Terms and Conditions

Section I - General Conditions of Sale apply to purchases made through the www.kippy.eu site

These Conditions of Sale govern the offer and sale of products and/or services on the www.kippy.eu site (“Site”).

The products and/or services purchased on the Site (“Products”) are sold directly by Ecommerce Outsourcing S.r.l., with registered office in Italy, Via Sesia snc, 20017 Rho (Milan), enrolled on the Register of Companies of Milan, under entry no. 2034727; VAT and Tax Code no. 08576060969; Milan REA n. 2034727, with fully paid up capital stock of € 30,000 (“Ecommerce Outsourcing”).

The Site is managed and maintained by Kippy s.r.l.

Kippy is a registered trademark of Kippy s.r.l.

The detailed information to contact, communicate directly with, request assistance from or send complaints to Ecommerce Outsourcing is provided in the section “Customer Service” of the Kippy site.

Scope of Application and Site Navigation

Shopping on the Site

Information to Finalize the Purchase Agreement

In accordance with Legislative Decree n. 70 of 9 April 2003, which governs e-commerce rules, Ecommerce Outsourcing informs the customer that:

Product Information

 Prices

Purchase Orders

Ecommerce Outsourcing also reserves the right to reject orders from customers who have provided false, incomplete or inaccurate identification data.

Payment Methods

Payments for the Products can be made by the methods of payment described in the following paragraphs. Some payment methods may not be usable due to the type of product purchased and / or delivery or shipping arrangements. The payment methods actually available to the customer in relation to the single product will be specifically indicated during the purchase process.

Credit Card

Paypal

Cash on Delivery (C.O.D.)

Methods, Costs and Terms of Delivery

Relative to the Exceptions, if the customer does not receive the Products within the delivery date indicated during the purchase process and listed on the “Order Registration Confirmation”, he/she can legitimately terminate the purchase agreement, without prejudice to his/her right to compensation (“Purchase Agreement Termination in Exceptions”). Notification of the Supplemental Term, pursuant to Article 61, paragraph III, of the Consumer Code, and of purchase agreement termination, pursuant to Article 61, paragraph III of the Consumer Code or of Purchase Agreement Termination in the Exclusions shall be made by the customer to Ecommerce Outsourcing via email at the “Customer Service” address. In case of Purchase agreement termination, pursuant to Article 61, paragraph III of the Consumer Code or of Purchase Agreement Termination in the Exclusions, Ecommerce Outsourcing will refund the customer the Total Amount Due without undue delay. Refund will be made in the manner described in the section “Methods of Payment”, as applicable. In the event that the customer does not schedule a Supplemental Term, pursuant to Article 61, paragraph III, or the Consumer Code, or, where circumstances warrant, does not terminate the Purchase Agreement, pursuant to Article 61, paragraph III of the Consumer Code, or terminate the Purchase Agreement in the Exceptions, Ecommerce Outsourcing, notwithstanding the possibility for the customer to use remedies and/or protection provisions pursuant to the law, and, in particular, Chapter  XIV of Title II of Book IV of the Civil Code, undertakes to:

Right of Cancellation of Device Purchase

Legal Guarantee of Conformity

WHAT TO DO IN CASE OF A CONFORMITY DEFECT
In the event that a product purchased during the period of validity of the legal warranty, shows what could be a defect, the customer must send a special notice to Ecommerce Outsourcing; Ecommerce Outsourcing reserves the right to ask the customer to attach to the Product the request of purchase and/or packing slip or any other document indicating the date of the purchase. The “Customer Service” office will promptly acknowledge promptly customer’s notification, also providing details on the steps to follow.

Section II - General Conditions of Sale apply to the Purchase of Packages

Returns

In order to use the Device, the customer will have to install the Kippy APP on his/her Smartphone and/or tablet, register, insert the code on the Device (“Kippy ID”), and purchase the Package that is most suitable to his/her needs.

Packages are sold directly by Ecommerce Outsourcing.

All the provisions of Section I of this document, with the exception of provisions that are expressly replaced by provisions set forth below are applied to the offer and sale of Packages.

The private Site area accessible via the Kippy APP, it is not possible to purchase the Device; therefore, the provisions of Section I related to the Device or, at least, to a physical product and/or goods are not applicable.

The Kippy APP can be downloaded for free from Google Play, The App Store and Windows Store, is compatible for iPhone 5, iPad, iPad Retina, Android Froyo, Gingerbread, Honeycomb, Ice Cream Sandwich, Jelly Bean, KitKat and Windows 8. If the customer does not own one of the devices with which the APP is compatible, the app can be downloaded by accessing the myKippy area of the Site.

The APP registration and use are free of charge.

Availability of the General Conditions of Sale

The GCS are made available to the customer prior downloading the APP in the APP Store and after downloading, in a special section of the APP aw well as on the Site. Any changes and/or new conditions will be in force from the moment of their publication on the Site. Customers are, therefore, invited to access the Site and/or the specific APP section and read the most recent version of the GCS before making any purchase.

Information on the Purchasing of Packages

After downloading the APP, the customer must first register the app and enter his/her Kippy ID, and can then proceed with the purchase of Packages, choosing the one best suited to his/her needs.

Contrary to what is provided for under “Payment” of Section I of this Conditions of Sale, Packages can only be paid by credit card or PayPal. Notwithstanding the “Credit Card” provisions of Section I of these Conditions of Sale, in the case of payment of Packages by credit card, the purchase amount will be charged by Ecommerce Outsourcing at the time of or immediately after the signing of the purchase agreement (i.e., submission of the purchase order).

In the event that the customer does not provide instructions to the contrary by clicking the link “Cancel Service” on the “Billing Information” page of his/her APP account, the new Package will be activated with the same services or more services, depending on the individual Package purchased at the same price as the previous one. The price will be charged to the customer’s credit card and/or to the payment instrument used by the customer for the purchase of the previous Package.

Through the appropriate APP function, the customer can also download and/or upgrade the Package already purchased and activated (“Active Package”).

In case of upgrade of an Active Package, i.e., purchase, prior to the expiration of the Active Package, of a new package containing multiple services (“Premium Package”), the Premium package will be activated immediately. The customer will enjoy the Premium package until the Active Package is active and until the former’s own period of activation.

In case of upgrade of an Active Package, i.e., purchase, prior to the expiration of the Active Package, of a new package containing less (“Base Package”), the Base package will be activated upon expiration o of the Active Package.

Right of Cancellation of the Package

Notwithstanding the provisions of the “Rights of Cancellation of the Package Purchase” section, pursuant to Section I of this Agreement, the customer who qualifies as consumer, pursuant to Article 52. et seq., of the Consumer Code, has the right to terminate the purchase agreement relating to the Product, without incurring costs other than those related to returning the item, as provided for in this section, without providing any reason, and within the Withdrawal Period. The Withdrawal Period will expire after 14 days from the implementation of the Package purchase agreement.

By clicking on “Buy Now”, which appears on the summary of the Package purchase agreement, the customer is asking for the Package to be activated prior to the expiration of the deadline to exercise his/her right to withdraw, pursuant to and by effect of Article 51, paragraph VIII, of the Consumer Code, without prejudice to the customer’s right to exercise this option, pursuant to the terms and conditions set forth in the Instructions on Termination, which are available on the APP link and the “Order Confirmation” email.  If the customer exercises his/her right to termination, he/she will pay Ecommerce Outsourcing an amount proportional to what was provided  up to the time in which the customer informed Ecommerce Outsourcing of his/her decision to cancel all remaining services to be provided for by the purchase agreement (“Proportional Amount”). The Proportional Amount will be calculated by dividing the cost of the Package by the number of days elapsed between the execution of the Package purchase agreement and the day in which the customer informed Ecommerce Outsourcing of his/her decision to cancel the agreement, and will be deducted from the amount Ecommerce Outsourcing is required to return to the customer as a result of his/her decision to cancel.

Section III - Common Provisions

Additional Paid Support Services

No additional paid support services are offered.

Customers and Complaints Service

Customers can request information, send communication, ask for assistance and submit complaints to Ecommerce Outsourcing through the “Customer Service” section of the Site. Ecommerce Outsourcing will respond to complaints by email or by post within 5 working days.

Applicable Law - Out-of-court Disputes - Alternative Dispute Resolution/Online Dispute Resolution

 Rho (Milan), 23/03/2016