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GENERAL TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale hereunder indicate, the conditions and methods by which to proceed with the online purchase of products on the website www.blackboxstore.com  in a safe, easy and convenient way.

Purchases on the website www.blackboxstore.com must be made exclusively by persons over the age of 16.

1. SCOPE

1.1 Limited Srl, (hereinafter"IOL") with registered office in Via Romaniello 21 / b, 80129 Naples, Tax Code and VAT number 06555971214, through the internet website   www.blackboxstore.com. The company reserves the right to modify these General Terms and Conditions of Sale at any time by posting them on the site.

1.2 The Site is intended for retail and therefore for use exclusively by end users (“Customer(s)”).  In the event that any one or more sales are made to persons who are not end users, these General Terms and Conditions will apply provided that in such case:

a)     The purchaser will not enjoy a right of withdrawal pursuant to article 3;

b)     The guarantee pursuant to article 5 will not apply;

c)     The buyer will not benefit from any protection herein given to end users which is being given only in view of compliance with applicable Italian consumer laws and regulation.

 

2. PURCHASE METHOD

2.1 The purchase of products is made by access to the site and registration.  For each of the products, a description containing the products' main characteristics is available on the site. All purchase support information is intended as general information material. Your order will then be treated as a contractual purchase offer addressed to IOL Srl for the products listed, where each is considered on an individual basis. All prices on the site are to be understood as prices to the public and, therefore, inclusive of VAT. Prices may vary without prior notice and the only correct price is what is indicated upon confirmation of the order. Before proceeding with the payment, the Customer confirms the purchase and accepts these General Conditions of Sale which from that moment become binding on the Customer.

2.2 The order confirmation is sent by Italian Operations Limited Srl by e-mail, sent to the e-mail address you communicated at the time of registration. The sales contract with IOL Srl will be concluded when we send the order confirmation which will also contain information relating to the shipment of the product ("Order Confirmation";). The Order Confirmation contains the Customer's data, the order number, the price of the goods purchased including taxes and shipping costs. The CUSTOMER undertakes to check that his/her personal information is correct and to promptly notify IOL of any errors.  With the receipt of the Order Confirmation, the contract, and therefore these Conditions of Sale, will begin to produce effects and will be binding on Italian Operations Limited. We recommend that you print or download a copy of these Conditions of Sale and the related Order Confirmation for future reference.

The fulfilment of all orders on the site is subject to availability. We expressly reserve the right not to accept your order for any reason.

 If the order is not accepted IOL will, as soon as practically possible, inform the Customer .

2.3   If the Products are to be delivered outside the European Union, the Customer could be subject to import duties and taxes, payable once the Product reaches the specified destination. Any additional customs costs will be borne by the Customer. IOL has no control over these costs and cannot predict their amount. Customs policies vary considerably from country to country and it is the responsibility of the customer to contact the competent customs office for further information. In addition, the Customer, when placing orders from the Website outside the European Union, can be considered as an importer and consequently required to comply with the legislation and regulations of the country of receipt of the Products.

 

The timing indicated on the website is indicative and products will be shipped using the delivery method indicated in the Order Confirmation to the address provided by the Customer at the time of the order within 30 days of the date the Customer receives the Order Confirmation or any later date pursuant to applicable laws in force.

 

2.4 For each order placed, Italian Operations Limited Srl issues the sales document of the shipped material. In issuing such documentation, the information provided by the Customer at the time of the order will be used. The customer can request an invoice or tax receipt within three months from the issue.

3. RETURNS

3.1 Without prejudice to the exceptions indicated below, the customer has the right to withdraw from the order made, without having to provide any reason, within 14 days from the day of receipt of the product ordered. The withdrawal period ends after a period of 14 days from the date on which the customer or a third party, other than the carrier and indicated by the consumer, acquires material possession of the goods. Withdrawal can be made by any means, including registered letter with acknowledgment of receipt, certified e-mail, through the reserved area of the Website, as indicated using the following link: https://www.blackboxstore.com/customer-service or through the contact form available at the following link: https://www.blackboxstore.com/customer-service.

3.2 The shipment of the returned product must take place no later than 3 working days from the communication of withdrawal and costs shall be borne by the customer. IOL., following receipt of the product and after ensuring that the products are intact, will refund only the price of the product except in the event the product presents a factory defect or if the article/size is different to that ordered. The goods must be returned intact, in the original packaging, complete with all their parts (including packaging and any documentation and accessories.) and complete with the tax documentation attached. Without prejudice to the right to verify compliance with the above, IOL will refund the amount of the products subject to withdrawal within a maximum period of 14 days by using the payment method that the customer used for the purchase.

The right of withdrawal is subject to the following conditions:

(i)              the right applies to the product purchased in its entirety;

(ii)            it is not possible to exercise withdrawal only on part of the purchased product (e.g. accessories, etc.);

(iii)           shipping costs are charged to the customer, except in cases where the product has factory defects or a different item / size has been received than that of the order;

The right of withdrawal is forfeited due to it not fulfilling the essential condition of integrity of the goods  (packaging and / or its content), in cases where IOL ascertains: (a) defects in the internal/external  packaging; (b) the absence of essential elements of the product (accessories, laces, gadgets of the product, etc.); (c) damage to the product not caused during shipment or if the legal terms are exceeded for reasons not attributable to  IOL. If the right of withdrawal has been forfeited, IOL will return the purchased goods to the sender, who will bear the shipping costs.

4. PAYMENTS

IOL accepts VISA, MASTERCARD, AMERICAN EXPRESS and PayPal If payment is made by credit / debit card, IOL will debit the amount from the Customer’s account as soon as the order leaves IOL’s warehouse.

Occasionally, IOL may request additional information to verify the Customer’s identity. In this case the Customer will be contacted by e-mail or telephone.

 

5. DROPS RAFFLE

 

Drops is a selection system that is used in the event that the number of users who want to buy the product exceeds the number of products available to us. In this case, a selection will be made to identify the customers who will be able to acquire the product.

To participate in the Drops raffle system it is mandatory to fill out - in all its fields - the form relating to the model / article for which you intend to participate. By filling out the form and clicking on the 'participate' button, you confirm that you have read and fully accepted these general conditions of sale.

You will see a thank you screen and you will receive an email to the address you entered in the form: these 2 messages indicate confirmation of participation.

If you participate in the Drops raffle, you will need to authorize your payment method before submitting your application. If your name is extracted you will receive a confirmation email that you have been selected to receive the product together with the order confirmation with the purchase details. At this point you will be charged the cost of the product you have chosen on your payment method.

During the subsequent days we will proceed with  the shipment of your article, according to the times and methods indicated in the policies available on our site,

It is not possible to request size changes: the size that will be sent to each winner will be the one indicated in the participation form.

It is possible to cancel participation in the Drops selection through the website or by writing an email to customer service provided that such cancellation occurs before the product launch date.

The customer who acquires the product following a Drops selection, as indicated above, will have the right of withdrawal pursuant to article 3 above. In this case, shipping costs borne by IOL will be deducted from the purchase price to be refunded.

If we find through our systems a fraudulent attempt to participate (multiple participation of the same person, suspicious e-mail addresses, etc.) we reserve the right to cancel these participations from any Drops draw in order to guarantee the correct and regular conduct of the draw to safeguard the  rights of all participants and the seller.

6. WARRANTY

6.1 According to European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free of design and material defects as well as conforming to the description published on the Website for a period of 2 (two) years from the date the Products were delivered to the Customer.
6.2 Upon arrival of the Products, the Customer must examine the Products in the shortest possible time and, under penalty of expiration of this warranty, communicate any defects and nonconformities within 2 (two) months from the discovery, via email (providing proof of receipt) to IOL, with a precise indication of the defect and/or non-conformity as well as related documentation indicated in the return form ( a photograph of the Product, the order confirmation sent by the Seller, and the receipt).
6.3 Following receipt of the form and related documentation, IOL will evaluate the defects and nonconformities declared by the Customer and, after performing quality checks to verify the effective Product nonconformity, will decide, at its own discretion, whether to authorize the return of the Product, notifying the Customer via email to the address provided during the Website registration process. Authorization to return the Products in no ways constitutes recognition of any defects or nonconformities, the existence of which must be ascertained after they are returned. Whenever the Products, after said verification, are not covered by the warranty, they will be returned to the Customer again.

6.4 The Products that the Seller has authorized for return must be returned by the Customer along with a copy of the return authorization within 30 (thirty) days of the notification of the defect or nonconformity to the following address: IOL

6.5 The application of any warranty is excluded in the event of use or washing of the Product that is not compliant with the Product and instructions/warnings provided or reported in the reference documentation, tags, or labels. Products must be returned in their original packaging.  For support under the warranty, the Customer must save and show the purchase receipt.

 

7.  LIABILITY ARISING FOR DAMAGES CAUSED BY DEFECTIVE PRODUCTS.

EU Council Directive 85/374/CEE and the Italian Consumer Code apply to damages caused by defective products. The seller in its capacity as reseller of the Products through the website shall not be liable for damages and will, if so requested by the Customer, provide information regarding the identity and domicile of the manufacturer of the products.

 

8. INTELLECTUAL PROPERTY RIGHTS

All the elements of the Website whether they are registered or otherwise (photos, Product details, description, paging) are the exclusive property of IOL and cannot be used by third parties. IOL retains all intellectual property rights on designs, models, trademarks, texts, visuals, audio, comments, illustrations, images reproduced on the Website pertain to IOL and are subject to intellectual property rights.

Reproduction or representation which is not authorised by IOL will be subject to civil and criminal law sanctions. Links to blogs or websites must be authorised by IOL.

 

Links that lead to the Website using “framing” technologies or “inline linking” are strictly prohibited. In any event any link, use or reference to the website must be removed if so requested by IOL.

 

9. EVENTS OUTSIDE OUR CONTROL

Events outside our control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other third party union actions, civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, war (declared or not) or threat or preparation for war, fires, explosions, storms, floods, earthquakes, subsidies, epidemics or other natural disasters, or failures of public or private telecommunication networks.

If an Event Outside Our Control occurs that affects the fulfilment of our obligations under these General Terms and Conditions of Sale:

a) we will contact you as soon as reasonably possible to notify you;

b) our obligations under these general conditions will be suspended and the deadline for the fulfilment of our obligations will be extended for the duration of the Event Outside Our Control.

If the Event Outside Our Control affects the delivery time of your product, we will organize with you a new delivery date after the resolution of the Event outside our control. If an Event Outside Our Control occurs and you no longer wish to supply the products, you can cancel the contract.

 

10. APPLICABLE LAW AND JURISDICTION

These General Sales Conditions are governed by Italian Law. In any case, the consumer will retain any rights enforceable by law in their country.
Any disputes that are not solved amicably will fall under the exclusive jurisdiction of the Court of Naples. As  consumer, the Customer also has the right to bring it before the courts of a member state of the European Union of residence or domicile.

Moreover, the consumer may request mediation, as set forth in Italian Legislative Decree 28/2010, for the resolution of any unresolved disputes in the interpretation and execution of these sales conditions by accessing the following website: https://webgate.ec.europa.eu/odr.

 

11 AMENDMENT

These General Terms and Conditions may be amended at any time. The Customer will accept the General Terms and Conditions in force at the time of purchase. New versions will become applicable upon publication on the website in relation to Orders made subsequent to such date.