Legal Information
This website (hereafter named “Website”) is property of i’m SpA (hereafter named “i’m SpA”) with registered office in Piazza Luigi di Savoia, 22 – 20129 – Milan – Italy – VAT no. 07372580964
1. If the Customer is a consumer (i.e. a natural person purchasing goods for purposes outside his/her business or professional activity or purchasing without indicating a VAT number on the order form), contracts stipulated with i’m SpA through the Website are in accordance with regulations of Legislative Decree no. 206 of September 6, 2005 (Consumer Code). i’m SpA also complies with provisions set forth in Legislative Decree no. 70 of April 9, 2003 (Transposition of E-Commerce Directive 2000/31/CE on certain legal aspects of information society services, in particular e-commerce, in the Internal Market.).
2. The contract stipulated between i’m SpA and the Customer is to be intended as concluded when the order submitted by the Customer – in respect of the purchase procedure indicated on the Website – reaches the Website address. The order submitted by the Customer shall only be deemed binding for i’m SpA if the entire purchase procedure has been accurately and correctly completed and the Website does not return any error messages.
3. On submitting the order to i’m SpA, the Customer acknowledges and declares to have viewed all the information supplied during the purchase procedure and accepted in whole all general terms and conditions of sale (flag required before submitting the order).
4. Customer shall only purchase goods present on the Website catalogue at the time of order placement, as described in the relevant technical-informative specifications. Orders cannot be placed for products that, even though present on the Website catalogue, are indicated as not available. In any case, products present on the Website shall be available until stocks last. Product images included in the descriptions may not perfectly represent the product’s characteristics but may differ in colour, size or for accessories shown in the picture. Technical information given to support purchasing is supplied on an ‘for information purposes only’ basis.
5. Correct receipt of order shall be confirmed by i’m SpA by email sent to the email address supplied by Customers during order placement. The order confirmation shall indicate identification number, date and time of order, list of purchased products, relevant prices, delivery charges and cash on delivery collection (if the case), details supplied by Customers for invoicing and delivery, payment terms chosen by Customers and a summary of the general terms and conditions of sale. Customers must immediately check the contents of the communication and promptly inform i’m SpA of any errors or omissions.
6. Credit card.
In case of purchase of goods with credit card payments, contextually to the conclusion of the online transaction, the issuer of the credit card shall authorise payment only for the amount relevant to purchase made. The amount relevant to goods already dispatched, even if partial, shall be charged to Customer’s credit card only once i’m SpA has been notified by the courier that ordered goods have been duly delivered.
7. In case of order cancellation or annulment and at the same time, i’m SpA shall require cancellation of payment authorization obtained and clearance of the amount secured. For some types of cards, clearing times depend solely on the banking system and can coincide with the cards’ normal expiration dates. Once payment authorization has been cancelled, in no case shall i’m SpA be held liable for direct or indirect damages caused by delays due to lack of clearance of amounts secured by the banking system.
8. Should any Customer orders be processed just a few days before the credit card authorization expires, i’m SpA shall, in any case and even if prior to goods delivery, charge the due amount to the Customer’s credit card in order to avoid expiry of the authorization confirmation for such transactions.
9. During no phase of the purchase procedure, shall i’m SpA be able to access confidential payment details, relevant to Customer credit cards, transmitted via secure socket connections directly to the website of the card issuer handling the transaction. Such details shall not be stored on i’m SpA’s servers. Therefore, in no case shall i’m SpA be held liable for any possible fraudulent or illegal use of credit cards by third parties on payment of goods purchased on the Website.
10. Prepaid Bank Transfer.
The prepaid bank transfer payment method is subject to limitations, provided each time, in the purchase procedure that Customers must comply with when submitting an order. In case of prepayments by bank transfer, delivery of goods ordered by Customers shall be kept on hold until the amount due is credited to i’m SpA’s bank account. The bank transfer shall be due by Customers within three working days from receipt of the order confirmation email; Customers are required to provide proof of bank transfer by sending a copy of the same within seven working days from receiving the order confirmation email. Amounts transferred to i’m SpA’s account shall be credited within eight working days from receiving the order confirmation email. Should any one of the three abovementioned terms expire, the order shall automatically be intended as cancelled and goods shall not be dispatched. The bank transfer payment must indicate: I) purchaser’s name and surname or company name; II) order reference number; III) date of order.
11. i’m SpA accepts orders for all goods on sale, to be delivered to countries with delivery services operated by international couriers such as TNT, DHL, UPS, etc.
12. For all orders placed through the Website, i’m SpA shall issue an invoice for all goods dispatched and shall send copy via email or regular mail to the Customer , pursuant to article 14 of Italian Presidential Decree no. 445/2000 and Legislative Decree no. 52/2004. Invoices shall be issued on the basis of the details supplied by the Customer during order placement. It will not be possible to modify the invoice once the same has been issued.
13. Delivery charges shall be borne by Customers for the amount stated in the order confirmation. Customers shall settle the payment of goods as per payment method chosen during order placement.
14. Goods shall be delivered to Customers in person or to their representative at the address indicated in the order. Upon receipt of goods, Customers shall check that: i) the quantity of items delivered corresponds to the quantity of items indicated on the delivery note (in Italy identified as DDT); ii) outer and inner packaging is intact, not damaged, not wet nor tampered with in any manner. In the event of any possible damages to the packaging and/or to the goods, receipt of different quantities or other information must be immediately reported, by reserving the right to check in writing on the Courier’s proof of delivery. Once the courier’s official Proof of Delivery note has been signed, the Customer shall not be able to raise any complaint concerning the other characteristics of the delivered goods.
15. Exceptions made to the term of thirty days from order receipt, any delivery dates given are to be considered as indicative only. The courier will not call the Customer to notify delivery (except for the delivery of bulky white goods as previously indicated in item 13). Should Customer not be present at the time of delivery, a second delivery attempt shall be made or courier shall call the Customer in order to arrange for a new delivery within the following 24 hours. Should the second delivery attempt be unsuccessful, i’m SpA shall try to contact the Customer in order to define and, if possible, solve the causes of the missed delivery. Should this attempt also be unsuccessful, the order shall be considered cancelled due to the impossibility to deliver. i’m SpA shall inform the Customer via email of the cancellation. Any amount already paid by the Customer shall be refunded, after deducting all charges incurred for the attempted deliveries.
16. If unable to deliver ordered goods due to sudden, even temporary unavailability/shortage, i’m SpA timely inform Customers by email. The amount which may already have been paid by the Customer shall be refunded as soon as possible and, in any case, no later than thirty days from receipt of the purchase order.
17. Pursuant to article 64 of Legislative Decree no. 206/2005, if the Customer is a consumer (i.e. a natural person purchasing goods for purposes outside his/her business or professional activity or purchasing without indicating a VAT number on the order form), he/she has the right to withdraw from the contract, for any reason whatsoever, without explanations and penalties, exception made for what indicated under the following articles 17, 18 and 19.
18. To exercise their cancellation rights, Customers shall send i’m SpA a communication on the matter within ten working days from date of goods receipt. This communication shall be sent, by using the appropriate cancellation form (downloadable from the Website under “Your rights” in the Information section), by registered mail with delivery confirmation, addressed to: i’m SpA Via Biron 102 int. 2/a 36050 Monteviale (VI) Italy or by fax or email always within ten working days. In this case, cancellation must be confirmed by Customers by submitting the cancellation form by registered mail with delivery confirmation, strictly within 48 hours from the sending of the communication via fax or via email. Once the cancellation form, sent by registered mail with delivery confirmation, is received, i’m SpA’s Customer Service will provide Customers – via email – with the address to which the goods should be returned and authorization number to be indicated on the return form that shall accompany the goods. Customers must send goods, carefully packed in their original packaging, to avoid damage, with adhesive labels or similar and complete of all parts originally supplied, to the given address. Delivery charges for the return of goods shall be borne by the Customer. Deliveries carried out by Customers must be made by courier within ten working days from the email communication to the Customer of the address for goods return and return authorization number. Delivery, until receipt has been confirmed by i’m SpA, shall remain at the Customer’s responsibility and risk. Upon receipt of goods, i’m SpA shall check integrity and fully refund Customer with the amount paid for the goods purchased, excluded any delivery charges. Refunds shall be made through bank transfer to the current account indicated by the Customer in the cancellation form within thirty days from receipt by i’m SpA of the cancellation form sent via registered mail and on the condition that the Customer dispatched the goods within ten working days from receiving the email giving the delivery address and return authorization number and that goods sent to the address indicated by i’m SpA were received in good condition.
19. Cancellation rights can only be exercised with regards to goods purchased as whole items; it is not possible to exercise cancellation rights only on a part of the goods purchased (e.g.: accessories, software included, etc.). Cancellation rights cannot be exercised in relation to AV products or to sealed computer software (including those supplied together with hardware) once opened and neither to the supply of customised or expressly personalised goods or goods that, due to their nature, cannot be returned or are at risk of rapid deterioration or alteration. The purchased product shall be returned whole and in its original packaging, complete of all its parts (including packaging, any documentation and accessory equipment: manuals, cables, etc.). In all cases, affixing of adhesive labels and tapes directly onto the original product packaging should be avoided. Should the goods be damaged during transport, i’m SpA shall notify the Customer about the event (within five working days from receipt of the product in its warehouse) in order to allow Customers to timely raise a complaint with their courier and obtain a refund of the product value (if insured by the Customer). i’m SpA cannot be held liable for any damage, theft or loss of goods returned with uninsured delivery options provided by and borne by the Customer.
20. Cancellation rights shall not apply where the integrity of the returned goods has been substantially compromised such as, for example, in the following cases: I) outer and/or original inner packaging material is missing; II) missing product parts (accessories, cables, manuals, components, etc.); III) damage to the product due to causes other than transport; IV) irregular state of preservation. Should Customers not be entitled to exercise their cancellation rights, i’m SpA shall return the purchased product to the Customer and shall charge Customer with relevant delivery charges.
21. All goods sold by i’m SpA are covered by the conventional manufacturer warranty and, for the Customer who is a consumer (i.e. natural person purchasing goods for purposes outside his/her business or professional activity or purchasing without indicating a VAT number on the order form), also by legal warranty against conformity defects as per articles 128-135 of Legislative Decree no. 206/2005. To benefit from the warranty, Customers must be in possession of the invoice received by email in PDF format.
22. Conventional manufacturer warranty is granted according to the terms and conditions illustrated in the documentation contained in the product’s packaging. If, following intervention of an Authorised Service Centre, a defect should not fall under the conventional manufacturer warranty terms, the Customer shall be charged with all servicing and repair costs incurred by the Authorised Service Centre, as well as any delivery charges borne by i’m SpA.
23. Legal warranties granted to consumer Customers cover conformity defects, already existing at the time the goods were delivered, but which were only detected later, within two years from delivery of the goods themselves. Under penalty of cancellation, any conformity defect must be reported within two months from when the consumer detects the actual defect. In any case, any action taken against the Vendor shall expire within twenty-six months from delivery of goods. In case of non-conformities (defects), consumer Customers are entitled to have all products reinstated to conformity levels by repair or replacement at no charge or be granted a suitable price reduction or contract cancellation as per provisions set by article 130 of Legislative Decree no. 206/2005. Within two months from detecting a defect, and in any case within a maximum of twenty-six months from receiving the goods, the Customer must send complete notification requesting action to eliminate all conformity defects to i’m SpA Via del Lavoro 13 – 36100 – Vicenza – Italy or through the Website. On receiving such notification, i’m SpA’s Customer Service shall contact the Customer to communicate the terms and conditions and the return number to be indicated on a copy of the form, previously sent, to be dispatched with the product. i’m SpA shall send its courier to collect the product without any additional charges for the Customer. The product shall be returned by the Customer, possibly in its original packaging and complete of all its parts (including packaging and any possible documentation or accessory equipment: manuals, cables, etc.). In all cases, affixing of adhesive labels or tapes directly onto the original product packaging should be avoided. Once the product returned by the Customer has been checked, i’m SpA shall provide for its replacement or repair and return the same to Customer, exception made for provisions set forth in article 130 of Legislative Decree no. 206/2005. If, after the Authorised Service Centre’s intervention, the defect reported does not improve a conformity defect, according to article 128 and following of Legislative Decree no. 206/2005, the Customer shall be charged with all servicing and repair costs incurred by the Authorised Service Centre as well as any delivery charges borne by i’m SpA.
24. Customers may, at their own discretion, avail themselves of any additional conventional services offered by i’m SpA at terms, conditions and limitations provided for by the latter eachtime.
25. Any Customer claims shall have to be sent via email to the following address: info@imwatch.it or by mail to i’m SpA, Via del lavoro, 13 – 36100 – Vicenza – Italy.
26. i’m SpA cannot be held responsible for any activities carried out by third parties who, acting as self-employed workers, are involved in the handling and settlement of payments, deliveries of goods and in any other activities linked to the implementation of the contracts concluded through the Website.
27. The sales contract between a Customer and i’m SpA is governed by the Italian law with exclusion to applicability of the conflict of laws. In case of civil disputes concerning sales contracts concluded by Customer and i’m SpA through the Website, if the Customer is a consumer, the case falls under the jurisdiction of the court of the Customer’s place of residence or registered address, if located in Italy. In all other cases, the Court of Vicenza has full jurisdiction.
(Informative note in compliance with Legislative Decree no. 196/2003)
Dear Customer,
In compliance with laws and regulations in force regarding privacy and data protection, i’m SpA. (hereafter “i’m SpA”) informs you that no personal data will be processed without consent. Therefore, all personal data requested shall be used exclusively to process purchases made on-line, for the entire contract processing period. In any case, protection of personal data shall be guaranteed by suitable computer safety measures to protect the system against possible disclosure to unauthorised third parties.
If consent is granted pursuant to article 13 of Legislative Decree (pursuant to Legislative Decree no. 196/2003, i’m SpA shall act as Data Controller and Data Supervisor for the processing of personal. The Personal Data Controller is, therefore, i’m SpA, in the person of its legal representative, with registered office in Milan, piazza Luigi di Savoia, 22.
i’m SpA shall disclose personal data exclusively to other data processorsand persons in charge of data processing activities, among which companies holding stakes in i’m SpA that will use them exclusively for carrying out previously mentioned activities for which consent is required.
The complete and updated list of all data processors can be obtained by simply writing to i’m SpA, Piazza Luigi di Savoia, 22 – 20129 – Milan – Italy with the following subject: “List of designated data protection processors ” or by sending an email to privacy@imwatch.it
In any case, personal data processing shall be carried out in respect of all laws and regulations in force.
As a matter of fact, processing is carried out by computer, electronic and manual instruments suitable for guaranteeing safety as per laws and regulations in force.
More specifically, processing is carried out by computer, electronic and manual instruments suitable for guaranteeing safety as per laws and regulations in force.
Personal data undergoing processing shall be kept and controlled, also in consideration of technological innovations, of their nature and the specific features of the processing, in such a way as to minimise, by means of suitable preventative security measures, the risk of their destruction or loss, whether by accident or not, of unauthorized access to the data or of processing operations that are either unlawful or inconsistent with the purposes for which the data have been collected.
Pursuant to article 7 of Legislative Decree no. 196 of 2003, data subjects have the right to obtain confirmation as to whether or not i’m SpA or its data processers are in possession of their personal data, including unregistered data. The data subject also has the right to be informed of the logic applied if personal data processing is performed with the help of electronic means. Moreover, if required by the data subject, i’m SpA must update, rectify, integrate or cancel data. The data subject has the right to receive proof stating that all data processors (and, more generally, all parties to which i’m SpA has disclosed the personal data) have been informed about the updating, retification, integration as well as cancellation of his/her data, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
Should the data subject intend to exercise rights, he/she shall send notification by registered mail with delivery confirmation to i’m SpA – Piazza Luigi di Savoia, 22 – 20129 – Milan – Italy with the following subject: “Exercising of rights according to article 7 of Legislative Decree no. 196 of 2003”.
After having carefully read and fully understood the abovementioned informative note, I grant my consent to i’m SpA to process my personal data for the sole purpose of providing the contract work/services required.
After having carefully read and fully understood the abovementioned informative note, I hereby grant my consent to i’m SpA, acting as data controller and processor, to process my personal data along with other companies belonging to the i’m SpA group, with reference to the sending of commercial or promotional communications, advertising material and samples as well as for statistical scopes and market surveys.
i’m S.p.A., with registered office in Piazza Luigi di Savoia, 22 – 20129 Milan – Italy and VAT number 07372580964, hereby declares (and the buyer agrees and understands) that all products marketed by i’m S.p.A. online, on its website, are covered by the CE marking only (Conformité Européenne). They are, therefore, compliant with the provisions of Directive 1999/5 EC dated 9.3.1999 concerning radio appliances and telecommunication terminals and assessment of their compliance as well as Directive 2001/95 EC dated 3.12.2001 concerning consumer products that are not subject to specific regulations.
i’m S.p.A. informs that all risks related and resulting from the use of the product as well as its reasonable life expectations at normal operating conditions are reported in the user’s manual supplied with the product in the packaging or downloadable from the corporate web page of the manufacturer.
i’m S.p.A. does not accept any liability and makes no warranties concerning the lack of further certification or approvals for the products that are sold online.
Buyers, who accept this statement, tacitly agree that they have read, understood and approved its contents.