TERMS AND CONDITIONS OF SALE
1. Introduction
1.1 These general terms and conditions of sale relate to the purchase of products made remotely via telematic network through the websitewww.My Protection(the Portal), owned by Johnny Bernardi, with registered office at Via E. Bierti, 12 – 31050 Miane (TV), tax code BRNJNN99T08C957F and VAT number 05107100264.
Each purchase operation will be governed by the provisions of Legislative Decree 185/99 and Legislative Decree 206/05. The information directed to the conclusion of the contract will be subject to the provisions of Article 12 of Legislative Decree 70/03 and, regarding the protection of privacy, the regulations of Legislative Decree 196/03 will apply.
1.2 These general terms and conditions of sale (the General Terms and Conditions of Sale) are valid for all orders and shipments that occur through the Portal and can be viewed and saved. The General Terms and Conditions of Sale may be modified at any time by JB-TECH, without prejudice to sales operations already completed.
1.3 Registration is only permitted for consumer users who are natural persons and who have reached the age of majority. Consumers are understood to be natural persons who use the Portal for purposes not related to their commercial, entrepreneurial or professional activities.
2. Registration
To make purchases through the Portal, it is necessary to register by accepting these General Terms and Conditions of Sale. Failure to accept the General Terms and Conditions of Sale will result in the inability to make purchases on the Portal.
Registration on the Portal is free. To register, the user must complete the registration form, entering their First Name, Last Name, Email Address, and creating a password to access their personal area. Registration is confirmed via an email sent to the address provided by the user.
The Registration Credentials must be used exclusively by the user and cannot be transferred to third parties. The user must promptly notify JB-TECH in case of suspected misuse of the same. The Registration Credentials can be modified by the user at any time by accessing the Portal in the section: Account.
The user guarantees that the Registration Credentials provided during the registration process on the Site are complete, correct, and truthful. The user agrees to keep JB-TECH indemnified from any liability, penalties arising from, and/or in any way related to the user's violation of the registration rules on the Portal. The user is solely responsible for accessing the Portal using the Registration Credentials and is directly liable for any damage or harm caused to JB-TECH or third parties due to improper use, loss, misappropriation by others, or failure to adequately protect the confidentiality of their Registration Credentials. All operations carried out using the Registration Credentials are considered to be made by the Customer to whom the Registration Credentials refer.
It is possible to make a single registration per user. Multiple registrations will be cancelled.
JB-TECH reserves the right to refuse, at its sole discretion, the registration of any user.
JB-TECH also reserves the right not to accept any order that appears unusual in relation to the quantity of products purchased or the frequency of purchases made on the Portal, as well as in relation to the improper or suspicious use of discount vouchers referred to in section 8 below.
The user may cancel their registration on the Portal at any time by writing to theCustomer Support.
3. Pre-contractual information
In accordance with Legislative Decree 9 April 2003, no. 70 containing provisions on electronic commerce, JB-TECH informs the user that:
- to conclude the purchase contract for one or more products on the Portal, the user must fill out an electronic order form and send it to JB-TECH according to the methods indicated on the Portal;
- before proceeding to send the order form, the user may identify and correct any data entry errors by following the instructions provided from time to time on the Site, which will accompany the various stages of the purchase;
- once the order form is registered, it will be stored in the Portal's database for the time necessary to fulfil the order itself and, in any case, within the legal terms. To access their order form, the user can consult the "Account, my orders" section of the Portal where they will find the list of all orders placed.
4. Conclusion of the contract and acceptance of the general terms and conditions of sale
4.1 The sales contracts for the products available on the Portal are to be considered concluded with the acceptance, even if only partial, of the order by JB-TECH. This acceptance is communicated via e-mail, as further indicated in clause 6.3. By placing an order in the prescribed manner, the customer declares that they have read all the information provided to them during the purchasing process and fully accept the general payment conditions set out below.
4.2 Before submitting their purchase order, the customer is required to carefully read these general terms and conditions of sale. The submission of the purchase order implies their complete knowledge and acceptance.
4.3 If the customer is a Consumer, once the online purchasing procedure is completed, they will print or save an electronic copy and otherwise keep these terms of sale, in accordance with the provisions of Articles 50 et seq. of Legislative Decree 206/05.
4.4 The customer has no right to compensation for damages or indemnity, nor any contractual or non-contractual liability for direct or indirect damages to persons, property and/or animals, attributable to the non-acceptance, even partial, of an order by JB-TECH.
5. Definition of the order
By sending the online order, the customer submits to JB-TECH a purchase proposal for the product and/or products included in the so-called "cart", which is a tool accessible on the Portal, after registration, to all users registered on the Portal (the Cart). When the customer places an online order for the products they have added to the Cart, they agree to purchase them at the price indicated in the information sheet and under the terms contained in these General Conditions of Sale. JB-TECH will communicate to the Customer via email the acceptance and confirmation of the order as provided in clause 6.3 that follows. In particular, JB-TECH will not accept orders:
- if the material is not available in stock at the time of the order and/or
- if the customer cannot or does not wish to pay using one of the payment methods indicated in clause 8 that follows.
6. Purchase Methods
6.1 The customer can only purchase the products present in the electronic catalogue of the Portal at the time of submitting the order, as described in the relevant information sheets.
6.2 Before submitting the purchase order, via the Cart, the unit cost of each selected product, the total cost in case of purchasing multiple products, and the related shipping costs are summarised.
6.3 The purchase of the product and the correct receipt of the order are confirmed by JB-TECH via an email message confirming the receipt of the purchase order (the Confirmation Message) and containing information regarding the main characteristics of the good and/or goods purchased, a detailed indication of the price, delivery costs, applicable taxes, and payment methods, as well as a reference to the general terms and conditions of the contract and information about the existence of the right of withdrawal, as well as the conditions and methods for exercising it displayed on the Portal. The message will reiterate all the data entered by the customer, who undertakes to verify its accuracy and to promptly communicate to JB-TECH any corrections to be made.
In the event of non-acceptance of the order by JB-TECH, it guarantees timely communication to the customer.
7. Availability
It may therefore happen that the ordered product is no longer available after the registration of the purchase order. In any case of unavailability of the ordered product, the user will be promptly informed by email and the purchase order will be cancelled. If payment has already been made, JB-TECH will refund the customer within thirty days from the day following the sending of the order.
8. Payment methods
The customer can make the due payment by choosing one of the methods listed below:
Credit card: in cases of purchasing goods using the Credit Card payment method, the charge to the credit card occurs simultaneously with the fulfilment of the order. JB-TECH reserves the right to request additional information from the customer (e.g. landline phone number) or the sending of copies of documents proving the ownership of the payment made. In the absence of the requested documentation, JB-TECH reserves the right not to accept the order. At no point during the purchasing process does JB-TECH gain possession of or have the ability to know the information regarding the buyer's credit card, which is transmitted via a secure connection directly to the banking institution managing the transaction as described in the Portal.
9. Shipping and delivery of goods
9.1 For every order placed on the Portal, JB-TECH issues an invoice or accompanying receipt for the shipped material. The information provided by the Customer at the time of the order is used for the issuance of the fiscal document. After the issuance of the fiscal document, it will not be possible to make any changes to it.
9.2 Unless specified promotions on the Portal, shipping costs, indicated on the Portal, are the responsibility of the Customer and are clearly stated at the time of placing the order. Nothing additional is owed by the Customer beyond the total of the order, which also includes shipping costs.
9.3 The Portal indicates the estimated times for the fulfilment of the order and the delivery of the purchased goods to the customer.
9.4 In any case, JB-TECH will not be responsible for the shipment of the goods subject to the order, which will instead be carried out by a professional carrier (courier) as indicated in the Portal, and no responsibility can be attributed to JB-TECH in the event of a delay by the courier or in relation to any other event or circumstance related to the shipment of the goods by the courier.
At the time of delivery of the goods by the courier, the customer is required to check that:
- the number of packages being delivered corresponds to what is indicated on the invoice;
- the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials (adhesive tape or straps).
Any damage to the packaging and/or the product or the failure to correspond to the number of packages or indications must be immediately contested to the courier, by placing a written control reservation (specifying the reason for the reservation, e.g. "packaging torn", "packaging crushed", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer will not be able to raise any objections regarding the external characteristics of what has been delivered.
Any issues regarding the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, according to the procedures set out in this document.
9.5 In the event of non-delivery due to the absence of the recipient at the address indicated in the order, the courier will leave a notice and will attempt a second delivery; if the recipient is still absent, the goods will be returned to the sender (JB-TECH).
10. Right of withdrawal
10.1 According to Articles 52 and following of Legislative Decree 206/05, if the customer is a private Consumer, they have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.
10.2 To exercise this right, the customer must, within 14 (fourteen) days from the date of receipt of the goods,
- log in to their personal account on the website www.jb-tech.it, enter the “Returns” section of the customer area and select the order of interest by creating a return of the type “Right of withdrawal”,
- and send the goods subject to return to the following address:
JB-TECH di BERNARDI JOHNNY
Via E. Bierti, 12
31050 Miane (TV)
To make the process more efficient and convenient, the customer has the option to include the label received with the order inside the package.
10.3 Following the exercise of the right of withdrawal in the manner provided for in Article 10.2 of these sales conditions, the customer is required to return the goods to JB-TECH within 14 (fourteen) days from the date of communication of the withdrawal to JB-TECH. The goods must be returned to JB-TECH complete with all accessories, instruction manuals, and everything originally delivered to the customer, as well as packed in its original packaging. A copy of the electronic order receipt must be included with the returned product. The costs of returning the goods to JB-TECH are the responsibility of the customer.
10.4 Pursuant to paragraph 1 of Article 56 of Legislative Decree 206/05, JB-TECH will proceed to refund all payments received from the customer without undue delay and in any case within 14 (fourteen) days from the communication of withdrawal. In the event that the return of the goods is required, JB-TECH will, pursuant to paragraph 3 of Article 56 of the Consumer Code, refund the customer the amount only after the return of the goods and only after verifying their integrity. The refund will be made using the same method by which the Customer made the payment. In the case of bank transfer, it will be the customer's responsibility to promptly provide the bank details for receiving the refund (IBAN and account holder), if different from those used for the payment. In the case of payment by credit card, the refund will be made to the same card used for the purchase. JB-TECH has no power to intervene regarding the timing of the refund, which is at the discretion of the relevant banking institution.
The right of withdrawal is subject to the following conditions:
- the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
- the right does not apply to products made to measure or clearly personalised;
- the purchased good must be intact and returned in its original packaging, complete in all its parts (otherwise, pursuant to paragraph 2 of Article 57 of Legislative Decree 206/05, the customer will be responsible for the decrease in value of the goods resulting from handling of the same that is different from that necessary to establish the nature, characteristics and functioning of the goods);
- Upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not resulting from transport.
In the event of a lack of conditions for a valid right of withdrawal, the goods will remain at the JB-TECH premises available for the Customer to collect at their own expense.
11. Warranties
11.1 All products sold by JB-TECH are covered by the manufacturer's conventional warranty, where applicable, and by a 24 (twenty-four) month warranty for conformity defects, pursuant to Legislative Decree 206/05. To benefit from warranty assistance, the Customer must retain the invoice.
11.2 The 24-month warranty pursuant to Legislative Decree 206/05 applies to products that present a conformity defect, provided that the product itself is used correctly, in accordance with its intended use and any attached technical documentation. This warranty is reserved for private consumers. In the event of a conformity defect, JB-TECH will restore the conformity of the product at no cost to the Customer by replacing the product with a new one or, in the event of stock exhaustion, with one of equivalent characteristics and commercial value.
11.3 In cases where the application of the warranties requires the return of the product, the item must be returned by the Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories). Conformity defects may be reported, using the same methods applicable for the right of withdrawal, to theCustomer Service.
12. Express termination clause
In the event of total or partial non-payment of the purchase price of the goods, JB-TECH reserves the right to declare this contract terminated pursuant to and for the effects of Article 1456 of the Civil Code by sending a written communication to the customer's email address.
13. Obligations and responsibilities of JB-TECH
13.1 JB-TECH undertakes to correct all errors present in the description of the products offered on the Portal as soon as possible, starting from the notification of such errors by the customer. The notification of such errors can be sent to theCustomer Support.
13.2 JB-TECH is not responsible for any damages of any kind arising from the improper use of the product and/or non-compliance with the instructions provided by the manufacturer, as well as in the event of damages arising from unforeseen circumstances or force majeure.
13.3 JB-TECH shall not be liable in the event of loss of revenue, profits, data, or for any other indirect damage of any kind arising from or in any way connected to contracts subject to the General Terms and Conditions of Sale.
13.4 The liability of JB-TECH, in any case, shall not exceed the total value of the purchase order.
In no event shall JB-TECH be held liable for failure to comply with any of the obligations arising from contracts subject to the General Terms and Conditions of Sale in the event that the non-compliance is caused by unforeseen circumstances and/or force majeure, including, by way of example, natural disasters, terrorist acts, network malfunctions, and/or blackouts.
14. Suspension of service
14.1 JB-TECH reserves the right to temporarily suspend, without any prior notice, the provision of the Portal services for the time strictly necessary for the technical interventions required and/or appropriate to improve the quality of the services and for the ordinary and extraordinary maintenance of the Portal, its content and functionalities.
14.2 JB-TECH may, at any time, interrupt the provision of the Portal services if there are justified security reasons or breaches of confidentiality, notifying the user in such cases possibly through the Portal itself.
15. Website content and intellectual property rights
The content of the Portal, such as, by way of example, images, graphics, photographs, writings, documentation, sounds, videos and any other material, in any format, including all web pages of the Portal (the Intellectual Property), is the exclusive property of JB-TECH and the other rights holders, and this contract does not confer any rights in this regard to the client. The reproduction, modification, duplication, copying, distribution, sale or any other exploitation of the Intellectual Property is indeed prohibited. In no case may the user alter, change, modify or adapt the Portal, nor the material made available by JB-TECH.
16. Applicable law and competent court
The sales contract between JB-TECH and the Customer, as per these General Terms and Conditions of Sale, is deemed to be concluded in Italy and governed by Italian Law. For the resolution of any disputes arising from the conclusion of distance sales contracts referred to in the Portal and therefore relating to these General Terms and Conditions of Sale, if the Customer is a consumer, the territorial jurisdiction is that of the court of reference of their municipality of residence, while in all other cases, the territorial jurisdiction is exclusively that of the Court of Treviso.
TERMS OF USE
- Terms of use of the siteMy Protectionowned by BERNARDI JOHNNY – Via E. Bierti, 12 – 31050 Miane (TV), tax code BRNJNN99T08C957F and VAT number 05107100264
- Please read this document carefully before using this website. By using this website, you declare that you have read and accepted these terms of use, which
apply to any use of the site. - You may electronically copy and print extracts from the website, but such use is permitted solely for personal and non-commercial purposes.
- Any other use of the contents of the website (including reproduction for purposes other than those described above and any modification, distribution or publication) without the prior written consent of JB-TECH is to be considered prohibited.
- In particular, you may not use any data or information provided
available on this website or through it in relation to a business deal or transaction. - All intellectual property rights relating to the design, software, text, graphics and other materials, as well as the selection and combination of such elements displayed on this website, are the exclusive property of JB-TECH or its licensors and assignors.
- JB-TECH accepts no responsibility and provides no warranty regarding the website or its contents, except as expressly provided by law. All information and data
included or present on the website are for informational purposes only. - Your use of such information or data is therefore at your own risk. To the fullest extent permitted by law, JB-TECH, its directors, employees and other representatives shall not be liable for any losses or damages of any kind arising from the use of the website, however caused.
- The website may contain hyperlinks to websites or services owned or provided by third parties. Such links and services are offered for your convenience and JB-TECH makes no warranty and accepts no responsibility regarding such websites and/or services and their content or use (except as expressly provided by law).
- Given its web nature, JB-TECH does not guarantee that the website will be fully and correctly operational at all times.
JB-TECH – All rights reserved