Termos do serviço

Terms and Conditions. 

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

Products purchased on the site ("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 "Provider") 

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

iotty is a trademark of IOTTY s.r.l. 

The Terms and Conditions will remain valid and effective until amended and/or supplemented by iotty. 

Any amendments and/or supplements to the General Conditions will be effective as of the date they are posted on the Store and will apply to sales made on or after that date. The latest updated version of the General Conditions is the one that can be found on this page.  

  

Scope of validity, definitions, authorization for modification 

For the business relationship between the Supplier and the "Customer," the following General Terms of Business apply exclusively in the version in force at the time of the conclusion of the contract. Where reference is made in these General Terms of Business 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 freelancers. "Customers" are, for the purposes of these general business terms and conditions, both Consumers and Entrepreneurs. If deadlines are stated in business days, they are understood to mean all days of the week except Saturdays, Sundays, and legally prescribed holidays. 

The "Customer" represents and warrants that he/she is a consumer and that the information provided by him/her for the execution of the Contract is correct and true.  

  

Scope of Application. 

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

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

The subject of the contract 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 can be accessed 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 become necessary, the Supplier will inform the Customers in time.  

  

Contract Conclusion. 

All Supplier's offers are without commitment and non-binding.  

The contract is concluded when the Customer receives from the Supplier, at the indicated e-mail address, the confirmation e-mail of the submitted purchase order. This confirmation message will contain an order summary 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 may identify and correct any data entry errors by promptly notifying support@iotty.com  

  

General obligations of the Customer 

The Customer ensures that the data communicated to the Supplier when placing the order are correct and complete. He undertakes to promptly inform the Supplier about the change of the communicated data and, upon corresponding request of the Supplier, to confirm their correctness again within 15 days of receipt. This particularly concerns names, postal addresses, email addresses and telephone numbers of the Customer, possibly its legal form and details of the selected payment method.  

  

Availability of Products  

Confirmation of a product's availability at the time of ordering is visible on the Site. Since the simultaneous access of many user-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 a reassortment is possible, an extension of the delivery terms, proposed by the Supplier, indicating the new delivery term;  

- if a reassortment is not possible, the Supplier will provide a different product, of equivalent or higher value, subject to payment, in the latter case, of the difference, if any, and upon express acceptance by the Customer;  

- the Supplier will offer a discount voucher to be spent on purchases on the Site. The amount of the discount voucher, the period within which it may be used and any limitations will be communicated by the Supplier from time to time.  

If a refund is requested for the amount paid for the purchase of Products that later turned out to be unavailable, the Supplier will make the refund within a maximum period of 15 days.  

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

In the case of orders involving 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 shall be deemed partially terminated limited to the product and/or products that have become unavailable, without prejudice to the possibility for the Customer to cancel the entire order. In this case, the Customer shall be entitled to obtain a refund limited to the unavailable product(s).  

 

Information Sheet  

Each Product is accompanied by an information page explaining 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 with the tolerances of use. 

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

 

Prices and terms of payment  

The prices on the pages of this website at the time of order shall apply. In case of shipping charges, the Supplier will inform about their amount during the order process. All prices shown on this website shall be understood to include the value-added tax prescribed 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 sight invoice, the amount must be settled within 14 days after receipt of the invoice. If the customer delays in settling an invoice, the Supplier is entitled to charge a flat-rate reminder fee for each reminder made. For each unpaid and/or rejected charge or credit card payment, the Supplier is entitled to charge a lump sum on the invoice, unless the Customer proves that the event causing the damage is not his fault. The Customer, is allowed to prove that no damage occurred or that the same is less than the lump sum amount.  

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 such 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 on 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 when the order is taken. With each executed transaction you will be sent a confirmation e-mail from PayPal. In case of cancellation the amount is refunded to the customer's PayPal account.  

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

Other means of payment that can be activated by the Customer (e.g., ApplePay) are presented in the appropriate section and on the footer of the Site. 

At no time during the purchase process is iotty able to know Customer's credit card information, which is transmitted, via secure connection, directly to the site of the card issuer or payment system. No computer file of iotty stores such data.  

 

Delivery and retention of title 

Deliveries are made to the addresses given when the order is placed. It is the Customer's responsibility to ensure that delivery can be made to the delivery address indicated by him/her during usual business hours. Delivery usually takes place within two weeks after the Customer's acceptance of the request to conclude the contract. In case of non-delivery due to the absence of the recipient at 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 for the recipient, the package is not picked up, the package will be returned to the Supplier and the Supplier reserves the right to withdraw from the contract. In case of force majeure, the delivery time will be lengthened proportionately. Force majeure includes, inter alia, strikes, lockouts, measures of authority, shortages of energy resources and raw materials, transportation 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 end of such delivery impediments will be promptly communicated by the Supplier. In case of delays in delivery of more than two weeks, the Customer has the right to withdraw from the contract. In this case the Supplier is also entitled to terminate the contract. Payments already made by the Customer will be promptly refunded. Upon delivery, the Customer is required 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 courier's transport document, and the Customer must refuse the delivery. At the same time, the Customer will be required to notify the Supplier no later than two weeks after receipt of the devices, so that the Supplier can assert the transport damage against the logistics company in charge of delivery, by writing to support@iotty.com. Should the Customer accept the delivery even if the packaging is damaged or tampered with, the Customer will forfeit the legal warranty of conformity of the devices. In general, in case of return it will be the Customer who 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 the Customer has paid for them in full. 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. On the other hand, the risk of loss of or damage to the devices, due to causes not attributable to Supplier, shall be transferred to Customer when Customer, or a third party designated by Customer and other than the carrier, takes physical possession of the devices. 

 

Limitations of Liability   

The Supplier assumes no liability for inefficiency attributable to force majeure in the event that it fails to execute the order within the time stipulated in the contract. The Supplier shall not be liable to the Customer for inefficiencies, malfunctions, any loss of data, indirect, special, incidental, emergent damages (including loss of profits or data), or any other damages including those caused by weather (including lightning) or natural disasters. The Supplier shall also not be liable for any damages, losses, or costs incurred by the Customer as a result of the non-performance of the contract due to causes beyond its control. The Supplier assumes no liability for any fraudulent and illicit use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the purchased products, if it proves that it has taken all possible precautions based on the best science and experience of the time and in accordance with ordinary diligence. Under no circumstances shall the Customer be held liable for delays or mishaps in payment if it proves that it has made the payment itself in the time and manner indicated by the Supplier. The Supplier recommends that the installation of the devices be carried out by specialized personnel. If the installation is performed by third parties hired by the Customer (e.g., installation company), they will be liable for all damages resulting from improper installation. Own installation of the Supplier's devices, is always done at the Supplier's own risk. The Supplier is not liable for damage resulting from improper installation, use, handling, operation, or storage. If not already excluded by the preceding rules, the Supplier's liability for damage to the devices connected to the devices is excluded, unless the damage is clearly attributable to the operation of one of the Supplier's devices. The proof is 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 necessary due to cogent reasons, such as necessary maintenance operations on servers or programs and/or necessary infrastructure, in the event of unlawful attacks on data or computers, to resolve unpredictable security holes or other serious malfunctions. In such cases, the devices' own regulatory intelligence will be activated to the extent possible. Such 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 any reason whatsoever and regardless of the type of claim, whether from 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 presupposes the presence at the installation location, of a functioning and continuous Internet connection. A mobile data connection is also required to fully utilize the mobile applications. Setting up and maintaining the functionality of internet connections is the responsibility of the Customer. In the online store or via the Provider's applications, an installation by a specialized company (installation service) can be ordered separately. The Supplier reserves the right to have the installation service performed by a third party. 

 

Limited Product Warranty 

All Products sold on the Site carry the Legal Guarantee of Conformity provided by the European Directive 1999/44/EC. Supplier warrants to the owner of the device that the product ("Product") is free from defects in materials and workmanship for a period of two (2) years (or one (1) year for factory reconditioned products) from the date of delivery following original purchase (the "Warranty Period"). If the Product fails to comply with this Limited Warranty during the "Warranty Period," the Supplier will, at its sole discretion, 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 it is no longer available, the Supplier may replace the Product with a similar one or similar function, at the sole discretion of the Supplier. Any Product that has been repaired or replaced under this Limited Warranty shall be covered by the terms of this Limited Warranty for the longer 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 virtue of such transfer. Before this Limited Warranty may be invoked, the owner of the Product must notify the Supplier of its intention to invoke the warranty by visiting support.iotty.com during the Warranty Period and provide a description of the alleged defect, and (b) observe the return shipping instructions. The Supplier shall have no warranty obligations with respect to a returned Product in the event that the Supplier determines, in its reasonable discretion upon examination of the returned Product, that the Product is an unsuitable Product. The Supplier will bear the cost of return shipping to the owner, except that in the case of any ineligible Product, in which case the owner will bear all shipping costs. The Supplier may require a copy of the proof of purchase specifying the date of purchase, name and location of the supplier, also may require the serial and model number of the product found 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 undergone: (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 the 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 protective 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. The Supplier recommends using only authorized service providers for maintenance or repairs. Unauthorized use of the Product or software may impair the performance of the Product and void this Limited Warranty. The Supplier shall have the right to require the Customer to attach the purchase invoice or other document evidencing the date of completion of the sale to the item for which it intends to enforce the warranty. The Customer shall have the right to request termination of the contract of sale. In no case shall a minor lack of conformity entitle the Customer to terminate the contract.  

 

Obligations of the Customer 

The Customer undertakes to pay the price of the goods purchased in the time and manner specified in the Contract. The same agrees, once the online purchase procedure is concluded, to the preservation of this contract together with a copy of the order 

 

Right of withdrawal and cooling-off period 

In addition to the 14-day right of withdrawal established by Article 40 of the European Directive DIRECTIVE 2011/83/EU, iotty offers a right of second thought extended to 30 days without conditions and without penalty and free product take-back. The 14-day period runs 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 consumer acquires physical possession of the last lot or piece.  

 

To exercise it, the customer should write to support@iotty.com or iotty@pec.iotty.com indicating the order reference and wait for an email response with instructions for returning the products. The return shipping of the product will be borne by iotty. In the return request email, an explanation of why you decide to return the product is welcome - but not necessary for the purpose of return authorization - 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.  

 

The Supplier shall be entitled to withhold the refund until it has received the Products or until the Customer has demonstrated that it has returned the goods, whichever situation occurs first.  

 

To receive a refund, you must return the Product (and any promotional merchandise that came with the Product) within fourteen (14) days from the day IOTTY customer service authorized 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 hoods)  

 

Protection of confidentiality and processing of buyer's data. 

In all data processing procedures (e.g., surveying, processing, and transmission), the Supplier shall act in accordance with the provisions of the law as outlined on the privacy policy page: https://iotty.pt/policies/privacy-policy.

 

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  

 

Arrangements for archiving the contract 

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

  

Customer service, complaints and communications 

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

All communications, which under the General Conditions are made by e-mail, will be transmitted to the address communicated by the Customer at the time of purchase.  

   

Applicable law and place of jurisdiction 

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