TERMS AND CONDITIONS OF SALE
GENERAL CONDITIONS OF SUPPLY
General Terms and Conditions
E-commerce is subject to certain legal constraints that must be diligently observed. In order to undertake an eCommerce business, a number of basic principles must be followed: the main disciplines applicable to eCommerce are outlined below.
These terms and conditions apply in full to every order unless special written exceptions are sent by TOP Gaming PC to the Customer. Placing an order implies full acceptance of these terms and conditions.
Personal data processing
Our Shop follows the new European Data Protection Regulation (2016/679) which came fully into effect on May 25, 2018
You can find the full regulations here: https://www.topgamingpc.it/privacy-policy/
Prices shown on our website are in euros and include vat unless otherwise stated. Delivery charges are always borne by the Customer and are billed at the end of the order as a surcharge on selected products. TOP Gaming PC reserves the right to change prices at any time, but is equally committed to the prices shown on the site at the time the order is placed. In case of displaying a wrong and/or manifestly derisory price, for whatever reason (computer bug, manual error, technical error…), the order will be cancelled, even in case of initial validation.
Orders and availability
Customer orders are fulfilled within the limits of the quantities available in stock, in case the ordered product turns out to be available at the time of the order, but not in stock due to problems with updating quantities, TOP Gaming PC undertakes to contact the Customer within 3 days of receiving the order informing him/her of the exact time for delivery of the same. In the event that the unavailability of the product is final TOP Gaming PC undertakes to cancel the order and return the amount, if already paid by the customer in advance. TOP Gaming PC is committed to reimbursement as soon as possible and no later than 15 days after receipt of the same.
Accepted forms of payment are:
- IBAN bank transfer: IT62D36772223000EM001891682 Alessandro Daniele
- Payment card via Stripe
Goods are shipped ex our warehouse and travel with insurance coverage on the full amount, on behalf of and at the full risk of the buyer. To protect against financial loss, the Customer must carefully check the integrity of the package and accept it with written RESERVE countersigned by the courier in case of doubt. Only in this way can the Client allow TOP Gaming PC to proceed with the claim and refund the purchaser. If the Client fails to perform this integrity check, TOP Gaming PC will be unable to do anything to protect the Client from economic loss. If the courier refuses to verbalize the incident, you may refuse the package, requesting its return to the sender for damaged contents and giving us immediate notice.
You may request that delivery of the ordered goods be made to an address other than the billing address. A request for destination to another address can only be made at the same time as the order, and must also be stated on the order confirmation. If the different destination, due to an error, should not appear on the order confirmation, or the customer should request it later, it will be necessary to request the reissue of the corrected order confirmation by email, to be sure that when processing the order, the alternative address is respected. In the event that, for any reason whatsoever, the delivery address other than the billing address does not appear on the order confirmation and the customer does not request correction and subsequent reissuance of the order confirmation, delivery will be made to the billing address, disclaiming all liability for anything arising therefrom.
We will fulfill orders as soon as possible. The time frame for processing an order varies first of all depending on the type of payment chosen, and of course depending on the stock availability of the goods ordered. With payment by bank transfer, the order will be processed within the time stated in the order.
Returns and returns for repair or replacement.
The return of goods, in all cases, must first be expressly authorized by TOP Gaming PC. Return may be requested for wrong order, wrong supply, warranty repair (or replacement), or out-of-warranty repair. The return request for wrong order or wrong supply can be submitted to request replacement with other equipment or to request return or refund of what has been paid. Return request for wrong order or wrong supply must be made no later than 7 days after receipt of goods. A return request as a result of a wrong order will result in a refund of the amount paid minus shipping charges and a 20% penalty unless otherwise agreed. Following the request for return, if this is authorized, it will be communicated by email. The customer must send the goods to be returned to the address that will be communicated, indicating well on the package packaging the date and time of our authorization email. Equipment must be shipped freight prepaid or it will not be picked up by the receiving center. It is important that the packaging of equipment is done with the utmost care, taking all necessary precautions to prevent damage during transport. The equipment will first be checked, then a decision will be made, depending on the circumstances, whether to send it for service, replace it, or proceed with a refund (in the case of a return request).
In the case of a replacement request due to wrong order, it is essential that the customer also send in the order for the equipment to be replaced with at the same time as the return request. The two procedures will be processed separately from an accounting point of view: – The return of equipment will be followed by the issuance of a credit note, net of shipping costs; – An order confirmation will be sent to the customer regarding the equipment ordered as a replacement, with a value at least equal to or greater than the value of the returned equipment, informing the customer of the amount to be paid in balance, if any.
If following the return of equipment for replacement does not immediately follow an order for other equipment of equal or higher value (for example: if the customer is undecided what to order as a replacement), the procedure will be frozen pending receipt of the new order. It will not be possible to ask for the return of money for returned goods due to wrong order and simultaneous request for replacement, if the reconsideration occurs more than 7 days after receiving the goods.
A return will be allowed which will be followed by a refund of the amount paid (net of shipping costs and any other charges provided for the return) only if the request is made on time or in case of withdrawal, where applicable. Please note that for items supplied on order only (indicated in the product description), no replacement will be provided. Packaging, shipping and insurance costs and any other incidental charges (both for shipping and for returning the equipment) will be borne by the customer, in addition, of course, to any repair costs, if due.
In case of return of equipment for repair under warranty, any finding of absence of the defect complained of by the customer may result in the application of a penalty of euro 25.00 plus VAT.
Shipment of products for RMA opening and failure, to our Shop is Always borne by the Customer. Shipping back to the customer is the responsibility of TOP Gaming PC
In the case of return for out-of-warranty repair, the customer will be notified of the cost estimate for repair of the returned equipment. Non-acceptance of the quote will in any case result in a charge of 25.00 euros plus VAT, for management and diagnostic expenses.
Returns and returns for replacement due to transportation damage.
Return may also be requested if any equipment is damaged in transit. If the damage is already evident upon receipt of the package, it is advisable to point it out to the courier immediately and to pick up the package only if it is clearly indicated on the waybill copies that the package is accepted subject to verification and quantification of the damage in order to possibly claim reimbursement. If the courier refuses to verbalize the incident, you may refuse the package, requesting its return to the sender for damaged contents and giving us immediate notice. If the damage was not visible from the outside, or was missed by the recipient, it will not be easily possible to retaliate against the courier. In any case, since the goods travel insured, we will equally submit a claim for the damage suffered by the equipment. In order to be able to request the replacement of equipment damaged in transit, it is imperative that we are promptly notified. We therefore advise our customers to check the condition of the equipment immediately and very carefully upon receipt, as replacement requests for damage will not be accommodated beyond the 7th day from the time of shipment. At the same time, the customer is required to file a complaint with a local police headquarters in which they must indicate that they have received the damaged goods, stating that the damage was caused during transportation. The complaint is an indispensable document in order to be able to apply for reimbursement; therefore, the customer after submitting it must send us a copy. Since the time for assessment and eventual reimbursement of the damage is quite long, in order to avoid our customers having to wait for the completion of the claim investigation to get their replacement equipment back (assuming the claim is accepted), we give them the opportunity to return the damaged equipment for replacement. Following the return request, if this is authorized, it will be communicated by email of which the customer must always report the date and time if requested by TOP Gaming PC staff to handle the return. The customer must send the goods to be returned to the address that will be communicated, indicating well on the package packaging the date and time of the authorization email. Equipment must be shipped freight prepaid or it will not be picked up by the receiving center. It is important that the packaging of the equipment be done with the utmost care, taking all necessary precautions to prevent further damage to it during transport. As a refund claim will be submitted to the courier, the customer must also return the package that contained the damaged goods, because the courier may require us to show the package wrapping before authorizing the refund. Ideally, then, you should send back the entire box with the damaged equipment inside, enclosing it inside another box to leave the one from the previous shipment intact. It is also recommended to insure the returned goods to avoid further complications. The equipment will be checked first, then the customer will be notified about the possible shipment of replacement equipment. Following notification by the courier of the outcome regarding our claim for damaged equipment and what ensued, if successful, we will proceed, if acknowledged, to reimburse the shipping costs incurred in returning the damaged equipment.
Right of withdrawal
The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract entered into, without penalty and without specifying the reason. Just send a simple e-mail within 14 days to the date of signing the contract. The right of withdrawal is regulated under Art. 64 et seq. of Legislative Decree. 206/2005, (Consumer Code). The Right of Withdrawal is not available for customized goods, such as Gaming PCs.
The right of withdrawal is not allowed for orders billed to companies
IMPORTANT: Where applicable, the item must be returned in the same condition in which it was purchased, with the seals, plastics fully intact and packaging intact. In case contract, the asset cannot be returned
9.1 – Terms
– For contracts that have not yet been finalized, without having yet made payment, simply send a cancellation e-mail containing the details of the order and ns. order confirmation [email protected]
– For contracts already finalized with goods already received, you must give notice within 14 days from the date of receipt.
9.2 – Modalities
TOP Gaming PC is especially attentive to the needs of its customers. In the event that the customer wishes to return the purchased goods can do so very well by sending a simple communication by e-mail to [email protected] alternative the customer, if it deems it appropriate, can operate in the manner prescribed by law, by sending a registered letter with acknowledgment of receipt to the address specified in the invoice attached to the goods, specifying all the data of the sale. A telegram can also be sent within the same period to the address on the invoice. Upon receipt of the withdrawal request, an authorization e-mail will be sent to the customer. Also within the term of 14 working days must be returned to the sender-supplier all goods purchased, (including packaging and any documentation and accessory equipment: manuals, cables, etc.); to limit damage to the original packaging, we recommend, when possible, to put it in a second box. Affixing labels or adhesive tapes directly on the original product packaging should be avoided in all cases. That is, everything possible must be done to ensure that the returned product is intact in all its parts, including the packaging. The cost of return and the means to be used will be at the expense and responsibility of the Customer, who will not be compensated by TOP Gaming PC if the goods are lost or damaged. It will also be necessary to specify on the package the words “Subject: withdrawal, order no., invoice no., sender and authorization e-mail date.” Packages without the above information will not be accepted. Upon receipt of the goods TOP Gaming PC will, upon successful verification of the returned goods, issue a credit note for the full amount paid by the Customer, less shipping costs only. If for some ongoing promotion or any other reason TOP Gaming PC had given away some or all of the shipping costs to the customer, since said free gift is in any case conditional on the purchase, the purchase having failed, by returning the equipment, the shipping costs already incurred by TOP Gaming PC would be recovered and deducted on the credit note. In the event that the customer had, for example, paid an expense contribution of Euro 9.00, since the cost of shipping amounts to Euro 18.00, TOP Gaming PC will deduct the remaining Euro 9.00 on the credit note. Within the 14-day period, the credit note will be refunded unless the Customer decides to purchase merchandise of the same amount or keep the credit for future purchases.
Cases in which the right of withdrawal cannot be used
According to the provisions of Art. 5 – paragraph 3 – letter “d” – Legislative Decree. 185/99 The consumer may not avail himself of the right of withdrawal in the case of supply of sealed audiovisual products or computer software, opened by the consumer. The right of withdrawal lapses totally, for lack of the essential condition of integrity of the good (packaging and / or its contents), in cases where TOP Gaming PC ascertains: Use even partial use of the good and any consumables The lack of or damage to the outer packaging and / or the original inner packaging The absence of integral elements of the product (accessories,cables,manuals,parts, …) Damage to the product for reasons other than its transport. In the above cases, TOP Gaming PC will return the purchased goods to the sender, charging the sender for the shipping costs.
Who has no right of withdrawal
Consumers may not exercise this right of withdrawal if they purchase for purposes related to their entrepreneurial or professional activity i.e. where they had purchased with a VAT number, with the corresponding invoice issued, or in the case of Customized PCs.
Cancellation of an order
The customer may cancel the order by simply giving notice by e-mail to [email protected] as long as the order has not yet been processed.
13.1 – Order with payment by bank transfer in advance.
Should the cancellation occur after the shipment of the goods, the customer will still be required to receive the goods, subsequently requesting return authorization. After the return, a credit note will be issued and the customer will be refunded the amount paid, less shipping and insurance costs for both shipping and return. Even if the customer refuses to accept delivery of the goods in order to avoid the subsequent return, the customer will still be required to reimburse TOP Gaming PC for the shipping and insurance costs already incurred, as well as the shipping and insurance costs for the return of the goods by the courier.
13.2 – Order with cash on delivery payment.
If the customer who had requested and obtained to pay for the goods by cash on delivery, should cancel the order after the shipment of the goods, he will be required in any case to receive the goods, immediately requesting the return and refund of the amount paid, net of shipping costs. Even in the event that the customer refuses to accept delivery of the goods in order to avoid the subsequent return, the customer will still be required to reimburse TOP Gaming PC for the shipping and insurance costs, as well as the cash-on-delivery charges already incurred by it, as well as the shipping and insurance costs for the return of the goods by the carrier.
Our company has implemented and applies the “European Guarantee of Conformity” towards the “Consumer” (End User), which provides coverage for 24 months, from the date of purchase, against factory defects and non-conformities that may be detected on the purchased product. The “Commercial Warranty,” offered by the manufacturer, unless otherwise specified, is 12 months. The warranty does not cover products that are tampered with, repaired by a third party, or used not in accordance with the intended conditions of use. Products found to be defective, which in the sole judgment of the Supplier are found to be actually defective, may be repaired or replaced without any liability on the part of the Supplier for any direct or indirect damages. Return requests must be received by TOP Gaming PC in writing and should be sent to [email protected]. The warranty is provided exclusively at our workshops or those of the manufacturer, depending on the brand and type of equipment. The Buyer, upon receipt of the return authorization is required to ship back any defective product at his or her own risk and expense. The customer must ship the goods to be returned to the address that will be provided. Equipment must be shipped freight prepaid or it will not be picked up by the collection center. The equipment will be checked first, then a decision will be made, depending on the circumstances, whether to send it for service or replacement. Warranty for consumables such as lamps, batteries and the like is limited to what is stated in our product description. Shipping costs are always the responsibility of the customer unless otherwise noted on the return authorization e-mail.
The Buyer with I ‘order assumes responsibility for compliance with legal and safety regulations relating to the use of the purchased products. Therefore, all liability of the Supplier for any and all direct or indirect damage caused to persons or property by the improper use of the supplied products is excluded. The Supplier in no case can be held responsible, even indirectly, for the failure or insufficient functioning of the products and/or consequential damages.
All trademarks in our catalog are registered by their respective owners. The pictures accompanying the various items are for reference only and do not always represent the item in detail. To make sure you do not make mistakes, do not rely on the pictures but pay close attention to the descriptions that accompany each item. In case of uncertainty, our technical or commercial support is available to you to get all the clarification you need.
ARTICLE 10 – JURISDICTION AND VENUE PROFESSIONAL CLIENT DISPUTES
10.1 The Contract is governed by Italian law.
10.2 For any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to the Professional Client’s navigation on the Site or the use of any functionality made available to the Professional Client through the Site, the Court of Brno shall have exclusive jurisdiction.
ARTICLE 11 – ADR, JURISDICTION AND VENUE DISPUTES CONSUMER CUSTOMER
11.1 Any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to the navigation on the Site by the Customer-Consumer or to the use of any functionality made available to the same Customer-Consumer through the Site, shall be subject to an attempt at conciliation that will take place through the European platform of “Online Dispute Resolution”(cd ODR) available at https://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer can submit a complaint regarding a contract concluded online with Padovani s.r.o. and thus activate the online dispute resolution procedure. The merchant’s e-mail address to be included in the complaint is [email protected]
11.2 If the attempt at conciliation fails, the dispute shall be referred to the competent court of the Customer-Consumer’s place of residence or elective domicile.
11.3 This is without prejudice, in any case, to the Customer-Consumer’s right to bring the matter before the competent court of his or her place of residence or elective domicile whatever the outcome of the mediation procedure. The jurisdiction of this forum is mandatory and cannot be waived in any way.