Terms of service

GENERAL CONDITIONS OF USE AND SALE


Premises
1.1. These General Conditions govern the sale of "Strike" products, as better described in general in the following art. 3 (hereinafter the "Products") by Strike Srl based in Via Leonardo Da Vinci 97/E, Trezzano sul Naviglio (MI) (hereinafter referred to as the "Seller") through the website www.mystrikegadgets.it (hereinafter the site").

1.2. The subject of this contract is the supply to the Purchaser of the Products, under the conditions and terms set out in these general conditions which are signed together with the Purchase Order and which together constitute the contract between Strike and the Purchaser, who declares know and fully accept (hereinafter the "Agreement").

Before making the purchase of the Products, we invite you to read and fully accept these General Contract Conditions and the information on the Products available on the Site, without which acceptance the sale of the Products will not be possible, as well as to read and provide consent in relation to the processing of personal data, where required, the disclosure of which is also published on the Website at the page www.mystrikegadgets.it

1.3. The purchase of the Products can, in general, be carried out by completing the relevant request and registration online on the Website www.mystrikegadgets.it.


Who can buy the “My Strike Gadgets” Products – Buyers
2.1. The Recipients of the Products can only be adults, who are defined as consumers (i.e. natural persons who act for purposes not related to their commercial, entrepreneurial or professional activity) (hereinafter the "Buyer" or the "Buyers"). If, nevertheless, a minor purchases the Products declaring to be of age, Strike cannot in any way be held responsible.

2.2. At the moment it is also necessary for the Buyer to be resident or domiciled in an EU country. Some optional features may also be available only in a more limited number of countries.

Information, presentation and price of the Product.
3.1. All information on the essential characteristics of the Products is also provided on the Site. The Product is supplied following activation of the Contract by the Purchaser in the manner and within the terms established below.

3.2. The prices of the Products are expressed in Euros and include VAT. Shipping costs are excluded, unless otherwise expressly indicated. The prices indicated on the Site may be subject to updates, therefore we invite you to check the final sale price before submitting the relative Purchase Order.

3.3 It should be noted that the price of the Products never includes the costs relating to the telephone operator and telephone, data or Internet connection chosen by the Purchaser, which will be charged by the operator to the Purchaser, without any intervention or responsibility by Strike . In any case, the connection costs will be paid to the relevant operator, without any intermediation or additional costs on the part of Strike, which will only charge the Purchaser directly for the costs relating to the Product.


Purchase of the Product
4.1. The Purchaser can conclude the purchase contract for the Product on the website www.mystrikegadgets.it, by filling in all its parts and electronically transmitting the Purchase Order, indicating, if required, the payment method chosen among those available.

4.2. During registration it will be necessary to indicate some personal data: name, surname, address, city, province, state, zip code, mobile phone, email and tax code (in the case of an invoice request).

It will also be necessary for the Purchaser: (i) to read and accept these General Contract Conditions and (ii) to read the information relating to the processing of personal data. The conditions of use of the Products are understood to be accepted by the Purchaser: (i) if confirmed by pressing the button relating to the order for the online purchase.

4.3. The Purchaser, following the completion of the Purchase Order electronically, will be asked to pay for the order at the same time, as it is not possible to place orders and defer payment to a later time. The Buyer will receive a purchase receipt upon payment of the order. The shipment takes place only after the regular registration of the payment and in any case within 30 days of receipt of the Purchase Order. In case of purchase of Products belonging to distinct product categories through a single order, the Products could be delivered at different times.

4.4. All the Products available on the Site are guaranteed for lack of conformity manifested within 30 days of delivery.

4.5. In any case, Strike will be free not to proceed with the contract, not to fulfill or to suspend or interrupt the Product at any time, if any Product payments due by the Purchaser are not received by Strike in advance of the shipment of the Product, as well as in the cases specified in these general conditions. If the Purchaser receives error messages and is unable to complete the order, he can contact Strike Customer Service in the manner indicated on the Site.

Methods of selling the Products
5.1. The Purchase Order will be processed by Strike within 4 (four) working days following receipt of payment. Strike will not be responsible in any way for any activation delays due to the responsibility of the providers, lack of Internet or telephone connectivity or to delays or inefficiencies of the shippers it will use or to causes not attributable to it. The sale and shipment of the Products will be carried out only after the regular registration of the Purchase Order.

5.2. The Purchase Order consists of a form in which the user must indicate the personal data necessary for delivery and select the chosen means of payment. The Purchase Order also contains a summary of the products ordered and the relative price (including VAT), the means of payment available to purchase each Product, the methods of delivery of the Products, and the shipping costs.

5.3 Before confirming the request to purchase the Products, by sending the Purchase Order, the Buyer can carefully read the information contained therein in order to correct any errors or omissions (as well as print or save a copy).

5.4 The purchase receipt of the order will be filed in the COMPANY's database for the period of time necessary to process the orders (and in any case within the terms of the law). The Purchaser has the right to access his Purchase Order at any time, to monitor its status by connecting to the Site and accessing the "my orders" section on his personal page.

5.5. The utmost caution is recommended in the use of one's credentials: the Purchaser will generally have the right to memorize username and/or password. Strike assumes no responsibility in the event of loss of data provided by the Purchaser, or access to sensitive data of the Purchaser in any case of loss, theft, destruction or missing case of the telephone, smartphone, tablet or computer or loss , theft or non-custody of the Customer's access credentials due to the fact or fault of the Purchaser or third parties to whom the Purchaser has voluntarily or otherwise permitted access to the above.

5.6. The contract is concluded when the Seller receives the Buyer's Purchase Order electronically, and agrees to start the sales process, after verifying the correctness of the data relating to your order.

5.7 The Seller may not process the request to purchase the Products and the Purchase Order: (i) in the event that the data provided is incomplete, incorrect or incorrect and/or does not give sufficient guarantees of solvency (ii) in case of even temporary unavailability of the Product. In these cases, within thirty days of receipt of your Purchase Order and by e-mail, the COMPANY will notify you that the contract has not been concluded, indicating the reasons. The Seller will refund the amount paid by the Buyer, including shipping costs.


Terms of payment
6.1. Payment for the Products can be made in one of the following ways

A) Credit and prepaid cards (Visa, Mastercard, American Express)
B) Pay Pal
6.2 In case of payment made by credit card (e.g. Visa and Mastercard circuits), the financial data (such as credit/debit card number or its expiry date) will be forwarded, via encrypted protocol, to the credit institution of reference. This information will be used by the Seller only to complete the procedures relating to the purchase and to issue any refunds or if it is necessary to prevent or report the commission of fraud to the police. The price for the purchase of the Products and the shipping costs, as indicated in the Purchase Order, will be charged to the Purchaser at the time of purchase of the purchased Products.
6.3. In case of purchase using the PayPal payment method, at the conclusion of the procedure for completing the Purchase Order, you will be automatically directed to the PayPal login page. In this way the amount relating to the order will be debited from your PayPal account upon receipt of the order by Strike. For each transaction made with your PayPal account, you will receive a confirmation email from PayPal.


Right of withdrawal
7.1. The Purchaser has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) working days from the day of receipt of the Products purchased from the Site

7.2. To exercise any right of withdrawal from the contract, the Purchaser must send an email containing his data necessary for correct identification (personal data and username used for the purchase), with the request to withdraw from the contract to the address , l completion of the RETURN FORM, and with the relative accounting document. Strike will verify the correct execution of the terms and conditions indicated above and in the event that the checks are concluded positively, will send the Purchaser, via e-mail, the relative confirmation of acceptance of the withdrawal and will reimburse the sums within 30 (thirty) days from the verification of the correctness of the withdrawal, in compliance with the conditions better specified in the following article 8.

7.3. The shipping costs of the returned products will be borne by the Purchaser, including liability in the event of loss or damage to the Products.


Terms of withdrawal
8.1 The right of withdrawal, in addition to compliance with the terms and methods described in Article 7 above, is understood to be validly exercised, if the following conditions are also met:

8.2 The RETURN FORM must be completed in every part and sent together with the relative accounting document within fourteen (14) working days starting from the date of receipt of the Products, via e-mail to (social@strikepromozioni.it).


The Products must also comply with the following conditions:
the packages and the contents must not have been opened, used or damaged;
the disposable/warranty seal must still be attached to the Products;
must be returned in intact packaging, with packaging and contents intact, original and complete;
8.4. In case of non-compliance with the above conditions, the withdrawal cannot be considered valid and the Seller will not be able to proceed with the withdrawal and reimbursement of the sums already paid to the Seller.


Causes of force majeure
9.1 Strike will not be held responsible and will be relieved of any contractual obligation to sell, deliver, collect the Product and will not be required to pay any indemnity in the event of causes not attributable to Strike or force majeure events that prevent the fulfillment of obligations imposed on you, such as, but not limited to, riots, insurrections, wars, natural disasters, nuclear explosions, acts of terrorism, social unrest, telephone or computer breakdowns or serious damage to the security and operation of the internet, strikes and impossibility or serious (even temporary) procurement difficulties of the Product or materials.

9.2. Strike reserves the right to modify, limit or cease the extent and functionality of the Site at any time.


Warranties
10.1. the Purchaser acknowledges and accepts that the images of the Products on the Site may not correspond to the real ones due to the effect of the Internet browser and/or monitor or other environmental functions or situations.

10.2.All Products are guaranteed for lack of conformity that occurs within 30 days of delivery and the relative exercise can take place by writing to the email (social@strikepromozioni.it), after reporting the defects found in relation to the Products.

10.3.The exercise of the right to request the guarantee, in order to take place correctly, must be carried out by sending the relative form together with the Product, the original packaging and the accounting documents.

10.4 Strike reserves the right to verify the existence and correctness of the defect reported, and to carry out the repair or replacement only after this check. If, following this verification, the defect does not result in a lack of conformity, the Seller reserves the right to charge the Customer for the costs of verification, restoration, and transport.

Complaints and dispute resolution
11.1. Strike may adapt these conditions of use at any time, for example, by way of example but not limited to, for the purpose of adapting to the law or adapting to modified functions. The valid conditions of use can in any case be consulted on the Site.

11.2. Any complaints may be sent to the Seller at social@strikepromozioni.it by inserting "complaint" in the subject of the communication.

11.3. For customers domiciled in Italy, the provisions of Legislative Decree 6 September 2005 n. 206, as well as within the aforementioned legislative decree by the legislation on distance contracts (articles from 50 to 61) and by Legislative Decree 9 April 2003 n. 70 on electronic commerce. In the event of disputes between Strike and the Purchaser, arising from the General Contract Conditions, Strike declares that it adheres to the online conciliation method "Resolve Online" provided by the Chamber of Arbitration of the Vicenza Chamber of Commerce. For information or to send a conciliation request, you can access the website www.risolvionline.com. In any case, the Purchaser is free to appeal to the competent judge at his residence or domicile.



Intellectual Property Rights of Strike
12.1. Strike holds all rights to the trademarks and distinctive signs it owns, all copyrights and all other rights relating to the Products and to the contents, information, images, videos and databases contained therein. The modification, reproduction, publication and transfer to third parties or other uses of the intellectual property of Strike without the prior written consent of the same are expressly prohibited.

Use of the site and safety
13.1 You are prohibited from violating or attempting to violate the security measures on the Site, including without limitation:

Use a false password or password belonging to another user or access data not intended for the user or access a server or an account for which the Buyer is not authorized;
Disclose a password or allow a third party to use a password or fail to disclose when a password is fraudulent;
Attempt to/or steal, scan or test the vulnerability of the system or network or to violate security or authentication measures without proper authorization;
Attempt to/or interfere with Products directed to any user, host or network, including, without limitation, by "overloading", "flooding", "mail bombing" or "crashing";
Send unsolicited emails, including promotions and/or advertisements for products or Products;
clone/forge any TCP/IP header or any part of the header information, in any email or newsgroup, or
Hijack all or any portion of Site content, delete or modify any Site content, distribute pop-up messages or advertising, perform or display this Site or any Site content in frames or by similar means on another site, or link to the Site or any page within the Site, without our specific written permission.
13.2. The Buyer agrees to use the Site only for lawful purposes, and only for his personal use. You may not use the Site to transmit, post, download, distribute, copy, publicly display, store or destroy any material (a) in violation of any applicable law or regulation, (b) in a manner that infringes copyright ( copyright), patent, trademark, trade secret or other intellectual property right of others or violate the privacy or publicity or other personal right of another, or (c) that is defamatory, obscene, abusive, threatening, racist or hateful.

13.3. The Purchaser agrees to indemnify and hold Strike harmless from and against any claims, claims for damages, costs and expenses, including legal fees, deriving from or connected to the use of the Site by the Purchaser himself or by third parties.

Termination of the Contract and miscellaneous
14.1. The Contract will be terminated automatically, with consequent interruption of the shipment or delivery of the Product, as well as in the event of violation of the obligations referred to in the previous art. 13, in the event that prohibited and/or fraudulent behavior is found. Strike reserves the right to carry out random or targeted checks aimed at discovering any prohibited and/or fraudulent behaviour. Prohibited behavior is understood to include: frequent entry of clearly impossible measurements or for the sole purpose of testing and learning the characteristics of the Product, entry of data relating to several people, use of automatic computer systems to repeatedly send measurements, attempts to sabotage the Strike computer system , or abusive attempts to access it. If one or more of these cases are identified by the aforementioned checks, Strike may, at its sole discretion, immediately terminate the Contract by giving written notice to the Purchaser by email, SMS (or Registered letter if the Purchaser has not provided an email or mobile phone), or contact the Purchaser in advance to invite him to desist from such behavior by means of messages in the customer area, email, SMS, telephone call, letter and subsequently, if the behavior does not cease, exercise the right of termination.

In any case, it will still be Strike's responsibility to confirm the definitive termination of the Contract by email (or registered letter) sent to the address provided by the Purchaser at the time of the Order, which the Purchaser undertakes to keep firm by promptly communicating the any changes to Strike.

14.2. With the termination of the Contract, nothing will be due to the Purchaser, without prejudice to the right of Strike to compensation for greater damages.

14.3. If any of the provisions of this Agreement is or becomes invalid or ineffective on the basis of applicable legislation, or arbitration awards or judgments, the validity and effectiveness of the remaining provisions will not be affected in any way, unless the suitability itself is irreparably impaired. of this Contract to achieve its purposes.



Protection of personal data
For information on the processing of the Buyer's personal data, please read the information on the processing of personal data available on this Site carefully.



Legal notices
This page establishes the conditions of use and contains the legal notes of the Site, which regulate the rights and duties of users who access the Site, according to which each user, whether natural or legal person (hereinafter the "User", as defined below) can browse the Site and use it, together with the services that can be used (hereinafter "Terms of Use"). The Site belongs to Strike Srl with headquarters in Via Leonardo Da Vinci 97/E , 20090, Trezzano sul Naviglio (MI).

These Terms of Use are fully valid and binding for and between the COMPANY and the User and are to be considered fully accepted by the User every time they access the Site, browse the Site, or use the Site or the Services. of the Site. If the User does not intend to accept these Conditions of Use of the Site, he cannot use, and does not have the COMPANY's permission to use, the Site and the services of the Site, nor does he have the right to do so. COMPANY reserves the right, at its sole discretion, to suspend or terminate access and use of the Sites and Services, against Users who violate these Terms of Use. The conditions relating to the e- commerce are regulated in the respective section and the present navigation conditions of the Site remain valid.

Users who can access the Site
Users will only be able to access personally and not on behalf of third parties. The COMPANY reserves the right not to accept Users who enter false, misleading or inaccurate data, or who violate in any way these Terms of Use of the Site or the interests of the COMPANY with the right, at its sole discretion, to expung them from the Site at any time and to block any future access. The User is solely responsible for all uses made of their registrations on the Site and personal passwords, as well as the contents entered on the Site, although the COMPANY has the possibility to refuse or cancel them, at its sole discretion, in addition to other rights established in these Terms of Use.

Services related to the Site

The Site allows the User to use some services. In particular, the Site allows the following:

Simple navigation on the site
Sending requests
Use of the e-commerce platform

THE COMPANY reserves the right to modify these Terms of Use at any time and unilaterally, which will automatically become binding for Users. Users are required to periodically review the Terms of Use to check for changes.


To access, browse or use the Site or the Services, the User must be at least 18 years old. If the User is under the age of 18 or in any case a minor pursuant to the legislation in force in his country, he must use the Site or the Services under the supervision and control of a parent, legal guardian or other responsible adult.

Access and use of the contents of the Site and the Services.
Users, in the terms of these Terms of Use, are authorized to access and use the Site, the Services and the contents of the Site, but not to download and print the Contents, for exclusively personal purposes, it being understood that the Site and the Services may be used for commercial purposes. All content and all use of the contents of the Site, including text, graphics, images, videos, information, logos, button icons, interfaces, photographs, codes, software, audio and video files and others are the exclusive ownership and property of the COMPANY , or the COMPANY has suitable licenses for their use, and are protected by the laws on intellectual property. Unauthorized use of the contents of the Site may constitute a violation of the laws on industrial and intellectual property and is strictly prohibited. Except as expressly provided in these Terms of Use, in no case do these Terms of Use confer any license or concession to use any intellectual property rights.


Users are strictly prohibited from doing the following:


(1) transmit, publish, distribute, duplicate, store or destroy the contents of the Site, in violation of any applicable law, including, without limitation, laws or regulations governing the collection, processing or treatment of personal data, use data mining provisions;


(2) violate or attempt to violate the information security system and the protection of the Site;

(3) carry out operations of duplication, reproduction, "reverse engineering" or decompilation of the Site or the software of the Site;

(4) rework, reproduce, copy, duplicate, decompile the contents of the Site;


(5) carry out operations not permitted by these Terms of Use;


(6) post content or images that contain false or misleading information or that in themselves constitute illegal activity or incitement to illegal activity;

(7) insert content or images that violate the protection of personal data or the copyright, intellectual or industrial property rights of third parties, as well as the rights to the image, name, honor and reputation of third parties;


(8) send or post unsolicited or unwanted communications or e-mails, contact, make phone calls or send unwanted faxes, to promote and/or advertise products or services to Users;

(9) attempt to interfere with other Users' services or the Site, including by sending computer viruses;

(10) use the Site or the Services for any unlawful purpose or illegal activity, or publish or send content that is defamatory, offensive, vulgar, obscene, contrary to decency, offensive to the honor and reputation of third parties;

(11) insert material that is pornographic, indecent or contains sexual content or that solicits minors;

(12) enter names, logos and registered trademarks of third parties, as well as works protected by copyright or other intellectual property rights belonging to third parties;

(13) sell, promote or advertise any product or service of any kind;

(14) post requests requiring disclosure of political or religious affiliation, racial or ethnic origin, religious or philosophical beliefs, trade union membership and membership, health status, sex life, or 'age.



Users are informed that the listed violations of security give rise to civil and/or criminal liability. THE COMPANY will be free to investigate such violations and will be able to cooperate freely with the competent authorities, in order to prosecute the Users responsible for such violations, including - by way of example but not limited to - providing names and surnames, contact details and other data.



Exclusive responsibility of the User for the contents and materials sent or inserted
The User acknowledges and agrees to be solely responsible for any content, materials and images sent to the addresses of the Site.


The User accepts and acknowledges that he has no ownership or copying right over the contents posted on the Site by the COMPANY and that these contents and materials may be canceled or removed by the COMPANY at any time if contrary, at the COMPANY's unquestionable judgment , to these Terms of Use or to laws and regulations in force in the various countries of use or to intellectual property rights or other rights of third parties and the User may be cancelled, any access blocked, interrupted and refused, without the User being able claim anything. The COMPANY also reserves the right to eliminate the User's dedicated page and any information relating to the latter following a significant period of inactivity or lack of use of the Site.

The COMPANY does not guarantee that the Site or the Users' contents do not contain errors, viruses or other technical and IT defects. The User acknowledges that the reliance placed on the materials published by other Users will be at his sole risk and that any responsibility will be his sole responsibility.


The COMPANY does not guarantee that the Site or the Users' contents do not contain errors, viruses or other technical and IT defects. The User acknowledges that the reliance placed on the materials published by other Users will be at his sole risk and that any responsibility will be his sole responsibility.

The Site and the contents are managed by the COMPANY without any type of implicit or explicit guarantee or liability, within the limits permitted by law, by the COMPANY, and are offered as they are "seen and liked". It is therefore excluded that the COMPANY can be held liable in any capacity, except within the limits established by law, for direct or indirect damages, of a contractual or non-contractual nature, relating to the Users or third parties, loss of profits, loss of data, failure to use the Site and the contents of the Site or other damages, even if he were to have knowledge of such damages. In any case, the liability of the COMPANY cannot generate claims for damages exceeding 50 euros, which is considered to be the maximum sum that could be the subject of compensation.


The User undertakes to indemnify and fully indemnify the COMPANY, its affiliates, subsidiaries, parent companies and associates, as well as the COMPANY's employees and collaborators, from and against any claims, actions or requests for damages/indemnity/compensation , including (by way of example but not limited to), for legal and accounting expenses, damages or others deriving from the contents, materials and information entered by the User, or from their use, as well as from the violation by the User of the Terms of Use and of other rights of third parties.


These Terms of Use of the Site are governed by Italian law. For any and all disputes that may arise in relation to these Terms of Use, their interpretation, execution or violation, the Court of ? will be exclusively competent, except in cases of mandatory territorial jurisdiction, determined on the basis of the residence or at the User's domicile in accordance with Legislative Decree no. 206/2005. The invalidity, nullity and/or partial illegality of these Terms of Use or individual clauses, ascertained by the competent judicial authority, does not matter the invalidity, nullity or illegality of the remaining provisions, which will continue to remain in effect.