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E-Commerce: General Terms of Sale

General Terms of Sale

This page sets out the terms and conditions on which we supply to you any of the products (Products) listed on our website at www.blueshape.net. Please read these terms and conditions carefully before ordering any Products from our website. You should understand that by using our website or ordering any of our products you agree to be bound by these terms and conditions.

www.blueshape.net is a website operated by New Cell Top srl, Via Liguria 6, 42124 Reggio Emilia, Italy. VAT ID: IT01697800355.
New Cell Top srl is the owner of the BLUESHAPE registered trademark.

Warranty

BLUESHAPE products are warranted to be free from defects in materials, workmanship and functionality for a period of 18 months commencing from the date of purchase. This warranty shall not apply to any products or parts there-of, that have been subjected to misuse, negligence, accidental or abnormal conditions of operation.
The buyer should always contact us for any return of defective product. It is important that the buyer provides us with as much information as possible about the failure being claimed.
In the event of product failure for which warranty applies, we will repair or replace the product free of charge. In these cases, all expenses including transport charges will be borne by us.
In the case where the failure has been caused by one of the causes explained above, repairs shall be billed at a nominal cost. Prior to the carrying out of any repairs, we will inform the customer of the estimated costs of these repairs.
These warranty conditions are the only ones applicable to our products and overrule any other expressed or implied warranties. We shall not be held liable for any damages resulting from warranty statements other than those contained in this declaration. This warranty is not transferable and is only applicable to the original buyer. In all warranty claims, the buyer must reproduce the original purchase invoice.

Limitation of Liability

BLUESHAPE shall not be liable for any special or consequential damages resulting from the use of, or the inability to use, the materials on this website. Read carefully and follow the instructions in the manual (physical or virtual by downloading from our website).

Notice

We will never spam the email address you provide to us during the checkout process. We may contact you by email or by general notice on the website or by any other reliable method to inform you of new features, products or offers.

Indemnification

You agree to indemnify, defend and hold harmless New Cell Top srl, its officers, directors, employees, agents, licensors and suppliers (collectively, the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

Billing Address different than Shipping Address

We can't check every order we receive. It's up to the customer to provide us with the correct delivery address, billing address and company details.

Shipment of orders

Parcels leave the BLUESHAPE warehouse every day. We try to deliver your order within 3 working days, except for products that are temporarily out of stock. In the case of out of stock products, we will send a written notification via email to the email address provided by the customer on the order form, informing the customer of the shipping time. Orders are dispatched Monday to Friday, excluding public holidays, unless otherwise stated.

Custom Clearance Fees

International orders delivered outside the EU may be subject to import duties and taxes, which will be calculated when the delivery reaches its destination.
The buyer is responsible for payment of any such import duties and taxes as it is impossible to control these charges. We are unable to predict their amount. Please contact your local customs office for further information before placing your order.
If necessary, our administration department can provide you with the correct HS code for the product you are interested in.

Product Returns

We believe in the quality of our products and give you up to 14 days to try them out for yourself. If within this period you find that something is lacking in performance or quality, please contact us for an RMA number to return your order. The returned items must be shipped with a valid Return Merchandise Authorisation Number (RMA #). Please contact us by phone or email to obtain the RMA# before returning the product. All returns must be packaged exactly as received i.e. in the original box. All shipping costs associated with the return are the responsibility of the customer. The returned items must be sent to:

BLUESHAPE c/o New Cell Top srl
Via Liguria 6
42124 Reggio Emilia, Italy

Restocking Fees

BLUESHAPE reserves the right to check that the returned product is in perfect working order with no scratches or marks. We reserve the right to charge a minimum of 20% restocking fee if it is not in re-sellable, as new condition.

Refund Policy

Within a period of 14 days and only after the delivery of the ordered goods, as a cooling off period, the customer has the right to request a full refund of the purchase price (excluding shipping costs) if the products ordered do not meet the performance or quality requirements.
In order to obtain the refund, the customer must request an RMA # directly from BLUESHAPE and the products must be:
- be returned in their original packaging, without scratches and in new condition, without missing components or accessories.
- be shipped in a single shipment. The seller reserves the right not to accept the products belonging to a single order shipped in different periods.
- be a product manufactured entirely by BLUESHAPE, excluding components manufactured and warranted by third parties.
The shipping costs for the return of the products and any other relevant amount, such as local taxes, customs duties, import and / or customs clearance are borne by the customer and will be deducted from the final payment if requested to BLUESHAPE.
Refunds are usually processed by the same payment method, but occasionally we can arrange them by bank transfer, in which case we will contact you to obtain your bank details.

Law and Jurisdiction

Contracts for the purchase of products through our website and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed exclusively by Italian law.
The competent court for any dispute or claim arising therefrom shall be the Court of Reggio Emilia, Italy.

ODR (Online Dispute Resolution)

Pursuant to the provisions of Article 14 of EU Regulation no. 524/2013, the user is informed that he/she has the right to access the European Online Dispute Resolution Platform (the European ODR Platform) for the resolution of any dispute between the seller and the consumer. The European ODR Platform has been developed and is managed by the European Commission, in accordance with Directive 2013/11/EU and EU Regulation No. 524/2013, in order to facilitate the out-of-court, independent, impartial, transparent, effective, rapid and fair resolution of disputes relating to contractual obligations arising from sales contracts or online services between a consumer resident in the European Union and a trader established in the European Union, through the intervention of an accredited ADR (Alternative Dispute Resolution) body, which can be selected from a specific list available there.
For more information on the European ODR Platform or to initiate an alternative dispute resolution procedure in relation to this contract, you can access the following link: http://ec.europa.eu/odr.
The Seller's e-mail address to be entered in the European ODR Platform is the following: [email protected].
In the event of non-participation in the conciliation attempt referred to in this paragraph, or in the event that the attempt is unsuccessful, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, if the User is also a consumer, the competent court shall be the Court of Reggio Emilia, Italy.