Art. 1 - Scope
1.1
These Sales Conditions refer to the online purchase of products from the website www.xmetrics.it owned by the company XMetrics
®
S.r.l. (hereinafter XMetrics
®
) with registered office in Via Caravaggio n. 3,
20060 Bussero (MI).
1.2
These purchases can be made exclusively by Consumers.
1.3
Each purchase will be regulated by current law provisions on e-commerce and in compliance with the
Consumer Code. As regards the safeguard of the privacy of the personal data entered at the time of purchase, all personal data will be managed in full compliance with the provisions of Italian Legislative
Decree no. 196 of 30/06/2003.
1.4
XMetrics® reserves the right to modify these sales conditions without notice, without prejudice to the application of the sales conditions applicable at the time of the purchase.
Art. 2 - Client's Obligations
2.1
These Sales Conditions must be examined on-line by the Clients visiting www.xmetrics.it, before confirming their purchase. Sending confirmation of the order therefore implies full knowledge and acceptance of the conditions.
Art. 3 - Acceptance of the sales conditions
3.1
The Client, sending the purchase order electronically, unconditionally accepts and pledges, in his/her relations with XMetrics®, to comply with the general and payment conditions specified below, declaring to have read and accepted all the indications provided in accordance with the above-stated law provisions, also acknowledging that XMetrics® is not bound to other conditions unless agreed on in writing.
Art. 4 - Purchase procedure
4.1
www.xmetrics.it is a website, which sells the products marketed by XMetrics®.
4.2
The purchase of products, available as illustrated and described on-line in the descriptive and technical datasheets, is made by the Client at the price indicated, to be confirmed at the time of transmission of the order, increased by the shipment costs as specified in the article below (Shipment and Delivery of the
Products) and in any case displayed at the moment of purchase.
4.3
The prices of the service are given in Euros, US Dollars and GBP.
4.4
The sales prices indicated on the website may be modified by XMetrics® at any time and without the need to give notice.
4.5
The published prices of the products cancel and replace the previous ones and shown prices validity are subordinated to actual product availability.
4.6
Before confirming the order the Client will be shown a summary of the unitary cost for each product chosen, the total cost in the case of the purchase of more than one product and the shipment charges. Any charges for customs duty and local taxes, will not be shown, but will in any case be borne by the customer pursuant to art. 4.10
4.7
Once the order has been confirmed and transmitted, the Client will receive within 24 hours an email which represents acceptance of the order and which will contain the following information:
- order confirmation and acceptance;
- order number and date;
- code, description and price of the purchased product/products;
- the total amount of the order placed;
- sales conditions.
4.8
All purchase order transmitted electronically to XMetrics® must be complete. XMetrics® reserves the right not to accept incomplete or incorrectly formulated orders, subject to communication sent within 48 hours.

4.9
The Client can check and modify his/her personal data any time. Moreover, he/she can consult his/her contract any time in the order confirmation email.
4.10
Any charges for import duties and local taxes will be borne exclusively by the customer.
Art. 5 – Payments
Payments can be made on www.xmetrics.it using the following methods:
- Credit card
- Paypal
5.1
Credit card - The Client can make the payment using a credit card belonging to the following circuits:
Visa, Visa Electron, Postepay, Prepaid Paypal, American Express, Mastercard. Maestro International
(issued abroad), Carta Si.
The Client's financial information (credit card number, expiry date, etc.) will be transmitted using encrypted protocols, according to the "PCIDSS" (payment Card Industry –Data Security standard) security standard.
The "PCIDSS" security system is a set of rules, directives and organisational techniques having the aim of maintaining a high level of security of payments made using Credit/Debit Cards issued by the international circuits. These standards establish which data can be stored and the protection method including the PAN, the card holder's name, expiry date, providing that they are protected.
Data such as the authentication and authorization for the transactions such as the code and reading of the magnetic strip, CVV or CVV2 cannot be stored, nor can method of their protection.
XMetrics® will not use information about the transaction except to complete the procedures related to the purchase of the goods and to issue refunds in the case of the return of products or cancellation of the order or whenever it is absolutely necessary.
5.2
Paypal – The Client can make the payment using PayPal through his/her PayPal account.
Art. 6 – Shipment and delivery of the products
6.1
The products purchased will be delivered by XMetrics® through a courier to the address indicated by the
Client.
6.2
The contribution for the shipment charges will be charged to the Client, the details are available at http://www.xmetrics.it/getxmetrics .
6.3
Approximately, without this entailing any commitment for XMetrics®, the products purchased will be delivered by courier within 15 working days following the order confirmation.
6.4
The products will be delivered on working days.
6.5
Any special delivery terms and conditions must be agreed on in advance in writing between the Client and XMetrics®.
6.6
XMetrics® will not be liable for delays in delivery if such delay is due to the absence of the addressee at the delivery address. Any product storage costs with the shipping company will be the sole responsibility of the customer.
6.7
The Client must check on receipt that the product is the one actually ordered as follows:
- the number of packages indicated on the waybill corresponds to the number of packages actually delivered;
- the package is integral, not damaged and in any case compliant with the standard characteristics of an
XMetrics® package.
Art. 7 - Warranties
7.1
The devices purchased from www.Xmetrics.it are supplied with the Manufacturer's Warranty.
7.2
The Manufacturer's Warranty covers 24 months following the purchase of the product for consumers resident in an EU member state. If the consumer is resident in a country outside the European Union, the duration of the Manufacturer's Warranty in the consumer's country of residence will apply.
7.3
The warranty indicated above will apply exclusively for inherent flaws of the product, proven problems during the normal use of the product and thus when used in accordance with any technical documentation, observing the various operating instructions indicated therein.

7.4
The inherent flaw must be reported to the manufacturer within and no later than 2 months following its identification.
7.5
The warranty will be null and void if the device has been opened or tampered with.
7.6
The warranty indicated above will not be applicable in the case of negligence in its use and maintenance.
7.7
The Client must return the product in accordance with the instructions indicated in the specific section of the website www.xmetrics.it/customersupport, indicating the flaw, in order to allow the customer support staff to arrange for the repair or substitution of the product under warranty.
Art. 8 - Cancellation right
8.1
The Consumer (and he/she only) is entitled to cancel without incurring in a penalty and without the need to specify the reason, within a deadline of fourteen days following the date of delivery.
8.2
The cancellation right has to be exercised within this deadline by sending a written communication in which he/she expresses the intention to exercise the cancellation right.
8.3
This communication must be sent to the registered office of XMetrics® in Bussero (MI), Via Caravaggio no. 3.
8.4
The communication can be sent, within the same deadline, also by telegram at the address indicated at point 8.3 and email at info@xmetrics.it
. The cancellation communication is considered valid if sent in the times sent.
8.5
The above-stated communication must indicate the order number and, if the cancellation right regards only a part of the goods purchased on the site, the products for which the cancellation right is exercised.
8.6
When XMetrics® receives the communication as of points 8.2 and 8.3 the parties are relieved from their respective obligations deriving from the contract.
8.7
The deadline for the return of the product is fourteen (14) days following communication of the intention to cancel. The refund has to be made with the same delivery methods, using the same carrier. For the purpose of the expiry of the deadline, the goods are considered returned on the date on which they are delivered to the XMetrics®’ carrier.
8.8
The substantial integrity of the goods to the returned is an essential condition when exercising the cancellation right. The goods shall include, in addition to the product (device and its silicone band), also headphones, usb cable and carton box. In any case, it is sufficient that the product be returned in a normal state of conservation as it has been stored and possibly used with due care and diligence.
8.9
The direct costs of the return of the goods are charged to the Consumer and will be the only costs due by the Consumer in the exercise of the cancellation right.
8.10
XMetrics® will refund the amounts paid by the Consumer as rapidly as possible and in any case no later than 14 days following the date on which XMetrics® becomes aware of the Consumer's exercise of the cancellation right. XMetrics® is entitled to wait for the goods to be returned or proof of shipment of same before refunding the Client. XMetrics®, before making a refund, will wait to receive the goods and verify the conformity between what has been sent and what was received by the Customer.
8.11
The refund will be made using the same mans of payment used by the Client for the purchase of the product.
8.12
Clients who purchase personalised products with their initials on the device cannot exercise the cancellation right in accordance with article 59, paragraph 1, point c) of the Consumer Code.
Art. 9 - Privacy
9.1
In accordance with Italian Legislative Decree no. 196 of 30/06/2003, the Client expressly authorises
XMetrics® to gather, use, communicate and/or disclose his/her personal data, as provided when filling in the on-line forms for purposes useful for or related to the management of the relationship with the Client and for purposes related to the obligations set forth in applicable law provisions.
9.2
The Client declares that he/she is aware that, if during he/she expressly gives his/her consent on registration, the data provided will be used for promotional purposes.

9.3
The data provided for the above-mentioned purposes will be processed using automated and nonautomated means, yet always in accordance with rules governing privacy and security set forth by law.
9.4
The person in question expressly holds the rights as of article 7 of Italian Legislative Decree no. 196 of
30/06/2003 which can be consulted at any time on the "Privacy" page of the www.Xmetrics.it website, which can be accessed from any page of the website. More precisely, the rights of the data subject are: to obtain confirmation as to whether or not personal data concerning him exist; the source of the personal data; the logic applied to the processing; updating, rectification or, where interested therein, integration of the data; erasure, anonymization or blocking of data that have been processed unlawfully; to object on legitimate grounds, to the processing of personal data concerning him/her or in the case of use of data for the transmission of publicity material, commercial information, market surveys, direct sales and interactive commercial communication, without prejudice to the fact that the communications must be sent to the registered office of the company or to the email address privacy@xmetrics.it
.
Art. 10 - Information and complaints
10.1
Please contact XMetrics® at info@xmetrics.it for any clarifications you may need or any complaints you intend to make.
Art. 11 - Applicable law and ruling court
11.1
This contract is governed by the laws of Italy.
11.2
For any dispute regarding the validity, interpretation or performance of same contract, territorial jurisdiction will be than of the place of residence or domicile of the Consumer, as set forth in the
Consumer Code.
Art. 12 – ODR – Online Dispute Resolution
12.1
In the event of any disputes arising under or relating to this agreement, the consumer has the right to apply to the ODR (Online Dispute Resolution) platform to resolve the dispute pursuant to
Directive 2013/11/EU and art. 14 Regulation (EU) No. 524/2013.
12.2
You can access the ODR (Online Dispute Resolution) platform using the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage