1. Definitions

The terms and phrases listed below have the meaning indicated below, it being understood that the terms defined in the singular are also understood to be defined in the plural and vice versa.

Customer: means any person (natural or legal person) who purchases one or more Products through the Online Shop, accepting the General Conditions.

Company: means JC ITALIA Srl with registered office in Corso Italia 1, 20121 MILANO, the company that owns the JIMMY CRYSTAL brand and is the concessionaire for the retail sale of the Products through the On-Line Shop.

Parties: means jointly Company and Customers.

General Conditions: means these general conditions of sale and any future new versions that may be published in the On-Line Shop by JC ITALIA Srl.

Online Shop: means the virtual shop, managed by and accessible through the URL https://jimmycrystal.it/ , through which it is possible to purchase the Products.

Sale and Purchase Agreements: means the purchase and sale agreements of the Products concluded, pursuant to art. 3., between and the Customers through the On-Line Shop.

Orders: means the purchase orders of the Products sent by the Customers, in accordance with the General Conditions and following the procedure referred to in art.6. 6.

Order Confirmation: means the e-mail message through which the acceptance of the Orders is communicated to the Customers.

Price: means the sale price of the Products as indicated in the On-Line Shop corresponding to the Products themselves.

Products: means the products published in the On-Line Shop for the purpose of their sale.

2. Object

2.1 The General Conditions govern all the Sale and Purchase Agreements and form an integral part of them.

2.2 It reserves the right to modify the General Conditions at any time, it being understood that those published in the Online Shop at the time the Orders are placed by the Customers will be considered applicable to the Sale and Purchase Agreements.

2.3 In the event of a conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published in the On-Line Shop, the terms and conditions most favorable to the Customers will be applied.

3. Conclusion of the Sale and Purchase Agreements

3.1 It undertakes to send the Order Confirmation to the Customers within 1 working day of receipt of the Orders from the Customers.

3.2 The Sale and Purchase Agreements are concluded between the Parties when the Customers receive the Order Confirmation. If the Customers do not receive the Order Confirmation within the term indicated in art. 3.1, the relative Order must be considered rejected by and, therefore, without effect.

3.3 By sending the Orders, the Customers declare that they have read all the instructions relating to the method of purchasing the Products referred to in art. 6 and to have fully accepted the General Conditions as well as having read all the further information contained in the On-Line Shop, also recalled via links.

3.4 Orders will be filed in the database of the On-Line Shop, in accordance with the procedures and in compliance with the provisions of Legislative Decree 06/30/2003 n. 196 (“Privacy”) and will be accessible by contacting the references referred to in art. 11. 11.

4. Product Availability

4.1 Without prejudice to the provisions of art. 4.6, in correspondence with each Product published in the On-Line Shop, indicate whether the same:

(i) is available in its warehouses;

(ii) it is not available in its warehouses;

(iii) is available “on request”;

4.2 The type of Products published in the On-Line Shop and their availability may vary at any time without this entailing any responsibility for JC ITALIA Srl towards Customers.

4.3 The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as “not available” pursuant to art. 4.1 (ii) cannot be ordered by Customers. In case of unexpected unavailability of a Product indicated as available at the time the Order is sent by a Customer, without prejudice to the provisions of art. 3.2, JC ITALIA Srl undertakes to indicate to this Customer, in a subsequent communication by e-mail, the indicative times for a new availability of the Product (s) object of the Order sent by the Customer. The Customer can collect the Order within 48 hours of receipt of this communication from JC ITALIA Srl (without prejudice to the right of withdrawal pursuant to art. 9) by sending an e-mail to the address specified in art. 15. 15. In this case, he undertakes to reimburse the Price in the shortest possible time.

4.4 If there is an indication available “on request” corresponding to a Product, it means that this Product, at that time, is not available at the warehouses of but that it will be taken care to order it at the central warehouses of JC ITALIA Srl after the Customer ordered it from JC ITALIA Srl.

4.4 JC ITALIA Srl reserves the right not to indicate the availability of or some Products published in the On-Line Shop.

5. Price and shipping costs; taxes and duties

5.1 The Price is expressed in € (Euro). The applicable Price is the one published in the On- Line Shop at the time the Orders are placed by the Customers.

5.2 The Price is inclusive of VAT (22%) for the SOLE models and VAT (04%) for the READING models if the Products are shipped by JC ITALIA Srl and delivered within the European Union. If the Products are shipped by JC ITALIA Srl and delivered outside the European Union, the Price is exclusive of VAT.

5.3 The Price does not include shipping costs. It reserves the right to ask Customers for a contribution for shipping costs which may vary according to the type of delivery, the quantity of Products to be delivered, their volume, their weight and their destination. The contribution of the shipping costs is defined in 5 € for shipments on the Italian territory. If the consumer requests the extra cash on delivery service (cash payment to the carrier), it is quantified in a flat rate of € 5.

5.4 The contribution requested for the shipping costs is indicated, separately from the Price, before the Order is sent by the Customers and will be paid by the Customers together and simultaneously with the payment of the Price according to the methods set out in art. 7. 7.

5.5 Any taxes, duties and other charges provided for by the laws of the State where the Products are shipped and delivered will be entirely borne by the Customers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the courier in charge. delivery.

5.6 Unless otherwise indicated, the discounts and promotions on the site cannot be combined with each other

6. Methods of sending the Orders

6.1 In order to proceed with the sending of Orders, Customers are required to enter all “mandatory” data in the Online Shop: Name, Surname, Country / Region, Street / Square and Civic Number, City, Province, Postal Code, Telephone , Mail and Fiscal Code.

6.2 Customers can purchase the Products by selecting them in the section of the On-Line Shop dedicated to the type of Product they are looking for and placing them in the “cart”. Once the choice of products has been completed, customers must enter the “mandatory” data referred to in art. 6.1. 6.1. Having verified the correctness of the data relating to the chosen Product (s) and the “sending information”, the Customers must choose the payment method pursuant to art. 7. 7. Having chosen the payment method, the Customers can proceed to send the Orders by clicking on “send”.

7. Methods of payment

7.1 Customers can pay the Price and the contribution for the shipping costs referred in art. 5 through PayPal, or other means of payment that may be indicated by JC ITALIA Srl in the On- Line Shop. It reserves the right to vary, at any time, the means of payment that can be used by the Customers, it being understood that those published in the On-Line shop at the time the Orders are sent by the Customers will be considered usable.

7.2 In case of payment via PayPal, at the time the Orders are placed by the Customers, the web session will be transferred to the secure PayPal website. On this website, Customers can complete the payment of the Price and the contribution for the shipping costs referred to in art. 5 using their own PayPal account and according to the conditions of use of the PayPal service subscribed by the Customers at that time or previously. The charge of the Price and the contribution for the shipping costs referred to in art. 5 on the PayPal account of the Customers takes place simultaneously with the sending by JC ITALIA Srl of the Order Confirmation.

7.3 If requested by the Customers at the same time as sending the Orders, JC ITALIA Srl will send the Customers a regular invoice, by e-mail or post. For the purpose of issuing the invoice, the information provided by the Customers prevails. No variation of the invoice will be possible after its issue by JC ITALIA Srl.

7.4 The information received by pursuant to this article 7 will be used exclusively to complete the procedures relating to the sale of the Products and for the reimbursement procedures in case of exercise of the right of withdrawal pursuant to art. 9. 9. by the Customers.

8. Shipping and delivery of the Products

8.1 Given that the “shipment” of the Products by JC ITALIA Srl means the delivery of the same to the couriers selected from time to time pursuant to art. 8.2, is not required to ship the Products until it has received the payment of the Price (except for cash on delivery); once payment of the Price has been received, he undertakes to ship the Products:

(i) in the case of available Products (as defined in Article 4.):

– within 2 working days of receipt of the debit authorization communication pursuant to art. 7.2 in case of payment via PayPal;

– within 2 working days of receipt of the debit authorization communication pursuant to art. 7.2 in case of payment by credit card;

(ii) in the case of available Products that have become unavailable (as defined in Article 4.3), within 3 working days from the moment in which such Product or such Products are again available at the warehouses of JC ITALIA Srl, without prejudice to the right of the Customer to withdraw the Order pursuant to the same art. 4.3;

(iii) in the case of “on demand” Products (as defined in article 4.4.), within 3 working days from the moment they are available at the JC ITALIS Srl warehouses;

(iv) in the event that the availability of one or more Products is not indicated (as per the option referred to in Article 4.4) and the Products are not available at the warehouses of JC ITALIA Srl at the time the Order is sent from part of the Customers, within 3 working days from the moment in which the Products are available at the warehouses of JC ITALIA Srl.

8.2 We guarantee the shipment of the Products, in the States indicated in the On-Line Shop, by express couriers selected from time to time according to the Product object of the Order and the place of destination. The Products are shipped by JC ITALIA Srl, and delivered by the courier selected by JC ITALIA Srl, to the address indicated by the Customers at the time of registration pursuant to art. 6.1 or at a different address indicated at the time the Order is sent.

8.3 It undertakes to do everything in its power to ensure that the Products shipped pursuant to art. 8.1 and 8.2 are delivered by selected couriers:

– in Italy within 48 hours from the date of shipment;

– outside Italy within 5 days from the date of shipment.

8.4 The delivery terms pursuant to art. 8.3, cannot, in any case, be considered binding and JC ITALIA Srl, not being able to directly control the deliveries of the Products after their shipment, cannot be held responsible in any way for their non-compliance.

8.5 Customers will be able to follow the shipment status of the Orders only after the shipment of the Products and using the tracking data communicated by e-mail

8.7 Customers, or other subjects appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that:

(i) The Products correspond to what is indicated in the courier transport document (DDT) both in terms of number and type;

(ii) The packaging / packaging of the Products is intact, not damaged, nor wet or otherwise altered, even in the closing materials.

8.8 Any damage to the packaging / packaging of the Products must be immediately contested by the Customers by affixing a written control reserve on the proof of delivery by the courier. It is understood that, once the courier’s document has been signed without any objection, the Customers can no longer raise any objection with reference to the external characteristics of what was delivered.

8.9 The Products can be delivered by couriers only to Customers or to persons authorized by them; the person to whom the Products are delivered must sign to certify the delivery. Couriers do not deliver to post office boxes or by placing the Products in letterboxes or other similar places.

9. Right of withdrawal

9.1 If the Customers are “consumers” (a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out), the Customers have the right, pursuant to and for the purposes of art. 64 of Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 30 days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The right of withdrawal must be exercised by the Customers by sending a written communication, by e-mail, to the address referred to in art. 15., containing:

(i) the manifestation of the will to exercise the right of withdrawal;

(ii) the indication of the Order that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.

9.2 In case of exercise by the Customers of the right of withdrawal referred to in this art. 9 .:

(i) Customers undertake to return the Products within 10 working days from the date of the notice of withdrawal pursuant to art. 9.1;

(ii) all costs related to the return of the Products are entirely borne by the Customers;

(iii) undertakes to reimburse the Price as soon as possible, and in any case within 30 days from the date of receipt of the notice of withdrawal pursuant to art. 9.1, provided that:

– the Products have been returned and are intact;

– the original packaging / packaging of the Products is also returned and the same is intact;

– any accessories, instruction manuals, etc. are also returned and they are intact;

– the tax receipt sent with the purchase is returned;

– the Products have not been used;

(iv) will communicate to the Clients how to reimburse the Price and may, for this purpose, ask the Clients for their bank details (IBAN and account holder).

9.3 If the Customers exercise the right of withdrawal in a manner that does not comply with the methods and terms referred to in this article 9, and in particular if they do not return the tax receipt proving the purchase, the Customers are not entitled to a refund of the Price.

10. Defects / non-conformities of the Products

10.1 If the Products have a guarantee recognized by the manufacturer of the same (commercial / conventional guarantee), any defects / discrepancies of the Products must be reported by the Customers directly to the manufacturer according to the methods and terms indicated in the guarantee itself.

10.2 “Consumer” Customers (as defined in art. 9.1) may request the seller, within the term set out in art. 132 of Legislative Decree 206/05 (Consumer Code), the remedies provided for by the Consumer Code for the lack of conformity of the Products existing at the time of delivery of the goods.

11. Privacy

11.1 JC ITALIA Srl declares and guarantees that the personal data of Customers will be treated in accordance with the provisions of Legislative Decree 196/03, and subsequent amendments. The details relating to the methods of data processing are communicated to the Customers at the time of registration pursuant to art. 6.1 or 6.2. More information is available on the privacy policy page.

12. Errors and / or inaccuracies in the On-Line Shop

12.1 It undertakes to constantly check the On-Line Shop in order to avoid errors or inaccuracies. However, it is possible that the On-Line Shop contains, or may over time contain, errors, inaccuracies or omissions.

12.2 It therefore reserves the right to correct errors, inaccuracies or omissions contained in the On-Line Shop even after an Order has been sent and also reserves the right to change or update information at any time without prior notification to the Customers.

13. Intellectual Property

13.1 All intellectual property rights connected to the On-Line Shop (including its contents) are the exclusive property of and / or JC ITALIA Srl; The On-Line Shop and its contents cannot be reproduced either in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of JC ITALIA Srl.

14. Applicable law

14.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 – which in articles 50 to 67 governs distance contracts – and by Legislative Decree 70 of 09 / 04/2003 on electronic commerce) and in the light of this they must be interpreted.

14.2 For any dispute arising from or relating to the use of the website or such contracts, in the event of legal action, the Judge of the place of residence or domicile of the consumer will be competent.

14.3 We inform you that you have the right to request an out-of-court resolution of disputes relating to orders placed through this website through the European ODR (Online Dispute Resolution) platform http://ec.europa.eu/consumers/odr http://ec.europa.eu/consumers/odr made available by European Commission for the out-of-court settlement of disputes arising from contracts for goods and services concluded online between consumers and professionals.

15. Contacts

15.1 For further information and assistance on the On-Line Shop or on how to purchase on the On-Line Shop or on the Sale and Purchase Agreements, Customers can contact through our customer service by writing to: [email protected] or by letter to the address of reported below: JC ITALIA Srl – Via Giolitti, 4 – 20025 Legnano (MI)

Last Update: 9.11.2020