Terms of service
Conditions of Sale
The present general conditions have to object the conclusion of a contract of purchase over distance for means of telecom net through the website www.poptoys.it of the society IPERCOMMERCE SRLS., with legal seat in Rome, Road Caio Canuleio 62 codes. Fisc.: and P.IVA: 15177661004 (in succession, called “Poptoys”).
To the senses and for the effects of the art. 47 of the Legislative Decree No 206 in September 6 2005 so like so substituted by the art. 1, paragraph 1, D.Lgs. On February 21 2014, No 21, which has substituted Head I, within certain limits to the pp. with 45 to 67, to pass June 13 2014, in accordance with all that arranged by the art. 2, paragraph 1, of the same D.Lgs. No 21/2014, for “I negotiate over distance” it understands itself “any contract concluded between the professional and the consumer within the bounds of an organised regime of sale or of performance of services to distance without the physical and simultaneous presence of the professional and of the consumer, by means of the exclusive use of one or more average than communication over distance up to the conclusion of the contract, included the conclusion of the contract itself”.
The conditions of purchase are regulated by the dispositions of the Legislative Decree No 206 in September 6 2005 and following modifications and integration (in succession “Code of the Consumption”); while the guardianship of the confidential nature (privacy) is regulated by the dispositions of the Legislative Decree No 196 in June 30 2003 (in succession, "Code in point of protection of the personal data" or “Code privacy”). The present general conditions are valid by the day 19.12.2014 and they will be able to be updated or you modify in any moment, without notice, and they will have validity of the date of publication in the website www.poptoys.it;
There will be, in any case, apply to the client the conditions published on the Site and accepted in the moment about the accomplishment of the on-line order.
In order to purchase products through the Site, you must be of legal age. Any communication from the Customer connected and / or related to the purchase of the products - including any reports, complaints, requests concerning the purchase and / or delivery of the products, the exercise of the right of withdrawal, etc. - must be sent to the contact details and in the manner indicated on the website and at the email address firstname.lastname@example.org. The Site is dedicated to retail and as such is intended for the exclusive use of consumers, as defined pursuant to the Consumer Code. Non-consumers are invited not to execute purchase orders. If one or more sales are made to a non-qualifying consumer, these general conditions of sale will apply but, in derogation from what is provided for in the same:
- the buyer will not be granted the right of withdrawal referred to in article 10;
- the buyer will not be able to benefit from the product warranty indicated in article 8;
- the buyer will not be recognized any other protections, provided here in favor of the consumer, which reflect or comply with mandatory provisions of the law;
the sales contract concluded between Poptoys and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
2. ACCEPTANCE OF TERMS OF SALE
2.1.The conditions set out in the introduction are an integral and substantial part of this contract.
2.2.this Agreement is entered into between Poptoys and the customer (ie a natural person who purchases the goods for purposes not related to his professional activity) (hereinafter "Customer") and must be considered concluded with the acceptance, even partial, of the order from Poptoys. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions transcribed below.
2.3Once the online purchase procedure has been completed, by clicking on the "CONFIRM ORDER WITH PAYMENT" button, the customer will accept the terms and conditions of sale set out in this contract, and authorize Poptoys to debit the total amount indicated, including the contribution for shipping costs.
2.4The customer must print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of articles 50 and following of Legislative Decree 206/05.
3.AVAILABILITY OF PRODUCTS AND PURCHASE METHODS
3.1The Customer can only purchase the Products present in the electronic catalog of the website www.poptoys.it at the time of placing the order, as described in the relative information sheets. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ in color, size, accessory products shown in the figure. All purchase support information is intended as simple generic information material, not referable to the real characteristics of a single product which are instead described in the instruction sheet and on the pack of each Product. The sales prices are inclusive of VAT and any other tax.
3.2The correct receipt of the order is confirmed by Poptoys by means of an e-mail response sent to the e-mail address communicated by the Customer. This confirmation message will report the date and time of execution of the order and order number, to be used in any further communication to Poptoys. The order number that will be assigned at the time of the purchase confirmation is generated progressively and is necessarily unique.
The message re-proposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, using the customer service.
3.3In case of non-acceptance of the order, Poptoys guarantees communication to the Customer by e-mail or telephone within 7 days from the receipt of the summary e-mail.
Poptoys accepts orders for Products within the limits of the quantities existing in the warehouse. Therefore, the acceptance of the purchase proposal by the Customer is subject to the availability of the Products in the warehouse. Poptoys undertakes to promptly communicate to the Customer any unforeseen depletion of stocks due to excess demand or other causes. Any right of the Customer to compensation for damages or indemnity is expressly excluded, as well as in any case any and all liability of Poptoys, contractual or non-contractual, for direct or indirect damage to people and / or things, caused by non-acceptance, even partial , of an order.
4. CUSTOMER OBLIGATIONS AND INDEMNITY
As already specified in paragraph 2.4 above, the Customer undertakes and undertakes, once the online purchase procedure is concluded, to print and keep these general conditions, which he will have already viewed and accepted.
The Customer declares to be of age, as well as that the data provided by him are correct and true. It is forbidden for the Customer to enter false, and / or invented and / or invented data in the registration procedure for the execution of this contract and for the related communications.
It is expressly forbidden to make double registrations or to enter third party data.
The Customer will in any case keep Poptoys harmless and free from any responsibility, burden or cost directly or indirectly connected or consequent by:
- - insertion of incorrect or third-party data;
- - use by the Customer of the website www.poptoys.it;
- - use of customer login credentials by third parties
- - violations by the Customer of these general conditions of sale.
The payment of the Products purchased online can be made by cash on delivery, credit card, paypal and Bank Transfer.
As better specified below, professionals cannot impose additional charges on consumers in relation to the use of certain payment instruments (e.g. credit card).
Cash on delivery
Cash on delivery will be accepted only for purchase orders of Products whose total value is less than € 500.00 and will result in an increase in shipping costs of € 3.00 for each order.
Upon receipt of the package containing the purchased Product (s), the Customer must pay the purchase amount directly to the courier. It is possible to pay only in cash, it is not possible to pay by check.
Payment by credit card
Payment by credit card (Cartasi, Visa, Mastercard, American Express, Postepay) must be made in favor of Poptoys.
In cases where the Customer purchases the Products using a credit card payment method (at the same time as the order is concluded), the Banking Institute will authorize only the debit of the amount relating to the purchase made. In case of cancellation of the order both by the Customer and in the case of non-acceptance of the contract by Poptoys, Poptoys will be required to immediately cancel the transaction and to cancel the amount committed. The release times depend exclusively on the banking system and can reach their expected expiry (24th day from the authorization date). Once the transaction has been canceled, Poptoys cannot in any case be held responsible for delays and / or damages caused by the banking system. Poptoys reserves the right to request additional information or to send copies of documents proving ownership of the card used. If such information and / or copies are not provided, Poptoys reserves the right not to accept the conclusion of the contract. At no time during the purchase process by credit card will Poptoys be able to know the personal information relating to the holder of the payment instrument used since this information will be transmitted directly to the website of the banking institution that manages the transaction via a secure and protected protocol . For this reason, Poptoys cannot be held responsible for any fraudulent use of credit cards by third parties when paying for products purchased on its site or similar events
Payment via PayPal will be made in favor of Ipercommerce srls.
In case of purchase through the PayPal payment method, at the conclusion of the order, the Customer is directed to the PayPal login page. The amount relating to the order is debited from the PayPal account when the order is acquired. In case of cancellation of the order, both by the Customer and in the case of non-acceptance of Poptoys, the amount will be refunded to the Customer's PayPal account within the third day following the cancellation of the order.
Once the transaction has been canceled by Poptoys, in no case will the latter 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 process Poptoys is able to know the customer's financial information. Since there is no data transmission, there is no possibility that this data will be intercepted. No Poptoys computer archive contains or stores such data. For each transaction made with the PayPal account, the Customer will receive a confirmation email from PayPal.
Payment by bank transfer will be made in favor of Ipercommerce srls.
In case of purchase through this method of payment, the transfer must be made to a current account in the name of Ipercommerce srls, whose IBAN will be sent by e-mail, specifying the order number in order to confirm the payment. The amount relating to the order will be credited within three days of the execution of the transfer by the Customer. In case of cancellation of the order, both by the Customer and in the case of non-acceptance of Poptoys, the amount will be refunded to the Customer's account always by bank transfer in the shortest possible time and in any case within 14 days. Once the cancellation of the transaction has been requested, Poptoys cannot be held liable for any damages, direct or indirect, caused by delay in not releasing the amount committed. At no time during the purchase process poptoys is able to know the customer's financial information. Since there is no data transmission, there is no possibility that this data will be intercepted. No Poptoys computer archive contains or stores such data. For each transaction made with the bank transfer, the customer will receive a confirmation email.
6.1All products sold on the www.poptoys.it portal are covered by the manufacturer's conventional warranty and by the 24-month warranty for lack of conformity, pursuant to articles 128 and following of the Consumer Code. To benefit from the warranty assistance, the Customer must keep the invoice or the equivalent accompanying document.
The 24-month warranty pursuant to the aforementioned Consumer Code applies to products that present a lack of conformity, provided that the product has been used correctly, in compliance with its intended use and as provided in the attached technical documentation. This guarantee is reserved for the private consumer (natural person who buys the goods for purposes not related to his professional activity, or makes the purchase without indicating a VAT number on the order form). Under penalty of forfeiture of this warranty, the Customer has the burden of reporting any defects and non-conformities no later than 2 (two) months from the discovery, by sending the Customer Service to the address - Customer Service. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which poptoys has authorized the return must be returned by the Customer, together with a copy of the return authorization communication containing the "Return code", within 30 (thirty) days from the notification of the defect or non-compliance. In the event of ascertained lack of conformity (it should be noted that in the first 6 months from delivery of the goods, in the event of a complaint of defectiveness, a presumption of intrinsic defectiveness of the asset operates, excluding the evidentiary burden on the Customer as it happens from the 6th month and 1 day up to 24 months).
6.2In the event that, for any reason, it is unable to return a product under warranty (restored or replaced) to its Customer, Poptoys will proceed at its discretion to return the amount paid taking into account the use of the goods or to replace them. with a product of equal or superior characteristics.
6.3The time to repair or replace the product depends exclusively on the manufacturer's policies and no damage can be requested from Poptoys. for any delays in carrying out repairs or replacements.
6.4In the cases in which the application of the guarantee of which above it foresees the restitution of the product, the good will have to be returned at the Client's in the original, complete manufacture in all the his parts (I understood package and possible documentation and accessory endowment: manuals, cables, and so on...); to limit damages to the original manufacture, the insertion is recommended in a second box; it is suitable that the Client avoids in all the cases the apposition of labels or adhesive tapes directly on the original manufacture of the product. There will be supplied to the Client a number of authorisation for the return of the product that will have to be indicated to the outside of the package, following the indications you supply directly in relative authorisation e-mail.
7. Times, manners and expenses of delivery
7.1 Poptoys delivers the products, to half a messenger and / or vectors of trust within 24/72 hours with the confirmation of the order of the Client, as the availability of the Products. The times for the delivery terms are indicative and are not in no way binding by Poptoys and in any case they will not exceed 30 days. No responsibility can be charged to Poptoys in case of delay in the escape of the order or in the delivery with all that organised.
The Client will be able to choose the manner of delivery that he prefers and that better satisfies your necessities between the next options:
- - it delivers with Messenger Espresso: manner of swift delivery, within 48 hours of when the order is escaped from the warehouse;
- - delivery close to an Outlet: selecting this forwarding manner he will be able to withdraw the product close to one of the Outlets without paying any forwarding expense: it is sufficient to select the business.
The Client will must present himself then in business to withdraw the Product organised with a copy of the e-mail of escape of the relative order, with the invoice received with mail dedicated (ATTENTION! This document is essential for the withdrawal of the Product and the possible absence compromises inderogabilmente the withdrawal of the goods There where the Client does not receive the mail with the purchase invoice, it can unload it at the own Personal Outline in the state Of the Orders on the site www.poptoys.it) and an identity document. The Client will have at disposal 7 days to withdraw the Product of the moment of the delivery at the outlet, in no case the attached of each business are given permission to send nearby another address the order.
7.3The delivery expenses, if you present, are to cargo of the Client and they are made clear clearly during accomplishment of the order. Nothing is owed in any more the Client compared to the total of the order.
7.4The forwarding costs are the next ones:
- for standard deliveries the cost is 3.99 €
- for deliveries in 24h the cost is 4.99 €
- for delivery in business the forwarding is free
Such groups refer to Products of standard dimensions. They make exception all the articles that ask for specific treatment (for example. bicycles, minimotion or other particularly voluminous products), for which the forwarding costs can undergo variations compared to the scheme above shown.
For the Products purchases it fines necks or from superior sum to 400.00 € Poptoys it intends to contact the Client to confirm the sum owed for the expenses of forwarding. The deliveries to half a messenger are made in WORKING SCHEDULE therefore it is preferable to insert an address close to which someone is always present for the withdrawal, otherwise the pack will go to stock with consequent delay in the delivery and possible charge of the expenses of custody.
If the neck undergoes delays in the delivery for events not owed to poptoys the client will have right to the repayment of the alone reserved expenses of Extra forwarding, in the case not he presents any repayment it will be due to favour of the client.
If the client accepts the delivery also over the term of forwarding guaranteed no repayment it will be due.
7.5The delivery about all that organised it knows a lot to the plan sets out on her journey.
At the time of delivery Products the Client will have to check:
- what does the number of the necks that have been delivered to him return to how much indicated in the document of transport;
- that the package turns out to be integral and not altered also in the closing ribbons.
In case of violations and / or breaking the Client will must contest immediately the forwarding and / or the delivery appending the written "reserve of control goods" over the document of delivery received from the messenger or from another operator.
Subsequently it will have to signal possible damages within 7 (seven) days with the receiving of the Products according to the formalities foreseen by the operator chosen for the forwarding and / or delivery and / or the operator. In case of unsuccessful withdrawal from the Client, within 5 (five) working days, tidy and present Products in stock close to the warehouses of the messenger, Poptoys will cancel the purchase order because of the impossibility of delivery of the Products themselves to the address indicated by the Client to the moment of the order, with charge to this last expenses of custody / stock of the Products.
Not é foreseen no delivery to the plan.
For information relative to the orders the Client will be able to use the next contact form. Any claim potrá to be forwarded to the next address: Ipercommerce srls, Road With that of Wool 87, 0043 Ciampino
Poptoys declines each responsibility for the unsuccessful address ensuing from causes dependent from unsuccessful withdrawal, address wrong or inserted in not complete way or other causes not dependent from own action or omission. In any case it is always possible to ask for the cancellation of the order as indications of the next paragraphs.
8. IT COMPLAINS
Registered letter will have to be forwarded any claim to means a/r to the next address:
Ipercommerce srls - Road With that of Wool 87 - 00043 Ciampino
Poptoys does not assume any responsibility for disorganisation owed because of greater strength which fires, earthquakes, strikes and / or dikes, floods and other similar events that were preventing from giving, in all or in part, execution on the times agreed to the present contract.
Poptoys will not be responsible persons towards the Client or of third persons for damages, costs or losses undergone following the unsuccessful execution of the present contract for the above-mentioned causes, having the straight Client only to the restitution of the price in case already returned.
Poptoys will not be responsible for the possible fraudulent and illicit use that could be done from third persons, of credit cards, allowances and other means of payment used for the payment of the Products.
10. RIGHT OF RECESS - INFORMATIVE REPORT
To the senses and for the effects of the art. 52 of the Code of the Consumption, so as substituted at the art. 1, paragraph 1, Dlgs's on February 21 2014 No 21, which has substituted Head I of the Code of the Consumption, within certain limits to the pp. with 45 to 67, to pass June 13 2014, in accordance with all that arranged by the art. 2, paragraph 1, of the same D.Lgs. No 21/2014, the consumer (or rather a physical person who purchases the goods for not concerning reasons to the own professional activity, or it does not make the purchase indicating in the order form a VAT registration number reference), has a period of fourteen days to withdraw from a contract over distance or negotiated outside commercial premises without not must supply any motivation and without must support costs different from those foreseen to the article 56, paragraph 2, and to the article 57 of the Code.
10.2- - To exercise such right, the Client, within 14 solar days of the date of receiving of the goods
10.3The right of recess of which above it is applied to the Product purchased completely; it is not possible to exert recess only over part of the product purchased (for example: accessories, enclosed software, and so on...); - the right does not apply itself: (i) to the audio-visual products or to information software sealed (me understood those enclosures to material hardware), once opened; ((ii)) to the products made up on measure or clearly personalised. - the purchased good will have to be integral and returned in the original, complete manufacture in all the his parts (I understood package and possible documentation and accessory endowment: manuals, cables, and so on...); to limit damages to the original manufacture, preferably inserted into a second box, on which appending the label supplied by the vector used by Poptoys. brought back the code of authorisation to the return. It is necessary that the Client avoids appending labels or adhesive tapes directly on the original manufacture of the product and indicates clearly the sender. On arrival in warehouse, the Product object of returned in accordance with the present article will be examined to value possible damages or violations not ensuing from the transport. There remains entirely at cargo of the Client the responsibility for the loss or the deterioration of the returned Products
10.4The Consumer is responsible for the decrease of the value of the properties resulting from a manipulation different from that one necessary to establish the nature, the characteristics and the functioning of the properties. Therefore, if the returned properties turn out to be damage (for example with mark of usury, abrasion, scratch, scratch, deformations, and so on), do not complete of all the their elements and accessories (there it included the labels and the labels unchanged and attached to the product), do not equip you at the instructions / enclosed signs / manuals, at the manufactures and original packages and at the certificate of guarantee, where present time, the Consumer will answer for the patrimonial decrease of the value of the good, and will have right to the repayment of the sum equal to the residual value of the Product. With such a purpose, therefore, the Consumer is invited not to manipulate the good over all that strictly necessary to establish the nature, the characteristics and the functioning of the same ones and to cover the original covering with the Products with another protective package that keeps the integrity it and protects it during the transport also from inscriptions or from labels.
10.5In case of recess at the contract there will be reimbursed all the payments made in favour of Poptoys, excluded the costs from delivery (with exception of the supplementary costs ensuing from the possible choice of a type of delivery different from the least expensive offered type of standard delivery), without undeserved delay and in any case not over 14 days the day in which we will be informed about the decision of withdrawing. The repayment can be hung up to the receiving of the properties or up to the happened demonstration from the Client of having sent the properties, if it precedent. Called repayments will be made when there was using the same means of payment used for the initial arrangement according to the formalities indicated at the point 5 that precedes, unless the Client has not gathered expressly otherwise; in any case, it will not have to assert any cost which consequence of such a repayment. If mediated credit transfer decides to be reimbursed the Client, it will be his care to supply at the right time the bank co-ordinates on which to obtain the repayment (IBAN and holder of the current account).
FORM OF RECESS TYPE
- in accordance with art. 49, paragraph 1, lett. h) of the Code of the Consumption
- Addressee [the name, the geographic address and, if disposable, the number of telephone, of fax and the addresses of e-mail must be inserted at the professional's]:
- With present time I / we (*) notify the recess with mine / ours (*) contract of sale of the next properties / services (*)
- Organised (*) / received (*)
- Name of / of the consumer (i)
- Address of / of the consumer (i)
- Signature of / of the consumer (i) (alone if the present form is notified in papery version)
The personal data asked in phase of dispatch of the order are picked up and dealt in order to satisfy the expressed requests of the Client. Poptoys. guarantees to the own Clients the respect of the normativeness in point of treatment of the personal data, disciplined at the respondent's Codice's Privacy. Complete informative report on the site www.poptoys.it in the section Privacy. Holder of the treatment of the data is Ipercommerce srls responsible for the treatment and for the certainty of the personal data dealt in occasion of the management of the site of on-line sales www.poptoys.it is Ipercommerce srls.
12. JURISDICTION AND COMPETENT FORUM
The present contract understands itself concluded in Italy and regulated at the Italian Law. In case of controversies between Poptoys and a Client, Poptoys guarantees up to in hour our participation in an attempt of friendly settlement that each Client will be able to promote
13. PRESENCE OF OMAGGI/SAMPLE IN THE PACKS OF THE ORDERS
With present time the clients are informed that the manufactures of the products sent by the site might contain tributes of alimentary / confectionery character: they invite the users to pay attention in case of opening of the boxes from smaller not accompanied.