[Updated on 2017/12/06]
Immagina 110 S.r.l. (Hereinafter referred to as “IMMAGINA 110”) C.F./ P.I. 10077560968 Lodi (LO) Via Secondo Cremonesi n. 4, is the owner of the website www.clyck.it (“Clyck”).
1. Acceptance of the general conditions of sale
- 1.1. The contract between IMMAGINA 110 and the Customer is concluded once IMMAGINA 110 accepts, even partially, the order. By placing an order in the various ways provided, the Customer states that she/he has read all of the information provided to him/her in this document and/or during the purchase procedure and fully accepts the general and payment conditions transcribed below.
- 1.2. If the Customer is a consumer (or a physical person purchasing the Product for purposes not related to his/her professional business or without indicating reference to a VAT number in the order form as defined in article 3, paragraph 1, letter a) of the Consumer Code – hereinafter referred to as the “Consumer"), when confirming the Order (as defined below), IMMAGINA 110 will send him/her an email together with the confirmation, and the link to these Sales terms that the Consumer will print save or, otherwise, preserve in compliance with the provisions of the Consumer Code on remote sales.
- 1.3. The Customer is not entitled to compensation for damages, indemnity or any contractual or non-contractual liability for direct or indirect damages to people and/or things caused by IMMAGINA 110’s lack of acceptance, even partial, of an order.
2. Purchase method
- 2.1. The Customer can purchase the customisable bracelet (the “Product”) from Clyck. The bracelet will have the features selected by the Customer at the time of access to the section “Create your Clyck” and seen by the same during the selection of the “View Preview” option. The Product will contain a series of 9 (nine) images selected by the Customer and directly uploaded from his/her computer or sharing of pictures uploaded from his/her Facebook or Instagram account. It is understood that the image seen by the Customer when selecting the “View Preview" option may not be entirely and fully representative of its features but differ according to colour, size, and accessories found in the figure. All support information for purchase are intended as mere material for general information and do not refer to the real characteristics of a single product. The Customer may ask for further information at any time using the contacts found in Article 15 below.
- 2.2. IMMAGINA 110 will confirm the correct reception of the order by responding the e-mail sent to the electronic mail address communicated by the Customer (hereinafter the “Order Confirmation”). In addition to the like to these Sales Conditions referred to in Article 1.2 above, the Order Confirmation will indicate the date and time when the order was made and a ‘Customer Order Number’ to be used for any other communication with IMMAGINA 110. The message replicates all the data entered by the Customer, who undertakes to verify the accuracy of such data and to promptly notify the need for any corrections in the manner described in this document.
- 2.3. IMMAGINA 110 ensures to notify the Customer if the order is not accepted promptly.
3. Payment by credit card
- 3.1. If the purchase of the Product is made with Credit Card, at the same time as the online transaction, the reference banking institution will shortly debit the amount relative to the purchase, without further authorisation and according to the technical times of the reference banking system.
- 3.2. Depending on the case, IMMAGINA 110 will be asked to cancel the transaction and reimburse the amount charged in case of cancellation of the order or if IMMAGINA 110 does not accept it. For certain types of cards, the reimbursement times depend exclusively on the banking system and may take at their natural expiry. Once the transaction is cancelled, the Customer expressly acknowledges and accepts that in no case may IMMAGINA 110 be held liable for any direct or indirect damages caused by delay in the failure to release the amount committed by the banking system.
- 3.3. IMMAGINA 110 reserves the right to request additional information from the Customer (e.g., landline telephone number) or the sending of copies of documents proving the ownership of the Card used. If the documents requested are not presented, IMMAGINA 110 reserves the right not to accept the order.
- 3.4. IMMAGINA 110 is not made aware of the purchaser’s credit card information at any time during the purchase procedure since this information is transmitted through a secure connection directly to the website of the bank managing the transaction. IMMAGINA 110 does not have computer archives that will preserve this data. Therefore, IMMAGINA 110 cannot be held liable for any fraudulent or improper use of credit cards by third parties upon payment of the Product.
4. Payment by advance bank transfer
- 4.1. If advance bank transfer is used for payment, the product ordered by the Customer will be kept reserved until receipt of proof of shipment, to be sent to IMMAGINA 110 (through fax or e-mail) not later than 3 business days from the date of acceptance of the order. The product ordered will only be sent upon the actual accrual of the sum due on IMMAGINA 110's current account, which must take place within 7 business days from the date on which the order is accepted. Exceeding this term, the order will automatically be cancelled.
- 4.2. The bank transfer receipt must report:
- The order reference number;
- The date on which the order was made;
- Name and surname of the holder of the order.
5. Payment by PayPal
- 5.1. If PayPal is used for payment of the Product, at the end of the online transaction, PayPal will charge the purchase amount immediately.
- 5.2. If the order is cancelled due to IMMAGINA 110's failure to accept the order, the amount will be re-credited to the Customer's PayPal account at the same time as the cancellation of the order. Times to re-credit the payment instrument chosen in the PayPal account depend exclusively on PayPal and the banking system. Once the amount is reimbursed to the PayPal account, IMMAGINA 110 cannot be held liable for any direct or indirect damages caused by delays in the actual re-crediting, which depends on PayPal or the banking system.
- 5.3. IMMAGINA 110 reserves the right to ask the Customer for further information (e.g., landline telephone number) to determine the actual ownership of the PayPal account. If the documents requested are not presented, IMMAGINA 110 reserves the right not to accept the order.
- 5.4. IMMAGINA 110 is not made aware of the Purchaser’s credit card information or any other methods selected within PayPal at any time during the purchase procedure. Therefore, IMMAGINA 110 cannot be held liable for any fraudulent or improper use of credit cards by third parties upon payment of the purchased products.
6. Delivery costs and method
- 6.1. IMMAGINA 110 will issue an invoice of the sent materials for each order made. The invoice will be sent by e-mail to the holder of the order according to the provisions in force. The information provided by the Customer at the time of the order will be used to issue the invoice. Changes cannot be made to the invoice once it has been issued.
- 6.2. The Customer is responsible for paying shipping expenses, which can be calculated using the form found on the "shopping cart" page once the Product is selected. The Customer will pay the Product using the method chosen when making the order. Nothing other than the total amount of the order is due by the Customer.
- 6.3. IMMAGINA 110 will not be held responsible in case of a delayed fulfilment of the order or the shipping of the ordered product. In any case, if the Customer is a Consumer, IMMAGINA 110 undertakes to deliver the goods to the Customer without delay and at the latest within thirty days from the conclusion of the contract as provided for by Article 61, paragraph 1 of the Consumer Code.
- 6.4. 6.4. IMMAGINA 110 will ship the Product using the guaranteed postal delivery system, which will be certified and personalised to the Product. The Product will be left in the Customer's mailbox; therefore intervention of a courier is not needed. The shipping address, as specified in the specific disclaimer that can be seen at the time of the "Checkout", must correspond to an address with a mailbox that is easily accessible by the postal operator. Otherwise, there may be delays or complications in the delivery. In any case, the Customer may provide additional information and/or special requests for delivery using the box provided on the “Checkout” page of the Website.
- 6.5. 6.5. Upon receipt of the Product, the Customer must check:
- That the number of Products delivered corresponds to those indicated on the transport document sent in advance by e-mail;
- That the packaging is intact, not damaged, is not wet nor otherwise altered, and that the closure materials (adhesive tape or metal strips) are intact.
- 6.6. Any damage to the package and/or the Product or non-correspondence of the number of items or indications must be contested within 30 days from receipt of the Product by a letter sent by registered mail containing the wording "Written Goods Received Subject to Verification" (with specification of the reason for the reserve, e.g. "packaging with holes", "crushed packaging", etc.). Once this communication has been sent, the Customer cannot make