General Conditions of Sale
i’m S.p.A.

Introduction

The i’m Watch brand is owned by i’m S.p.A. with registered headquarters in Piazza Luigi di Savoia, 22 – 20129 – Milan – Italy – VAT No. 07372580964 (hereafter, “i’m S.p.A.”). The sale of the products offered by i’m S.p.A. on the internet website www.imsmart.com is subject to these General Conditions of Sale. Prior to proceeding to purchase the products, we invite you carefully to read these General Conditions of Sale which define the terms and conditions under which i’m S.p.A. sells its products.

Definitions

Website: the internet website www.imsmart.com;

Customer or User: the individual or entity making an order for Products via this or other Websites of i’m S.p.A. and accepted by i’m S.p.A.;

General Conditions: these i’m Watch General Conditions of Sale;

Products: all products sold via the Website.

Conclusion of Contract and Acceptance of General Conditions of Sale

If the Customer is a consumer (i.e. an individual purchasing the goods for purposes extraneous to any business or professional activity performed, or not identifying a VAT number in the order form), the contracts concluded with i’m S.p.A. by accessing the Website are regulated, as well as by these general conditions, also by Italian Legislative Decree 6 September 2005 No. 206 (Consumer Code).

i’m S.p.A. also complies with the obligations resulting from Italian Legislative Decree dated 9 April 2003 No. 70 (Implementation of Directive 2000/31/EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce).

The contract entered into between i’m S.p.A. and the Customer shall be understood to be concluded at the time the order sent by the Customer – in compliance with the purchase procedure identified on the Website – is received at the Website address. The order sent by the Customer will be binding for i’m S.p.A. only if the entire purchase procedure has been properly and correctly completed, without the Website showing any error messages.

By sending the order to i’m S.p.A, the Customer acknowledges that it has read all the indications provided to it during the purchase procedure and accepts the General Conditions in full (by insertion of the mandatory flag before making the order).

Purchasing Methods

The Customer may only purchase Products present in the Website catalogue at the time of sending the order, as described in the respective technical-informative specifications. The order may not be made in relation to Products that, albeit present in the Website catalogue, are indicated as not being available. In any case, the Products present on the Website are offered until stocks last. The image accompanying the description of a Product may not be perfectly representative of its characteristics, but may differ by colour, size or accessory elements present in the picture. The technical information in support of the purchase should be understood to be simple general informative material.

The correct receipt of the order is confirmed by i’m S.p.A. by way of an e-mail communication, sent to the e-mail address identified by the Customer at the time of the order. The confirmation communication will contain the identification number, date and time of making the order, an identification of the Products purchased, the respective price, the delivery costs and any cash on delivery arrangements, the details provided by the Customer for billing and delivery, the payment method chosen by the Customer and a summary of the General Conditions. The Customer must check the content of the communication without delay and notify i’m S.p.A. immediately of any errors or omissions.

Payment Methods

Credit card

When purchasing goods by credit card, at the same time as concluding the transaction online, the respective issuing company will proceed to authorise the debit of the sum relating to the purchase made.

In any case of cancellation or ineffectiveness of the order, i’m S.p.A. will simultaneously request the cancellation of the authorisation obtained and the release of the sum involved. The timescales for release, for some types of cards, depend solely upon the banking system and can last as long as their natural expiry. Once the cancellation of the authorisation obtained has been performed, in no case may i’m S.p.A. be held liable for any damages, direct or indirect, caused by delays in release of the sum by the banking system.

At no time during the purchase procedure is i’m S.p.A. able to access information relating to the buyer’s credit card, sent by way of secure connection directly to the website of the card issuer which handles the transaction. No information archive of i’m S.p.A. will store that data. In no case may i’m S.p.A. therefore be held liable for any fraudulent or illegal use of credit cards by third parties, at the time of payment for Products purchased on the Website.

Delivery Methods and Costs

i’m S.p.A., for all Products on sale, accepts orders from all countries in which shipping services are active via international couriers such as TNT, DHL, UPS, etc.

For each order made on the Website, i’m S.p.A. issues an invoice for the shipped goods, sending it by e-mail or post to the recipient of the order, in accordance with Art 14 Italian Presidential Decree No. 445/2000 and Italian Legislative Decree No. 52/2004. The information provided by the Customer when making the order will be used when issuing the invoice. No change to the invoice will be possible after issue of the same.

Delivery costs are borne by the Customer, in the amount identified in the notice of receipt of the order. Payment for goods made by the Customer will occur using the method chosen at the time of the order.

The delivery of the goods requires the presence of the Customer or its appointee at the address of the recipient identified in the order. When the goods are delivered by the courier, the Customer is required to check: i) that the number of delivered packages corresponds to what is identified in the transportation document (DDT); ii) that the packaging is intact, not damaged or wet or otherwise altered, including the sealing materials.

Any damage to the packaging and/or Product or lack of correspondence of the number of packages or the indications must be immediately notified, affixing a written reservation on the Courier’s proof of delivery. Once the courier’s document is signed, the Customer may no longer make any complaint regarding the exterior characteristics of what has been delivered.

i’m S.p.A. makes every effort to ensure the delivery is made at the set time. The timescales established for the delivery of the goods, however, must be considered to be indicative and i’m S.p.A. cannot guarantee that the delivery will actually be made at the stated time, with the exception of cases where the delivery dates are explicitly confirmed as binding by i’m S.p.A.. The Customer will not be telephoned in advance by the courier. Where the Customer is absent, a second attempt will be made or telephone contact will be made by the courier in order to agree upon a re-delivery within the next 24 hours. Where that re-delivery is unsuccessful, i’m S.p.A. will attempt to contact the Customer to identify and possibly solve the reasons for the lack of delivery.

In the event of a negative outcome, the order will be understood to be cancelled due to the impossibility of making the delivery. The cancellation will be notified by i’m S.p.A. to the Customer via e-mail. Any sum paid by the Customer will be returned, less the costs incurred for the delivery attempts.

Where i’m S.p.A. is unable to provide the Products within the proposed or agreed period, i’m S.p.A. may freely decide to cancel the order and refund to the Customer any sums already paid. If the delay in delivery is not attributable to gross negligence or intent by i’m S.p.A., the latter will be obliged only to refund the amounts already paid by the Customer, with the express exclusion in those circumstances of the right to reimbursement for damages on the basis of the delay.

Where it is unable to deliver the ordered goods as a result of supervening unavailability, even temporarily, i’m S.p.A. shall provide prompt notification thereof to the Customer via electronic mail. Any amount already paid by the Customer will be refunded as soon as possible and in any case no more than thirty days from receipt of the purchase order.

Right of Withdrawal

In accordance with Art. 64 of Italian Legislative Decree No. 206/2005, if the Customer is a consumer i.e. an individual purchasing the goods for purposes extraneous to any business or professional activity performed, or not identifying a VAT number in the order form), he/she is entitled to withdraw from the contract for any reason, without the need to provide explanations and without any penalty, subject to the contents of Articles 7.2, 7.3 and 7.4 below.

The right of withdrawal may be exercised within ten working days from the date of receipt of the goods by way of the procedure identified on the Website.

In any case, the Customer may exercise the right of withdrawal by sending to i’m S.p.A. a written communication in that sense, within ten working days from the date of receipt of the goods. That communication should be sent, by registered letter with acknowledgement of receipt, addressed to: i’m S.p.A. Via Biron 102 int. 2/a 36050 Monteviale (VI), Italy or by fax or e-mail, again within the aforementioned term of ten working days.

1. In this case, the withdrawal should be confirmed by the Customer by sending the communication of withdrawal by registered letter with aknowledgement of receipt, strictly within 48 hours of sending the communication by fax or e-mail.

Once the right of withdrawal has been exercised, i’m S.p.A. Customer Services will proceed to communicate to the Customer – also via e-mail – the address to which to ship the goods to be returned and the authorisation number to be identified on the appropriate returns form, which must be attached to the Product. The Customer must send the entire Product, carefully packaged in its original packaging, avoiding damaging it by using sticky labels or other items, and complete with all its original content, to the address communicated.

Shipping costs for returning the goods, along with all direct costs of returning the goods (therein including any customs duties) are borne by the Customer. The shipment made by the Customer should occur by Courier within ten working days from the communication to the Customer of the address to which to make the shipment of goods and the authorisation number for the return. The shipping process, until confirmation of receipt by i’m S.p.A., is at the liability and risk of the Customer. Upon receipt of the goods, i’m S.p.A. will proceed to verify their integrity and to refund to the Customer the sum for the purchased Product, with the exclusion of transportation costs and direct costs for returning the goods. The refund will be made by bank transfer, to the current account identified by the Customer in the withdrawal form, within the period of thirty days from receipt by i’m S.p.A. of the registered letter of withdrawal, if the goods have been sent by the Customer within ten working days following the communication to the Customer, by e-mail, of the address to which to make the shipment and the authorisation number for the return and if the goods are received intact at the address identified by i’m S.p.A.

The right of withdrawal may be exercised only in relation to the purchased Product in its entirety: it is not possible to exercise the withdrawal for only part of the purchased Product (e.g.: accessories, attached software, etc.). The right of withdrawal may not be exercised in relation to audio-visual Products or sealed computer software (including that attached to hardware material), once opened, along with the supply of custom-made or clearly customised packaged goods or goods which, by their nature, cannot be re-shipped or risk rapid deterioration or alteration. The purchased Product must be returned intact and in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.). The affixing of labels or sticky tape directly on the original packaging of the Product should be avoided. In the case of damage to the goods during transportation, i’m S.p.A. shall provide notification to the Customer of the occurrence (within five working days of receipt of the Product at its warehouses), so as to allow the Customer to raise a prompt dispute with the courier chosen by it and to obtain the refund of the value of the Product (if insured by the Customer). i’m S.p.A. shall not be liable for damage, theft or loss of Products returned by shipping not insured at the care and expense of the Customer.

The right of withdrawal is forfeited in the case of defect of the substantial integrity of the returned goods and thus, by way of example, in the case of: I) absence of the external packaging and/or the original internal packaging; II) absence of supplemental elements of the Product (accessories, cables, manuals, parts, etc.); III) damage to the Product for causes other than its transportation; IV) abnormal state of preservation. In the case of the Customer’s forfeiture of the right of withdrawal, i’m S.p.A. will return to the Customer the purchased Product, charging to the same the shipping costs (therein including customs charges).

The right of withdrawal is also recognised, under the same conditions set out in this article, also to Customers who are not qualified as consumers in accordance with Italian Legislative Decree No. 206/2005.

Warranties

All Products are covered by the manufacturer’s standard warranty and, for Customers who are consumers (individuals purchasing the goods for purposes extraneous to any business or professional activity performed, or not identifying a VAT number in the order form), also the legal warranty for defects in conformity, referred to in Articles 128-135 Italian Legislative Decree No. 206/2005. In order to request assistance under the warranty, the Customer must retain the invoice it will receive via e-mail in electronic PDF format.

The manufacturer’s standard warranty is provided in accordance with the procedures illustrated in the documentation present in the Product packaging. If, following an intervention by an Authorised Support Centre, the defect is found not to be covered by the manufacturer’s standard warranty, the Customer will be charged any costs of verification and restoration requested from the Authorised Support Centre, along with any transportation costs incurred by i’m S.p.A.

The legal warranty in favour of the consumer Customer covers defects in conformity, existing at the time of delivery of the goods, that have manifested within two years from the delivery of the goods. The defect of conformity must be communicated, under penalty of forfeiture, within two months from the date upon which the consumer discovered the defect by way of communication sent to i’m S.p.A. Via Biron 102 – 36050 – Monteviale (Vicenza) – Italy or via the Website. The action against the seller is prescribed in any case to the term of two years from delivery of the goods. In the case of a defect in conformity, the consumer Customer is entitled to the restoration, without cost, of conformity of the goods by repair or replacement, or an appropriate reduction in price and termination of the contract in accordance with the provisions of Art. 130 of Italian Legislative Decree No. 206/2005.

Having received the communication, i’m S.p.A. Customer Services will contact the Customer to communicate the return procedures and number to be indicated on a copy of the form, already sent in advance, to be sent with the Product. i’m S.p.A. will proceed to send its own courier to collect the Product without additional costs for the Customer. The Product must be returned by the Customer, if possible in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.).

The affixing of labels or sticky tape on the original packaging of the Product should be avoided in all cases. Once the Product returned by the Customer has been checked, i’m S.p.A. will proceed to replace or repair it and will ship the Product itself, subject to the provisions of Art. 130 Italian Legislative Decree No. 206/2005. If, following an intervention by an Authorised Support Centre, it is ascertained that the defect reported does not equate to a defect in conformity in accordance with Articles 128 et seq of Italian Legislative Decree No. 206/2005, the Customer will be charged any costs of verification and restoration requested from the Authorised Support Centre, along with any transportation and customs costs incurred by i’m S.p.A.

The Customer may, at its own discretion, use any additional discounted services offered by i’m S.p.A. under the conditions and with the limits and procedures set out by the same each time.

Complaints

Any complaints by the Customer should be sent by e-mail to the following address: [email protected] or in writing to i’m S.p.A., Via Biron 102 – 36050 – Monteviale (Vicenza) – Italy.

Liability of Auxiliary Third Parties

i’m S.p.A. shall not be liable for the actions of third parties which, in the capacity of autonomous auxiliaries, intervene in the management or performance of payment operations, delivery of goods and in any other operation related to the completion of the contracts concluded by way of the Website.

Applicable Law and Court with Jurisdiction

The sale contract between the Customer and i’m S.p.A. is governed by Italian law, with exclusion of the operation of rules of conflict. For civil disputes regarding sale contracts between the Customer and i’m S.p.A. concluded via the Website, if the Customer is a consumer, the territorial jurisdiction is held mandatorily by the court in the place of residence or domicile of the Customer, where located in Italy. In all other cases, the territorial jurisdiction is mandatorily held by the Court of Vicenza.

i’m Watch – CE Marking

i’m S.p.A., with headquarters in Milan, in Piazza Luigi di Savoia, 22 – 20129 – Milan – Italy – VAT No. 07372580964, declares – and the buyer acknowledges – that the Products sold by it via its online website exclusively have the “CE” Marking (Conformitè Européenne) and are, therefore, compliant with the provisions of Directive 1999/5/EC dated 9.3.1999, in relation to radio and telecommunications terminal equipment and the reciprocal recognition of their compliance, and Directive 2001/95/EC dated 3.12.2001 on general product safety of consumer goods not covered by specific regulations.

i’m S.p.A. informs the customer that all risks related to and resulting from use of the Product, along with its reasonable duration in normal conditions of use are set out in the instructions manual contained in the Product packaging and can be consulted online on the website. i’m S.p.A. does not accept any liability or make any guarantee in relation to the absence of further certifications of the Products sold online.

Minors

i’m S.p.A. does not sell its Products to minors. If the Customer is under 18 years old, he/she may proceed with the purchase only under the supervision and control of his/her parents or other adults in their stead.

Changes to Products Sold or Amendment of General Conditions

i’m S.p.A. reserves the right to make changes to the Products sold on its internet website and to these General Conditions at any time. The Customer will be subject to the General Conditions in force at the time of using the internet website www.imsmart.com or ordering one of the Products sold by i’m S.p.A., except where the changes are not required by provisions of applicable laws. Where any one of the provisions of these General Conditions is deemed invalid, void or for any other reason inapplicable, that condition shall not prejudice in any case the validity and effectiveness of the other provisions.

Force Majeure

i’m S.p.A. shall not be liable for any delay or non-fulfilment of the obligations set out by these General Conditions where the delay or non-fulfilment derives from unforeseeable circumstances or force majeure. That provision in any case does not prejudice the rights of the Customer under the Law. The availability of each item is only indicative, has no contractual nature and liability may not be attributed to the seller in the case of lack of availability of one or more products.

The Customer, by purchasing the i’m Watch Products declares that it has read, understood and approved the content of the General Conditions.