of sale of the following goods/services (*)
- Ordered on (*)/received on (*)
- The address of the/consumer(s)
- Signature of/consumer(s) (only if this form is notified in paper)
THE personal data requested in phase of forwarding the order are collected and processed to meet the expressed demands of the Customer. Poptoys. it guarantees its Customers the respect of rules on the processing of personal data, governed by the above mentioned Privacy Code. Full information is on the website www.poptoys.it in the Privacy section. Holder of data processing is Ipercommerce srls responsible for the processing and security of personal data processed in the occasion of the management of the site of online sales www.poptoys.it is Ipercommerce srls.
12. JURISDICTION AND FORUM OF COMPETENT JURISDICTION
This contract is intended as concluded in Italy and governed by Italian Law. In the case of a dispute between the Poptoys and a Customer, Poptoys ensures that from now on our participation in an attempted friendly settlement with each Customer will be able to promote
13. The PRESENCE OF FREEBIES/SAMPLE IN the PARCELS OF the ORDERS
you are hereby warn customers that the packaging of products shipped from the site may contain gifts of character, the food/confectionary: users are invited to pay attention in case of opening of the boxes by unaccompanied minors.