The present General Terms and Conditions of Sale regulate the relations between DXP S.N.C. DI MESSINA FRANCESCO E MESSINA GIOVANNI (from now on abbreviated to DXP S.N.C.) and the Client in relation to the purchase of Products made at a distance, via the telematic network, on the UPLAY.IT Site. For anything not expressly regulated in these General Conditions of Sale, please refer to the provisions of Legislative Decree no. 185 of 22 May 1999 and to the applicable regulations of the Civil Code. Civil Code.
- UPLAY.IT: means DXP S.N.C., enrolled in the PISA Chamber of Commerce under no. 167112, Tax Code and VAT no. IT01. I.V.A. IT01936340502
- Customer: means the natural person who, in relation to sales contracts concluded with DXP S.N.C., acts for purposes unrelated to any business or professional activity carried out.
- Parties: means DXP S.N.C. and the Customer jointly.
- Site: means the Internet site of which DXP S.N.C. is the owner, marked by the URL WWW.UPLAY.IT
- Products: means the goods sold by DXP S.N.C. to the Customer indicated in the Order Confirmation and having the characteristics and qualities described on the Site.
- Contract: means the agreement, regulated by the present General Conditions of Sale, concluded between DXP S.N.C. and the Customer after DXP S.N.C. has accepted the Order Confirmation, by virtue of which DXP S.N.C. undertakes to deliver the Products to the Customer in accordance with the following terms and conditions.
- Order Confirmation: indicates the Customer's acceptance, sent to DXP S.N.C. by e-mail, of the unit price of the Product (or of the total price of the Products, in case of purchase of several goods), of the transport costs, of the characteristics and quality of the Product(s) and of the provisions contained in these General Conditions of Sale.
2.1 The receipt by DXP S.N.C. of the Order Confirmation, transmitted by the Customer by electronic transmission, determines the conclusion of the Contract.
2.2 With the conclusion of the Contract, DXP S.N.C. undertakes to supply the Customer with the Products under the terms and conditions laid down in these General Conditions of Sale, without prejudice to the right of DXP S.N.C. not to execute orders against persons who do not give sufficient guarantees of solvency.
2.3 The Customer, by sending the Order Confirmation, unconditionally accepts and undertakes to observe in his relations with DXP S.N.C. the provisions of these General Conditions of Sale.
2.4 The sending of the Order Confirmation, therefore, implies the full knowledge and acceptance by the Customer of these General Conditions of Sale as well as of the further information contained in the web pages of the Site referred to and linked therein.
2.5 Once the Contract is concluded and DXP S.N.C. receives the Order Confirmation, DXP S.N.C. will send to the Customer an e-mail containing the details of the order (prices, quantity and characteristics of the Products).
3.1 DXP S.N.C. sells on the Site only first quality games, which it buys directly from manufacturers and retailers carefully selected for their strict quality controls. DXP S.N.C., therefore, does not resell used games, irregular or of lower quality than the corresponding standards offered on the market.
3.2 The Products are depicted and made visible on the Site in an accurate manner and corresponding to the characteristics actually possessed. DXP S.N.C., in any case, is not able to guarantee the exact correspondence to reality in relation to the images and colours as they appear on the Customer's monitor and which may differ depending on the edition of the title in question.
3.3 The Parties mutually acknowledge that the games presented on the Site may no longer be available or for sale at the time of access to the Site by the User and that the relevant prices may be subject to updates.
4.1 Payment of the price of the Products and of any related shipping costs must be made by the Customer using one of the methods provided on the Site.
4.2 In case of payment by credit card, the financial information (card number, expiration date, etc..) will be automatically forwarded by encrypted protocol to Paypal (www.paypal.com), without DXP.S.N.C. or third parties having any access thereto. Moreover, this information will never be reused except to issue refunds in case of returns.
4.3 The amount of the order will be debited from the Customer's current account at the moment of payment, following the conclusion of an order placed on the uplay.it site.
DXP S.N.C. through UPLAY.IT usually delivers in 24/48 hours all over Italy by express courier and in 3/5 days by registered mail for items that for size and characteristics will be considered suitable by DXP S.N.C. for this type of shipment. In any case DXP S.N.C. reserves the right to change and offer new and different shipping methods if it is deemed appropriate, with the double objective of offering an appropriate and competitive service as well as better terms of sale for both parties..
The goods travel insured when deemed necessary, the cost is to be considered variable, from free shipping up to a maximum of 9.00 euros each delivery without limits or additional costs. In any case the shipping costs will always be declared in advance by DXP S.N.C. and the Customer will be able to check them in his virtual shopping cart on the uplay.it website during the checkout, before making the payment.
The goods travel with insurance when deemed necessary.
DXP S.N.C. can be contacted for any clarification or possible complaint by calling 050702604 or by e-mail at email@example.com, or through the online customer care service, which can be reached through the special link on the home page of the uplay.it site
7.1 The Customer has the right to withdraw from the Contract, without any penalty and without specifying the reason, within 14 (fourteen) calendar days from the day of receipt of the Products.
7.2 The right of withdrawal must be exercised, within that period, by sending notice to DXP S.N.C. by e-mail to firstname.lastname@example.org.
7.3 If the Products have already been delivered to the Customer, the latter must return them to DXP S.N.C. within 14 (fourteen) calendar days from the date of receipt of the Products.
7.4 The right of withdrawal - in addition to compliance with the terms and conditions described in paragraphs 7.1, 7.2, 7.3 and 7.4 above - is considered properly exercised when the following conditions are fully met:
7.5 If the right of withdrawal is exercised by the Customer in accordance with the provisions of these General Conditions of Sale, DXP S.N.C. will reimburse any sums already collected, net of any shipping costs charged to the Customer, as soon as possible and in any event within 30 (thirty) days from the date on which it became aware of the exercise of the right of withdrawal by the Customer.
7.6 If the conditions set out in these General Conditions of Sale for the proper exercise of the right of withdrawal are not complied with, the Customer is not entitled to a refund of the sums already paid to DXP S.N.C.; however, the Customer is entitled to obtain, at his own expense, the return of the Products in the state in which they have been returned to DXP S.N.C.
7.7 It is understood that if the Customer decides not to avail himself of the right referred to in paragraph 7.6 above, DXP S.N.C. is entitled to retain the Products, in addition to the sums received.
8.1 After the return of the Products by the Customer, DXP S.N.C. will make the necessary checks on the conformity of the returned Products with the conditions of art. 8 above. If the checks are positive, DXP S.N.C. will send an e-mail to the Customer confirming the acceptance of the return.
8.2 Regardless of the method of payment used by the Customer, the refund procedure will be activated by DXP S.N.C. within 30 days of acceptance of the return.
8.3 If there is no correspondence between the addressee of the Products indicated in the Purchase Order and the Customer who has made the payment, the reimbursement under this Article 9 will be made by DXP S.N.C., in any case, to the latter.
8.4 The value date of the chargeback is the same as the debit date in case of payment by credit card, so the Customer does not suffer any loss in terms of bank interest. Other payment systems may not offer this possibility.
8.5 In any case, the Parties mutually acknowledge that DXP S.N.C. will not be liable for any loss or damage of returned Products.