1 – Introduction

The commercial relationships between IPMShop S.r.l. and the customers are regulated exclusively by the following general conditions of sale, excluding any other agreement, if not agreed in writing; also the placement of an online order, implies the full acceptance of the following conditions. The contract ends with the confirmation by IPMShop S.r.l. of the order issued by the client in writing.

2 – Customers

IPMShop S.r.l. sells on the website www.smarttrackerkids.eu to users after registration or through the "guest checkout" option, which allows you to create a temporary customer profile that is only necessary for order registration.

3 – Responsibility

IPMShop S.r.l. is not responsible for any damage or loss, direct and/or indirect, arising from the sale of goods and services offered in the catalog published on the site www.smarttrackerkids.eu, also for delayed and/or non-delivery of the product, or for the correspondence of the goods to specifications published on the site, or for any other fact not directly attributable to IPMShop S.r.l.

4 – Technical Information

The technical information included in the website www.smarttrackerkids.eu are derived from the information published by the manufacturers of the goods included in our catalog. IPMShop S.r.l. therefore reserves the right to modify/adapt the technical and dimensional information of the products in the catalog, even without any prior notice, according to what will be communicated by the producers.

5 – Orders

Orders are accepted only and exclusively if sent in writing by fax/mail/e-mail (so-called "non-IT", managed with the support of the staff), or via the Internet (so-called "online"), or received in electronic form. The customer who sends the order "online", at the end of the procedure, will receive an e-mail with a confirmation, stating that the order has been received. For orders received in electronic form, the methods of acceptance and confirmation will be agreed with each customer.

6 – Prices

The selling price is the one indicated in the certificate of receipt of the order.

Prices and discounts can be changed at any time, without notice. In the sale of goods to customers of S. Marino located in San Marino, in compliance with the D.M. 24.12.1993, it is compulsory requested a copy of the invoice duly authenticated by the Tax Office of San Marino, within 4 months from the assignment of the goods, at the registered office of IPMShop S.r.l.. Receiving nothing, the event will be reported to the competent authority on the basis of the same legislation. IPMShop S.r.l. reserves the right to change prices at any time, without notice. In the event that an incorrect price is being published, since it is lower than the correct price in excess or equal to 50% and/or in any case in an evident way and/or clearly negligible, for any reason (error in our systems, human error, etc.), the order may be canceled, even in the case of initial validation, and the product will not be delivered, unless the orderer decides to proceed with the order and accepts the payment of the correct price.

7 – Product Availability

We specify that the user's action of adding one or more products to his cart does not imply the reservation of the products in question. This means that, when the user adds them to his cart, the products are in no way "blocked" or "reserved" to it. Therefore, if user "A" were to add a product to his cart and in the meantime another user "B" were to finalize an order for the same product, causing the stock of that product to drop to zero, this would make it impossible to part of user "A" to purchase the product that he had added to his cart, as user "A" had only added the product to his cart, but had not finalized the order.

8 – Transportation, Risk and Transfer of Property

The shipment is done by means of transporters chosen by IPMShop S.r.l. or by another subject on its behalf and it is carried out via carriage paid, with the customer debiting the bill. The goods travel at the risk of the Customer, nothing can be attributed to IPMShop S.r.l..

The shipment takes place throughout Italy and Europe and the delivery times specified for each shipment are to be intended starting from the date of entrusting the goods to the vector responsible for the shipment, unless otherwise agreed in writing between the parties, will occur during office hours (from 8.30 to 12.30 and from 14.00 to 18.00) on non-holiday days and from Monday to Friday.

At the time of delivery of the goods, the customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what indicated in the DDT. In case of discrepancy, this must be reported on the same accompanying document and confirmed, within eight calendar days by e-mail to the commercial reference of IPMShop S.r.l. with registered letter (including certification of shipment and delivery) or Certified Mail (in case of hidden defects deriving from the transport). Even if the packaging is intact, the goods must be checked within eight calendar days from the receipt. Possible anomalies deriving from transport damages must be reported in writing by registered letter to the carrier and in copy to IPMShop S.r.l. within 8 calendar days from the receipt. Any report beyond the aforesaid terms will not be taken into consideration and will not be effective. For each declaration, the customer assumes full responsibility for what has been declared.

NOTICE: Due to the current situation in Italy and Europe, deliveries could be suspended or delayed in some geographical areas.

8.1 – Insured Shipping

In this regard, we point out the possibility of selecting the appropriate box when ordering to purchase shipping insurance, to be protected in the event of theft, loss or damaging of the goods by the courier.

The cost of insured shipping, once selected at checkout, varies based on the value of the goods purchased and is immediately calculated and specified as a separate item in the cart.

The insurance covers 100% of the value of the order which, in the event of loss or damage by the courier, will be returned to the customer without any additional cost. The shipment of additional goods to the Customer following the loss/damage of the goods will also be insured.


Damaged goods that need to be replaced as a result of the insurance, will be returned at the expense of the Customer to the address that will be communicated via email to the Customer who will request replacement.

The replacement goods will be shipped only and exclusively following receipt of the goods for which the exchange has been requested. The purchased goods must be returned in full: if part of the goods are missing or if held by the Customer, the latter will be charged to the Customer for the value of the entire order. The Customer can therefore receive the new goods only after the return of all the goods previously purchased, otherwise he can get the returned order back, in the conditions in which it was returned, upon payment of the shipping costs (at his discretion, with or without insurance ).

8.2 – Shipments involving export

Customs charges, if any, will be applicable by the carrier or customs of the country where you wish to import a product. These costs are always to be understood as the responsibility of the buyer. The products depart from the Italian territory unless otherwise communicated on the product page or during checkout. The buyer is responsible for verifying any costs and for their payment as long as no different agreements have been made with IPMShop Srl via the email e-commerce@ipmshop.it.

Any refusals to pay customs duties for imports, they will be a reason for return to the sender and refusal of shipment. Any customs costs, if applied by the carrier or customs for the return to the sender, will be due by the buyer to IPMShop Srl, which will anticipate these costs to avoid stocks and additional costs. The payment method for additional costs will be in the form of a deduction from the refund of the order or if not possible or otherwise agreed, to be paid by bank transfer or other method indicated and agreed with IPMShop Srl through the email address e-commerce@ipmshop.it. Any costs for a new shipment will be considered to be borne by the buyer and due to IPMShop Srl through the agreed payment method.

9 – Payments

The goods supplied must be paid during the order through irrevocable bank transfer or other circuits indicated on the site, unless different conditions that must be agreed in writing with IPMShop S.r.l..

IPMShop S.r.l. reserves, at its sole discretion, the right not to proceed with the shipment of goods, even after accepting the order, to those customers who are "out of trust", with "insolvent", in "litigation" or payments by non-irrevocable bank transfer and/or unconfirmed banking.

10 – Orders Cancellation

The Customer may request from IPMShop S.r.l. the total or partial cancellation of the order, before it is processed and shipped (and before that the shipping of the order has been booked), only in writing and only through the official e-mail channels of IPMShop: mailbox (e-commerce@ipmshop.it) or pec (amministrazione@pec.ipmshop.it), attaching a copy of the order/Pre-Order in such a way that the customer's personal data and the amount can be clearly recognized, indicating in detail the reasons.

IPMShop S.r.l. reserves the right to accept the cancellation of the order and may retain the value of 10% of the order total as Administrative Management of the file.

For the refund procedures, these are better described in point 20 - Refund Methods.

11 – Complaints and Return of Goods

Customers can make any COMPLAINT in relation to the purchase made in writing only through the official e-mail channels of IPMShop: mailbox (info@smarttrackerkids.eu) or pec (amministrazione@pec.ipmshop.it), attaching a copy of the order/Pre-Order in such a way that the customer's personal data and the amount can be clearly identified, indicating in detail the reasons for the complaint, by way of example "shipping errors or lack of material".

Once the fault, defect etc. has been reported, the goods, for the purpose of warranty or for the right of withdrawal, must reach IPMShop S.r.l. no later than 30 days from the date of the problem being reported. The customer is responsible for shipping and delivery to IPMShop S.r.l. by the courier.  The use of an insured return shipment is recommended.

IPMShop S.r.l. in no case can it be held responsible for any type of loss or damage, direct or indirect, whatever the cause. The Customer can never claim, for any reason, to benefit from a discount on the total cost of the invoices corresponding to an incomplete delivery or inherent in defective products, except as better detailed in point 17 - Right of Withdrawal.

The return of the goods to IPMShop S.r.l., after having expressed a formal written complaint and having obtained authorization to ship, must be addressed to the following address:

IPMShop S.r.l. c/o IdeaPM S.r.l., via G. Giusti n. 6 20090 Cesano Boscone (MI)

For each return, the value equal to 10% of the total order will be retained as Administrative Management of the file.

The goods to be returned must be in perfect condition, in the original packaging, complete in all its parts (for example accessories and additional components) and shipped carriage paid to our warehouse, mentioning the return number assigned on the document. If the goods are not returned in the manner and time required, a refund will not be issued.

For the reimbursement procedures, these are better described in point 20 - Refund Methods.

Please note that the shipment for each order placed can be insured at the customer's discretion during CheckOut. When the shipment is insured, the customer will receive a refund or replacement of the goods. If, on the other hand, the shipment does not arrive due to loss or arrives damaged or with missing parts due to logistics problems, the customer will be responsible for the uninsured shipment. In these cases it will not be possible to offer either the refund of the shipping costs incurred or the replacement of the returned goods.

12 – Warranty

The purchase made at IPMShop S.r.l., involves the full acceptance of the warranty conditions provided by the manufacturer, which are independent from the will of IPMShop S.r.l.. The customer, therefore, is aware that the goods purchased will be guaranteed by the manufacturer and its conditions, and therefore accepts, without any reserve, all the manufacturer's warranty ways to erogate the warranty, even with reference, purely by way of example, of the warranty manager also different from IPMShop S.r.l..

The products marketed by IPMShop S.r.l. to final consumers, as required by current legislation, will benefit from a warranty of 2 years if the products are re-orderable from our supplier or 1 year if the products are used, ex-demo, end of life, ie no longer re-orderable from our supplier.

The products marketed by IPMShop S.r.l. to subjects with VAT number, as required by current legislation, will benefit from a warranty of 1 year only if the products are re-orderable from our supplier.

The products under warranty must be sent to IPMShop S.r.l., which will verify the product, repairing or replacing it, if the problem occurred is covered by the warranty. If the good is no longer orderable, will be issued to the Customer a credit title that can be spent within 12 months on the website www.smarttrackerkids.eu; After this period, this title will become void. The costs for resending the product/s are all charged to the customer.

For any kind of information concerning the After-Sales Service, you can contact IPMShop S.r.l. from Monday to Friday through the online form.

The warranty of the products sold by IPMShop S.r.l. do not covers:

• The replacement of consumables (batteries, light bulbs, fuses, antennas, headphones, microphones, damage to the reading or recording heads, etc.);

• Software and licenses;

• The abnormal or non-compliant use of products.

Customers are asked to carefully read the instruction manual attached to each product, the faults caused by the accessories (power cables, etc.), faults (and subsequent consequences) due to the intervention of a repairer not authorized by IPMShop S.r.l., faults (and subsequent consequences) due to improper use of the product (professional, collective use, etc.), faults (and subsequent consequences) due to external causes.

Attention: the warranty does not apply to repairs of damages caused by external causes (for example: accidents, shocks, lightning, power surges, etc.) or by a customer error (such as, for example, the installation that does not comply with the manufacturer's specifications, use of the product that is harmful to it, use of the product for commercial or collective purposes, use of peripherals and/or accessories and/or unsuitable consumer products). In any case, IPMShop S.r.l. can not be held responsible for any refusal by the manufacturer in the application of the warranty.

In the event that the repairs are not covered by the warranty, the manufacturer will estimate a price quotation for it. Administrative costs will be requested by the manufacturer in case of refusal of the price quotation payment. In case of agreement, the customer must make a bank transfer, equal to the total price quotation, to the order of IPMShop S.r.l..

13 – Personal Data Treatment

According to the Legislative Decree of May 25 2016, no. 679, the customer acknowledges that "personal data" communicated and/or exchanged, even during pre-contractual information, will be processed in accordance with Legislative Decree no. 679/2016 and subsequent amendments and additions to the same Legislative Decree 679/2016. It is also understood that the customer expressly consents to the transfer of "personal data" according to and by effect of art. 44 of Legislative Decree 679/2016 and, in any case, to their communication and diffusion.

14 – Various Instructions

Each Party declares that it is aware of the provisions set forth in Legislative Decree 231/2001 (the Decree) and that it undertakes to influence its conduct, aimed at the implementation of the contract, on principles of transparency and correctness.

Each Party declares to have adopted and effectively applied corporate procedures and behavioral rules in order to prevent the commission of crimes according to the Legislative Decree 231/2001 and undertakes to keep them all effectively implemented for the entire duration of the contractual relationship.

The customer acknowledges that IPMShop S.r.l has adopted a Code of Ethics and an Organizational Model in compliance with the principles established by Legislative Decree 231/2001. The customer undertakes to respect the principles and rules of conduct contained and referred to in the Code of Ethics, as far as applicable. The non-compliance, even partial, of this obligation constitutes a serious breach of the obligations under the contract that legitimizes the suspension of the execution of the contract or in the most serious cases the resolution of the same with immediate effect, pursuant to and for the purposes of art. 1456 of the Civil Code, without prejudice to compensation for any damage caused, such as, but not limited to, those deriving from application to IPMShop S.r.l of the sanctions provided for by the aforementioned Legislative Decree 231/2001. The list of crimes pursuant to Legislative Decree 231/2001 is mandatory but could be extended in the future and this clause will be automatically extended to all crimes contemplated in the Decree introduced also after the date of signing the contract.

15 – Disputes and Responsibilities

In the event that it is not possible to eliminate a possible dispute between one or more Customers on one side and IPMShop S.r.l on the other, in a consensual manner, this dispute will be the exclusive jurisdiction of the Milan court. Some products may be subject to the regulations concerning "strategic products". These products can be exported only after express authorization by IPMShop S.r.l..

16 – Conditions

The conditions contained in this document may be changed without prior notice and will be valid from the date of publication on the website www.smarttrackerkids.eu.

17 – Right of Withdrawal

The right of withdrawal is applicable to all goods/products as regulated by the Consumer Code, in art. 59.

 

In the categorization indicated by law we find, by way of example and not exhaustively:

 

· The supply of personalized or made-to-measure goods;

· The supply of perishable goods;

· The supply of sealed goods which, for safety or health reasons, do not lend themselves to their return after opening;

· The supply of alcoholic drinks whose price, agreed upon, is linked to market fluctuations and whose delivery cannot take place before 30 days;

· The supply of newspapers, magazines and periodicals;

· The supply of video/audio/software delivered sealed and which have been opened;

· Contracts in which the consumer has specifically requested a visit by the professional for the purpose of carrying out repair or maintenance work.

In such cases, imperatives, expressly codified and not susceptible to analog expansion or modification by the professional or the parties, the seller has the right to refuse the return of the product and to deny the refund of the price paid only if, in a timely manner pursuant to art. 49, has indicated in the general conditions for which products the faculty is excluded pursuant to art. 54.

To exercise this right, within and no later than 0 days, with respect to a purchase made through the website www.smarttrackerkids.eu, the Customer must communicate in writing only through the official e-mail channels of IPMShop: mailbox (info@smarttrackerkids.eu) or pec (amministrazione@pec.ipmshop.it), attaching a copy of the order in such a way that the customer's personal data and the number and date of the order can be clearly recognized.

IPMShop will reserve the right to verify the integrity of the goods, which must be sent by the Customer within the aforementioned period of 14 days at the following address:

IPMShop S.r.l. c/o IdeaPM via Giusti 6, 20090 Cesano Boscone (MI)

The reimbursement will therefore be subject to the receipt of the goods, in the times indicated and in the actual state in which they were sent by IPMShop, therefore intact in every component including external packaging.

Regarding the reimbursement methods, these are better described in point 20 - Refund Methods.

Important Note: the right of withdrawal is not valid for business customers, namely all customers who have specified a VAT number in their customer profile on the site.

18 – Promo and discount codes currently active on the site

This paragraph describes the conditions of the promos and discount codes (coupons) active on www.smarttrackerkids.eu.

Note: the promos and coupons that have been reserved for a specific customer will not be mentioned here, as a result of commercial agreements or initiatives taken personally between IPMShop and the customer concerned. For the conditions of these reserved discounts, refer to the communication between the parties at the time of the agreement or contact us at info@smarttrackerkids.eu

Coupon currently active on our site:

no active coupons on the site at this moment.

19 – Delivery and payment information

We ship only to Italy and Europe. If you wish to receive our products in other geographical areas, please contact us at info@smarttrackerkids.eu providing us with information on the items to be shipped and on the destination address, and we will give you, in a short time, an estimated shipping cost.

19.1 Payment

Orders placed on the site may be paid for by irrevocable bank transfer or by other payment methods that may be selected at the time of checkout. Please refer to the specific terms and conditions of each payment method or service provider for more information about them.

As for the bank transfer, once the order is placed, you will have to transfer the entire amount via your bank account. We ask you to send a proof of the transfer to our e-mail address info@smarttrackerkids.eu with reference to the order. Order fulfillment will start only after receipt of the transfer.

In case of payment by bank transfer, starting from the date of the order, the payment must be made within 7 days. Otherwise, the order will be canceled. In the event that the buyer should arrange the payment by bank transfer after 7 days, €5 + 1% of the order will be deducted, by way of reimbursement costs incurred by IPMShop.

19.2 Order confirmation and Invoicing
After the forwarding of your order on www.smarttrackerkids.eu, you will receive an email confirmation of the order itself. We inform you that this email will be also valid as Payment Receipt.

If you wish to receive the Invoice of your order, you are required to inform us by replying to the order confirmation email, within 7 days from the reception of that email.

If you have specified a VAT number during the order process or in your customer profile on www.smarttrackerkids.eu, you will automatically receive the invoice for your order as soon as the payment is processed.

We also remind you that, according to the art. 21 Dpr 633/72 and in compliance with the Electronic Invoicing regulatory, an Invoice with fiscal value will be regularly sent (in XML format) to the Revenue Agency (Agenzia delle Entrate) portal (SdI). This Invoice will be available inside your reserved area on the Revenue Agency site.

19.3 Order fulfillment
We will process your order in 3 working days from receipt of payment, within the limits of stock availability. In the event that one or more items are not immediately available, we will notify you as soon as possible and we will agree with you the possibility of a partial shipment.

19.4 Shipment
Once the payment has been received, we will entrust your goods to the Courier, whose approximate delivery times are 1/2 working days after the pick-up, in most Italian locations. For delivery times you will not have to consider Saturday and public holidays. Any delays occurred to the Courier during transport are not our responsibility and can not constitute a reason for withdrawal or give the right to a refund.

19.5 Delivery
The delivery will be made during office hours, at the address you have specified in the order form: since it is not possible to agree with the Express Courier a precise delivery time, we suggest you to use an address where someone is always present for the pick-up. Remember to specify exactly both street number and ZIP code of your area and that the name you have specified for the delivery must coincide with the name or number on the intercom. When you pick up the goods from the courier, always make sure that the number of packages delivered coincide with the number indicated on the transport document and that the packages delivered to you are intact.

19.6 Missed Pick-up
If, however, at the time of delivery you or your representative were absent, the Express Courier will leave a notice of non-delivery through which you can request the free re-delivery of the shipment, according to the methods indicated in the notice, within the following 3 days. If the goods are not collected even at the second stage, the Express Courier will keep the goods in storage at its warehouse for three days. We hope that you will collect the goods: otherwise, we will be forced, with regret, to charge you additional costs for failure to collect the shipment.

19.7 Assistance
For any inconvenience related to your shipments, you can contact our support service (info@smarttrackerkids.eu), which will help you in solving problems.

19.8 On-site Pick-up
This method is available during the CheckOut phase by selecting "On-site Pick-up" among the shipping methods available.

Once your order has been prepared and is ready for pick-up, you will receive a confirmation email and the relative order status will be updated accordingly.

Starting from the next day from the receipt of the email, the order will be available for 10 working days for collection by you (exact address and times will then be communicated via email for confirmation of collection availability).

After 10 days, if the order is not picked-up, the management costs for non-collection (which can vary at the discretion of IPMShop Srl from 5% to 20% of the order with an applicable minimum amount of €5 for the preparation and disposal of the material to be used packaging), will be withheld from the refund amount or be paid according to the payment methods communicated by IPMShop Srl within a maximum of 30 days from non-collection.

For the pick-up it will be essential to fill in a document (provided by us at our office) where the order reference and the registration/payment email with relative signature will be requested. A copy of the document will be provided once signed, as proof of delivery.

With the "On-site pick-up" shipping method, IPMShop Srl is exempt from any liability due to breakage or otherwise, deriving from transport or for subsequent reports from IPMShop Srl attributable to transport or not visible at the time of collection.

In the event of a delegation, it will be necessary to send a delegation email in advance to the email address e-commerce@ipmshop.it specifying the relative order reference, in order to inform IPMShop Srl on delivery management. Furthermore, the delegate's identity document will be essential as an attachment.

20 – Refund Methods

The refund will be made through the payment platform chosen automatically during the purchase, within 15 working days from the date of approval of the refund.

In order to be able to reimburse a Customer having paid by "Bank-wire Transfer" payment method, the Customer must communicate in writing only through the official e-mail channels of IPMShop: mailbox (info@smarttrackerkids.eu) or pec (amministrazione@pec.ipmshop.it), attaching a copy of the order/Pre-Order in such a way that the Customer's personal data and the amount can be clearly identified, indicating their IBAN and the Bank Account Owner.

21 – Copyright

All the material on the site (such as images, descriptions, etc.), is an intellectual work and not owned by IPMShop Srl and is therefore protected by Copyright.

22 – Information about M2M SIM

IPMShop Srl sells on the website www.smarttrackerkids.eu, in combination with the product Smarttrackerkids 20T or alone, the connectivity service with the M2M SIM of Vodafone. The Vodafone contract is in the name of the company 3Elle Consulting Srls.

The Vodafone M2M SIM is for the exclusive use of Smarttrackerkids 20T and is activated prior to shipment. Once purchased, the SIM will be immediately active and the right of withdrawal does not apply for this type of product. At the end of the 12 months there is no tacit renewal.

Each SIM has the following technical characteristics (on a monthly basis):

- Voice traffic: 100 minutes to all national numbers, valid both in Italy and Europe;

- Internet IoT M2M: 25 Mega valid both in Italy and Europe;

- SMS: 100 SMS to all national mobile numbers, valid both in Italy and Europe.

Improper use will be grounds for suspension of the SIM or possible action by IPMShop Srl, or 3Elle Consulting Srls.

Proper use of the 20T watch does not entail any extra costs. It is correct to point out that in the case of exceeding the threshold of:

- 25 Megabytes it will be possible to continue surfing at the cost of €10+VAT until the total of 60 Megabytes has been reached.

- 100 SMS you can send another 35 SMS in Italy at a cost of €10+VAT or 35 SMS abroad at a cost of €17+VAT up to a maximum of 135 SMS.

- 100 minutes voice it will be possible to continue making calls for a further 105 minutes at a cost of 10€+VAT or 35 minutes to international numbers at a cost of 17€+VAT up to a total of 205 minutes to national numbers or a maximum of 37 international minutes.



The present conditions are updated to 17 March 2023