General terms and conditions - Skypoint S.r.l.

 

1. INTRODUCTION
2. OBJECT OF THE CONTRACT
3. PRECONTRACTUALS CUSTOMER INFORMATION
4. HOW TO SUBMIT, PAY OR DELETE AN ORDER
5. GIFT VOUCHERS AND DISCOUNT COUPONS
6. PRICES
7. TERMS AND DELIVERY
8. RIGHT OF WITHDRAWAL
9. PERSONAL DATA
10. WARRANTIES
11. JURISDICTION AND LAW APPLIED

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1. INTRODUCTION

1.1 The following General Terms and Conditions of Sale (GTCs) apply to contracts concluded between Skypoint S.r.l. (hereinafter 'Skypoint') and its customers (hereinafter the 'Customer/s'), via the website https://www.skypoint.it (the 'Website') and other channels (telephone, e-mail), concerning the goods listed on the Website itself, hereinafter referred to as 'Product/s'. The Website is managed by Skypoint srl, via Zorutti 145/11, 33030, Campoformido (UD), Italy, intra-community VAT number IT02120230301 ("Skypoint").

1.2 These conditions of sale apply to all contracts concluded online (via the Site or e-mail) and by telephone, as of 16/03/2017. The General Conditions applicable are those in force on the date the purchase order is sent.

1.3 The Customer is obliged to retain these general terms and conditions and any other information that Skypoint communicates to him. The present GTCs form an integral and essential part of the contract for the purchase of any Product and the placing of an Order implies its acceptance by the Customer.

1.4 The GTCs may be amended at any time, subject to the user's right of withdrawal set out in point 1.5 below. Any amendments and/or new conditions will be in force from the time of their publication on the Site. To this end, we invite users to regularly access the Site and to check the publication of the most up-to-date GTCs.

1.5 In the event that the user does not wish to accept the changes to the GTCs, he/she may withdraw by giving 7 days' notice by registered letter with acknowledgement of receipt or by e-mail. Continued use of the Service after the period referred to in this paragraph constitutes manifestation of the user's willingness to accept the GTCs.

1.6 Should any present or future provision of the GTCs and/or the agreement be or become wholly or partially null and void and/or ineffective, or should there be a gap in the provisions of the GTCs and/or the agreement, the remaining provisions of the GTCs and the agreement shall nevertheless remain valid and effective. It is understood that Skypoint and the Customer shall endeavour to negotiate in good faith the integration of the gap or the replacement of the invalid and/or ineffective clause with the aim of achieving the same results as those pursued by the invalid or ineffective clause and to safeguard the economic substance of the contract.

1.7 Consumers shall benefit, in particular, from all the protections provided for in the case of the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code"), as well as from all the further protections provided for, in favour of Consumers, by the Consumer Code itself and by any other applicable law.

1.8 These general conditions apply exclusively to the purchase of new products. They do not apply to the services offered in the "Services" section of the Website or to used products in the "Second hand" section of this Website.

2. OBJECT OF THE CONTRACT

Definitions applicable to GTCs.

“Consumer”: the individual, not possessor of a valid VAT number, which places an Order for purposes unrelated to business, commercial, craft or profession (Art. 1, paragraph 1, lett. a Italian Consumer Code).

“Professional”: the natural or legal person who places an Order in the exercise of its corporate, commercial, craft or profession, or an intermediary (Art. 1, paragraph 1, lett. c Italian Consumer Code).

“Customer”: depending on the circumstances the Consumer or the Professional.

“Website”: textual and / or multimedia contents published at www.skypoint.it and in all its pages and sections, as well as web forms for interactivity and data manipulation on the part of these pages.

“Contract”: all agreements between Skypoint and a customer about the purchase by the latter of one or more products, concluded via the Internet in the manner prescribed by this GTCs.

“Working day”: any day of the week, except Saturdays, Sundays and public holidays under Italian law.

“Order”: any proposal for the acquisition of one or more products, made by the customer towards Skypoint as provided in the GTC.

3. CUSTOMER INFORMATION PRECONTRACTUAL - ART. 49 D.LGS: 2006/2005

The customer, before the conclusion of the purchase agreement, is informed that:

a) The supplier of the products is Skypoint Srl located in Via Zorutti 145/11, 33030, Campoformido (UD), Italy; VAT ID IT02120230301

b) The supplier may be contacted via email at info@skypoint.it or by phone at (+39) 0432 652609.

c) The price of goods and accessory services are expressed in Euro and inclusive of taxes as explained in chapter 6.

d) The essential characteristics of the goods offered by Skypoint are those indicated in the product catalogue (poducts, nested pages and price lists). The descriptions, data sheets and illustrative images contained in the Website are taken from the information provided by the manufacturers. The equipment indicated in the product sheets, as it is subject to change by importers or manufacturers, may vary without notice and without being indicated in the descriptions. In order to be certain of the components included with the products sold, we recommend that you contact us to verify the actual equipment. Skypoint nevertheless endeavours to keep descriptions as close to reality as possible.

e) The technical steps to conclude the contract are those described in Chapters 1 and 2 of the specific section called "Site Guide" published on the website www.skypoint.it/en/general-terms-and-conditions.

f) Transport modes are indicated in chapter 7.

g) The permitted methods of payment are: bank transfer in advance, credit card on the payment platform made available by the bank contracted with Skypoint, PayPal and cash on delivery, as better specified in chapter 3 of the specific section called "Site Guide" published at INSERIRE LINK CORRETTO.

h) The consumer has a right of withdrawal provided by the Consumer Code ( d.lgs. 206/2005 ) as specified in chapter 8.

i) Products purchased are covered by the legal guarantee of conformity and the Commercial Guarantees provided by Skypoint Srl as specified in chapter 10.

j) The products contained in catalogs Skypoint are proposed under the conditions and at the price indicated next; any change therein will be made available to the consumer with similar means.

k) The conditions of sale and any other information that Skypoint gives customer, can be downloaded and printed using the functions provided by the customer's navigation program. You also can download the GTCs on PDF and store, clicking here. To view the PDF files you need to use the free Adobe Reader (www.adobe.it) or other equivalent programs compatible with the PDF format.

l) The customer can store the data of the order and saving the data displayed on the web page of the site prior to the submission of any order using the functions provided by your navigation program (browser) or by waiting the email generated automatically from the Site following the forwarding of the Order and with the review of the Order Confirmation and sent to the email address specified by the customer. This e-mail confirmation will contain the data of the Order submitted by the Customer, over the Internet at the GCS, and can print or save these documents, making use of the functions of your navigation program.

m) In relations between Skypoint and customers it recognized the principle of self responsibility so who has custody of the computer from which you made the order bears the responsibilities that depend on its use.

n) The Customer is obliged to enter and/or communicate true data. It is strictly forbidden to enter and/or communicate false and/or invented and/or fictitious data of third parties. Registration on the Site and the placing of orders is reserved exclusively for Customers who have reached the age of eighteen years. Anyone who does not respect these principles assumes total responsibility.

o) The purpose of the processing of personal data are those provided by chapter 9 of GTCS.

p) If you need the invoice, you have to specify the request in the proper text fields during the purchase phase on the website. Otherwise you will receive ordered goods with a "Nota di Consegna" (or "Delivery note"). This document should be kept to certify product warranty.

q) The descriptions, technical sheets and product images showed into www.skypoint.it website stem from informations provided by manufacturers. Accesories, descriptions and informations you can find into product detail pages could be slightly different from reality and they could vary without any notification. If you want to know the exact bundle delivered with any product we invite you to contact us directly. Skypoint commits nevertheless to keep updated product description.

4. HOW TO SUBMIT, PAY AND CANCEL AN ORDER

4.1 The ways in which you can register to the site and create an account are described in Chapter 1 of the "Website Guide" published on the website https://www.skypoint.it/en/general-terms-and-conditions.

4.2 The modalities of the web site through which you can submit an Order to Skypoint and the conditions with which they may become effective are described in sections 2.1 and 2.2 of Chapter 2 of the "Website Guide" published on the website https://www.skypoint.it/en/general-terms-and-conditions.

4.3 The cancellation of an Order is described and regulated by Section 2.3 of Chapter 2 of the "Website Guide" published on the website https://www.skypoint.it/en/general-terms-and-conditions.

4.4 The methods of payment accepted and available on the Web site are listed and described in chapter 3 of "Website Guide" published on the website https://www.skypoint.it/en/general-terms-and-conditions.

4.5 In order to place an Order with Skypoint through channels other than the Website, it is necessary for the Customer to formalise their request by means of an email stating the nature of the goods requested, the quantity for each of them, their personal details for invoicing and the shipping address. This message can be sent to the e-mail address of a Skypoint employee or to the generic e-mail address info@skypoint.it. The formalisation of the order by e-mail must also take place following a telephone conversation.

4.6 Following a formal request by the Customer as per point 4.5, a Skypoint employee will reply. The Customer will receive an attached Order Confirmation, information regarding the availability of the goods and the information necessary to make payment. In the event that the Customer intends to accept the commercial proposal, he must sign the Order Confirmation and send it back to Skypoint by e-mail.

4.7 The payment methods available for telephone and e-mail orders are the same as those mentioned in Chapter 3 of the 'Site Guide' section, with the exception of the transaction by credit card or rechargeable card.

5. GIFT VOUCHERS AND DISCOUNT COUPONS

5.1 In Section 2.4 of Chapter 2 of the "Website Guide" published on the website INSERIRE LINK GUIDA AL SITO , They describe the conditions of purchase and use of Gift Certificates in the event that they are available on the Website.

5.2 If they are ongoing promotions, campaigns or offers that provide discount coupons, they will refer to and be governed by the provisions contained in Section 2.5 of Chapter 2 of the "Website Guide" published on the website INSERIRE LINK GUIDA AL SITO.

5.3 Gift Vouchers can also be purchased by e-mail or telephone, following the order procedures set out in points 4.5, 4.6 and 4.7. In addition to the requirements of point 4.5, the Customer must also communicate by e-mail the details of the recipient of the Gift Voucher and a short message. The Customer authorises Skypoint to process personal data relating to the beneficiary for the purpose of providing the service.

5.4 In the case of promotions, campaigns or offers that provide for free gifts on purchases, these will be placed directly in the shopping cart or indicated in the order confirmation that will be sent by e-mail, according to the terms of the promotion/offering itself.

6. PRICES

6.1 All sales prices of the Products shown on www.skypoint.it are in Euro and already include VAT.

6.2 The Customer accepts Skypoint's right to change prices at any time, however the goods shall be sold on the basis of the prices indicated on the Website at the time of creating the Order and indicated in the Order confirmation e-mail sent to the Customer by Skypoint.

6.3 In the event of a computer, manual, technical or any other error that results in a substantial change, not foreseen by Skypoint, in the sale price to the public, making it exorbitant or clearly derisory, the Purchase Order shall be considered invalid and cancelled, and the amount paid by the Customer shall be refunded within 30 days from the day of cancellation.

6.4 The prices indicated in the Catalogue, unless otherwise indicated, do not include shipping costs, which are calculated automatically when Products are added to the cart, and may vary depending on the shipping method chosen, the Products selected and the delivery location. By accessing the shopping cart it is always possible to have the shipping costs quantified and it is possible to choose between various carriers if available. Any additional costs (e.g. cash-on-delivery and insurance fees) are also highlighted during the purchase phase.

6.5 For some particular Products, it is not possible to automatically produce a quantification of shipping costs. A rough estimate will therefore be presented and it will be duly indicated that it is an estimate. In order to obtain an exact quantification, the Customer is invited to contact Skypoint and request an exact quote for shipping and insurance costs. Skypoint will inform the customer by e-mail or telephone. Upon receipt of the communication, the Customer shall have the right to confirm the Order of the goods (thus accepting all terms of delivery) or refuse it. In the event of refusal, Skypoint will reimburse any sum paid by the Customer, immediately, and in any case within 30 days from the day after the Order was sent. The amount of the refund will be communicated by e-mail, and credited to the same means of payment used for the purchase or by bank transfer. Skypoint declines all responsibility for any delays in crediting, whether they depend on the bank or the type of credit card used for payment. In the case of changes made to the Order placed by the Customer through the Website and agreed by telephone or email, an updated Order Confirmation will be sent to the Customer. The Customer shall return the duly signed Order Confirmation by e-mail after checking the data entered therein. The resending of the duly signed Order Confirmation by the Customer shall constitute acceptance of the GTCs and with it the Customer undertakes to pay the amount indicated and thereby accepts the obligation to pay.

6.6 In the case of Orders placed by e-mail or telephone, the shipping costs will be communicated to the Customer at the time of the Order and included in the Order Confirmation that will be sent to him by e-mail.

7. TERMS AND DELIVERY

7.1 Goods are shipped by express courier or carrier, depending on the goods to be shipped or the service required.

7.2 Delivery by the carrier is always intended to be on the ground floor.

7.3 Any need for additional means or persons during delivery shall be at the expense of the Customer.

7.4 For the delivery of the goods, the presence of the Customer or his agent at the recipient's address indicated in the Order is required (the signature of an adult over 18 years of age will be required). Delivery is deemed completed when the Product is made available to the Customer at the address specified in the Order form.

7.5 In the event that the Customer or his agent fails to collect the goods at the first attempt, any further storage and redelivery costs shall be borne by the Customer.
In the event of non-delivery due to the absence of the addressee at the specified address, the appointed courier shall normally leave a notice to certify the attempted delivery. Typically, the assigned courier shall attempt a new delivery the next day, or indicate (on the notice delivered the day before) the data and procedures according to which the addressee must agree a second delivery attempt with the courier. This procedure is to all intents and purposes to be considered indicative, as it depends exclusively on the courier in charge of the delivery. Skypoint does not and cannot assume any responsibility for the conduct assumed by the local courier and/or the redelivery methods adopted for the second attempt. After two unsuccessful attempts at delivery, the package will go into storage and Skypoint will contact the user in order to unblock the storage and arrange for delivery to take place as soon as possible. If this attempt is also unsuccessful, the purchased Product will be sent back to Skypoint. Once 30 days have elapsed from the date on which the Product is returned to Skypoint, the contract shall be considered terminated and the Purchase Order cancelled pursuant to Article 1456 of the Italian Civil Code. Skypoint shall proceed to refund the sum paid by the user net of the costs of the unsuccessful delivery of the Product, as well as the costs of returning the same to Skypoint and the storage costs claimed by the Carrier. The termination of the contract and the amount of the refund will be communicated to the user by e-mail. The refund amount will be credited to the means of payment used by the user for the purchase or by bank transfer. Should the user request to receive the purchased Product again before the 30-day period has expired, Skypoint will proceed with the new delivery, charging the costs of returning the product to Skypoint and the storage costs.

7.6 Skypoint entrusts the ordered goods to the Carrier in perfectly intact packaging. At the time of delivery of the goods, the Customer or his/her representative is required to check
- that the package(s) being delivered is (are) the one(s) actually intended for him/her, as verified by the label affixed to the outside of the packaging
- that the number of packages delivered corresponds to the number indicated on the transport document or accompanying invoice or proof of delivery in the possession of the Carrier
- that the packaging is undamaged, not damaged, not wet or in any way altered.
The risks arising from transport are in no way attributable to Skypoint.

In the event that the goods or the packaging that protects them at the time of delivery are damaged - even minimally -, or one or more packages are missing, or the outer seals (adhesive tape) have been tampered with, it is mandatory to sign a specific reservation, indicating the anomalies found in as much detail as possible on the appropriate form in the Carrier's possession (digital or paper). If the Customer or his agent fails to make a reservation at the time of delivery, it will not be possible to benefit from the shipment insurance that may have been requested at the time of the Order. This insurance is optional and may be requested both for Orders on the Site and for Orders by e-mail or telephone. In the absence of insurance, the only reimbursement due by the Carrier and provided for by law (Art. 10 Legislative Decree 286/05) is 1.00 Euro per kilogram of gross weight of the goods lost or damaged. Even this type of reimbursement provided for by law is, however, subject to the affixing of a specific reservation at the time of delivery.

In summary, once the Carrier's document has been signed and the delivery has been accepted without reservation, the Customer may not raise any objection regarding the external characteristics of the goods delivered.
In any case, the Customer must notify Skypoint of the damage found as promptly as possible, and in any case no later than 24 hours after delivery of the goods, under penalty of forfeiture of insurance cover. In particular, they must inform Skypoint of the name of the Carrier, the method and date of delivery, photographs of the damaged Product and a detailed description of the damage found.

7.7 Any damage, complaints or mismatch in the number of packages or indications must be immediately contested to the person making the delivery by placing a specific reservation. Furthermore, a registered letter with acknowledgement of receipt must be sent within 24 hours from the time of delivery to Skypoint S.r.l., Via Zorutti 145/11, 33030 Campoformido (UD), Italy, or via PEC to the address skypoint@mypec.eu (to be used exclusively if the sender is in possession of a PEC address) anticipating the contents to the e-mail address info@skypoint.it. The content of this communication is described above under 7.6.
Any notification after the above deadlines shall be considered late and shall not be taken into account. For each statement, the Customer assumes full responsibility for it.

7.8 As a rule, Skypoint dispatches within 3 working days from the day on which it receives the Order or payment for it. In the event of any unforeseen circumstances, the Consumer is notified by email or other means. In the case of availability of goods, Skypoint undertakes to execute contracts within 15 working days from the day on which it accepts the Order.

7.9 Skypoint shall not be held responsible for non-delivery or delayed delivery due to causes of force majeure such as (by way of example) strikes, public authority measures, rationing or shortages of energy or raw materials, transport difficulties, fires, floods and damage to industrial machinery beyond Skypoint's control. Skypoint shall promptly notify the Customer of the occurrence and disappearance of a cause of force majeure. Should the cause of force majeure persist for a period exceeding 30 days, either party shall be entitled to withdraw from the contract. In the event of termination pursuant to this Section, the Customer shall not be entitled to any indemnity or compensation for any reason whatsoever, without prejudice to the right to a refund of any amount already paid as price for the Product(s) object of the Order, within 30 days from the dispatch of the Order.

7.10 In any case, Skypoint is a third party in the relationship between customer and carrier of the goods. The Carrier is liable in its own right for the delivery of the goods to the Customer.

7.11 It is possible to collect the Products ordered via the Site or other channels, directly at the shop in Campoformido, in which case no additional costs will be charged for the transport of the goods. Not all Products can be collected in shop.

8. RIGHT OF WITHDRAWAL

8.1 The Customer who is a Consumer and has purchased products via the Website, email or telephone, has the right to withdraw from the Contract concluded with Skypoint, without any penalty and without specifying the reason, within a period of 14 working days, as per current legislation, starting from the day of receipt of the goods purchased.

8.2 The right of withdrawal must be exercised, within the period referred to in clause (8.1) above, in one of the following ways:

• 8.2.a By sending a registered letter with acknowledgement of receipt to be sent to the address
  
  Skypoint S.r.l.
  Via Pietro Zorutti 145/11
  33030 Campoformido (UDINE)
  Italia
  
  The notice sent must clearly state the wish to withdraw from the Contract, without having to give any reasons and without incurring any costs other than those of returning the goods.
  Withdrawal may also be anticipated by e-mail to info@skypoint.it provided that the notice of withdrawal is confirmed by registered letter with acknowledgement of receipt within the following 48 hours.

• 8.2.b If you have a certified e-mail account (PEC), you only need to write to skypoint@mypec.eu (to be used only if the sender also has a PEC address).
  As provided for by the regulations in force, e-mails sent from PEC address to PEC address have the value of registered mail.

8.3 The burden of proof concerning the exercise of the right of withdrawal lies with the consumer.

8.4 The consumer must also arrange for the purchased products to be sent, using a carrier of his choice and at his own expense, within 14 days from the date of communication of the withdrawal, to the following address:

Skypoint S.r.l.
Via Pietro Zorutti 145/11
33030 Campoformido (UDINE)
Italia

The costs and risks involved in returning products are borne by the customer. Skypoint can be contacted regarding the choice of courier to be used for the return and how to package the goods.

8.5 An essential condition for the exercise of the right of withdrawal is the total integrity of the products, which must be returned exactly in the condition in which they were received and not altered in any warranty seals. The Products must always include their original packaging. It must be the Consumer's responsibility that the Products are returned intact in their original packaging and with adequate outer packaging, under penalty of non-acceptance of the goods.

8.6 The procedures for returning the goods in the event of withdrawal are:

1. the Consumer sends the registered letter or PEC
2. the Consumer must notify Skypoint by e-mail at info@skypoint.it of the method of transport of the goods
3. Skypoint shall reply by e-mail to the Consumer, indicating the means of transport that it deems correct for the safeguarding of the goods
4. in any case the goods must be returned in their original packaging with all their contents
5. the goods shall be deemed to have been returned when the carrier returns the goods to the address indicated in paragraph 8.4 in the name and on behalf of the Consumer who has exercised the right of withdrawal.

8.7 The cost of returning the goods to Skypoint shall be borne by the consumer exercising the right of withdrawal.

8.8 Skypoint reserves the necessary time to check the condition of the returned goods before reimbursing the consumer for the sums paid. If the prerequisites are met, Skypoint will refund within 30 days of receipt of the returned goods.

8.9 The reimbursement may be made via the means of payment used by the user for the purchase or by bank transfer to a current account in the name of the consumer who made the purchase for which he/she is requesting withdrawal.

8.10 In the event that the delivered goods are partly deteriorated (spoiled, missing parts or packaging, etc.), a decrease in the value of the goods will be agreed upon and thus a lower amount will be refunded than paid by the Customer.

8.11 Who has no right of withdrawal:

• 8.11.a The customer may not exercise the right of withdrawal if he/she is purchasing for purposes related to his/her business or professional activity, i.e. if he/she has purchased with a VAT number and an invoice has been issued;
• 8.11.b The right of withdrawal does not apply to goods ordered and customised for the Customer as they are not in stock at the time of the order. The eventual acceptance of the return request by Skypoint will be at Skypoint's sole discretion;
• 8.11.c The right does not apply to sealed audiovisual products or computer software (including those attached to hardware) once opened. The right of withdrawal does not apply to software licences.

8.12 In the event of damage to the goods during transport for the return of the Product/s, Skypoint s.r.l. will notify the Customer of the incident (within 5 working days of receipt of the goods in its warehouses), to enable him/her to file a timely complaint against the Carrier of his/her choice and obtain reimbursement of the value of the goods (if insured); in this case, the Product will be made available to the Consumer for its return, at the same time cancelling the request for withdrawal.

8.13 Skypoint shall not be liable in any way for damage or theft/loss of goods returned by uninsured shipments.

9. PERSONAL DATA

9.1 The Customer, for the purpose of concluding the sales contract, may communicate or indicate in the appropriate form on the Skypoint website, all personal data that are considered necessary for the completion of the Order.

9.2 Skypoint and all Carriers used for shipments are autonomous controllers of the personal data collected by Skypoint.

9.3 The purposes of the collection and processing of personal dait are indicated in the Privacy Policy, which can be consulted at the following address of the Site: www.skypoint.it/privacy-policy

9.4 The provision of personal data is necessary for the purposes of the required identification of the customer and the proper execution of the contract. In the absence of such information, Skypoint reserves the right not to accept the Order.

9.5 Skypoint reserves the right to terminate the concluded contract on the grounds of non-performance if the personal data provided subsequently prove to be unsuitable for the proper performance of the contract.

9.6 The Customer undertakes not to make double registrations on the Site.

9.7 The Customer is solely responsible for the correctness and accuracy of the personal data he/she communicates to Skypoint. In particular, the Customer shall bear any liability arising from the issue of incorrect tax documents due to errors in the data he has provided.

9.8 The storage and processing of data will take place in accordance with the content of the notice regarding the protection and use of personal data by Skypoint ("Privacy Policy"). Notwithstanding the foregoing, any use of the Customer's personal information shall be subject to the provisions of the Privacy Policy.

10. WARRANTIES

10.1 - LEGAL WARRANTY

Pursuant to Legislative Decree 206/2005 ("Consumer Code") all products on sale are covered by a 24-month Legal Warranty, except for used products which are covered by a 12-month warranty and used electronic goods which are covered by a 6-month warranty. In accordance with the 24-month Legal Warranty, Skypoint is liable to the Consumer (the natural person acting for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity carried out) for conformity defects that were not apparent at the time of purchase. The 24-month Legal Warranty does not apply to products purchased with an invoice and VAT number by professionals and businesses.

The lack of conformity exists when the product:

• is not suitable for the use for which it is normally intended,
• does not conform to the description or does not possess the qualities promised by the seller,
• does not offer the usual qualities and performance of a good of the same type,
• is not suitable for the particular use intended by the consumer if brought to the knowledge of the seller at the time of purchase and accepted by the seller (Art. 129 of the Consumer Code).

A conformity defect that becomes apparent within 24 months from the date of purchase of the goods must be reported within 2 months from the date of discovery of the defect.

Unless proven otherwise, defects in conformity that become apparent within 6 months after delivery of the goods are presumed to have already existed on that date.

In the event of a conformity defect duly reported within the time limit, the Consumer is entitled:

• in the first instance, the repair or replacement of the goods (Art. 130 of the Consumer Code). The consumer may request, at his option, the seller to repair the goods or to replace them, free of charge in either case, unless the remedy requested is objectively impossible or excessively onerous compared to the other. The remedy requested is "excessively onerous" when it imposes unreasonable expenses on the seller in relation to the alternatives, taking into account the value of the undamaged goods, the extent of the defect and the possibility of resorting to alternative remedies without significant inconvenience to the consumer.
• in the alternative (where the first two remedies are impossible or unreasonably expensive, or have not been carried out within a reasonable time, or where previous repairs or replacements have caused considerable inconvenience to the consumer), to request a price reduction or termination of the contract.

Repairs or replacements must be carried out within a reasonable period of time after the Consumer's request; the average time for returning the product to the Consumer is 30 days. If Skypoint is unable to return the repaired product within the maximum period of 60 days, the consumer may request one of the alternative remedies (replacement, termination of contract, price reduction).

In the event that the Consumer discovers conformity defects in the purchased Product, he shall:

• Send a written communication to the Skypoint support service by e-mail to support@skypoint.it
• Wait for the form sent electronically by Skypoint containing the Return Authorization Number identifying the case
• Pack the product including all accessories, manuals and everything contained in the original packaging of the product as well as the packaging itself
• Include inside the package a printed, dated and signed copy of the Return Authorization Form received previously, duly filled out in the appropriate spaces reserved for the client's personal data if not already filled out in full by Skypoint personnel
• Indicate the return authorisation number assigned on the shipping package

Skypoint will contact the Client by e-mail or telephone to arrange the pick-up of the Product by the Carrier.

10.2 - MANUFACTURER WARRANTY

The Manufacturer's Warranty, known as the Commercial Warranty, is in addition to, but does not replace, the 24-month Legal Warranty to which the consumer is entitled by right, subject to the conditions provided for by law. The duration, territorial extension and procedures for asserting this guarantee are set out in the appropriate form, drawn up by the manufacturer.

11. JURISDICTION, LAW APPLIED

11.1 Any dispute relating to the application, execution, interpretation and breach of the purchase contracts stipulated on-line via the www.skypoint.it website is subject to Italian jurisdiction, unless otherwise provided for by the combined provisions of Legislative Decree No. 50 of 15 January 1992 and Legislative Decree No. 185 of 22 May 1999.

11.2 The Court of Udine shall be exclusively competent for any dispute between the parties in connection with this contract, insofar as the provisions of Legislative Decree No. 50 of 15 January 1992 and Legislative Decree No. 185 of 22 May 1999 do not apply.

11.3 Italian law shall apply to this contract, subject to Article 5.2 of the Rome Convention of 19 June 1980, referred to in Article 57 of Law 218/1995.