1. General Instructions and General Conditions of Sale

1.1 I The products for sale on the website icobit.com (the “Site”) are sold and invoiced by Icobit Italia Srl, with registered office in Viale Luca Gaurico 9/11 – 00143 – Rome (RM), Rome Companies’ Register Registration Number, VAT and Tax Code: 12428711001 (hereinafter “Seller”).

1.2 These general terms and conditions of sale (“General Terms and Conditions”) govern all sales of products (the “Products”) concluded at a distance on the Site and form an essential part of the relative sales contract.

1.3 The order placed through the Site by the user (“Customer” or “Consumer”) assumes full and complete acceptance of these General Terms and Conditions and the Privacy Policy, which forms an essential part of these General Terms and Conditions. Any Customer who does not agree to the contents of these Terms and Conditions and Privacy Policy may not place any order on the Site.

The General Conditions are available in Italian. These General Terms and Conditions may be saved and pronted by the Customer, provided for by Article 12, subsection 3 comma, of Legislative Decree 70/2003 and Article 51 of the Legislative Decree 206/2005.

In any case, the Seller shall trasmit a copy of the General Terms and Conditions of Sale to the Customer provided for by Article 4 of these Terms and Conditions of Sale.

For more information regarding Icobit Italia Srl and its products, the Customer can contact info@icobititalia.com

2. Suitability for purchase

These Terms and Conditions govern the offer, submission and acceptance of purchase orders for Products on icobit.com between Seller and Customers, as consumers, as defined below. The sale of products by parties other than Seller on sites that are featured on icobit.com through links, banners or other hyperlinks is not governed by these Terms and Conditions. The Customer is therefore advised, before proceeding with the purchase of products sold on online platforms other than the Site, to carefully read the general terms and conditions of sale of those sellers. Icobit Italia Srl is in no way responsible for online sales transactions between Consumers and third parties.

The Seller offers products for sale on the Site to End Consumers, i.e. natural persons who have reached the age of majority (eighteen years), with capacity to act and acting for purposes not related to any commercial, entrepreneurial or professional activity carried on. Minors under the age of eighteen and those who lack the capacity to enter into a contract may place the order through a parent or guardian acting on their behalf.

By placing an order through the Site, Customers represent and warrant that they have all of the above requirements and that they will not deliver, distribute, or sell the Products for commercial purposes.

The Seller reserves the right not to fulfill orders from individuals who are not consumers or who do not have the above characteristics.

In any case, all orders placed in contravention of this article and all contracts entered into on the basis of such orders shall be ineffective.

3. Product availability

3.1 The products offered for sale by Icobit Italia Srl are only those on the Site (icobit.com) at the time the order is placed, as described in the related information sheets.

3.2 Information about the Products together with thier data sheets and pricing is available on the Site.

3.3 The graphic representation of the Products accompanying their data sheet may not be perfectly representative of reality. Therefore, the Customer must rely solely on the description of the Product and its technical characteristics given on the Site.

3.4 It is understood that acceptance by Icobit Italia Srl of purchase orders is subject to the availability of the selected Products. In fact, if the Products on the Site are not available at the time of the last access to the Site or sending the purchase order or, again, if the availability had undergone changes such as to delay the delivery of the Product, Icobit Italia Srl will inform the Customer without delay to the e-mail address provided in the Order Form. With such a notice, the Seller will inform the Customer of the situation, alternately proposing to him at his choice: (i) a refund of the amount already paid (including the price, shipping charges, if applied, and any additional charges, if already paid). In this case, the contract will be considered terminated; or (ii) if a reassortment of the Product is possible, an extension of the delivery terms, indicating the new delivery term for the Products, at no additional cost to the Customer.

3.5 In any event, it is without prejudice to the right of Icobit Italia Srl not to accept, purchase order requests from Customers in the following (illustrative, but no exhaustive) cases: non-availabiltyof the Products (without prejudice to as provided by art 3.4); report or suspicion of fraudulent or illegal activities, including the suspicion that the purchases are made for commercial purposes; incorrectness of the Customer’s personal data or incompleteness of the purchase order, insufficient guarantees of solvency of the Customer; non-payment of the price or other defaults by the Customer towards the Customer, even with reference to previous contracts; any incompatibility with the economic interests of the Seller.

4. Method of quotation, purchase and conclusion of the online sales contract

4.1 The Customer, in order to request a quote for the Products, must fill in all the fields of the appropriate form “Send Request” and give consent to privacy and registration at the end of the form, in this way a temporary account will be created within the icobit.com Site and the Customer will receive a confirmation e-mail through which he/she will be able to access his/her personal area within which personal data can be chosen and personalized and, in particular, a password can be created that meets the requirements of complexity suitable to guarantee the security of the Customer’s profile.

4.2 To complete the quote request, the registered Customer may request a quote for the Product (i) by clicking on the appropriate “QUOTE” button, (ii) selecting the desired quantities of Product, (iii) checking the boxes related to the privacy policy and (iv) by submitting the request on the appropriate “SEND YOUR REQUEST” button.

4.3 Icobit Italia Srl, upon positive verification of the correctness and completeness of the data entered in the Quote Form, will send to the e-mail box indicated by the Customer a communication confirming the quote request, indicating the order identification number. Subsequently, the same Icobit Italia Srl will provide in the shortest time possible to forward the quote to the Customer in the e-mail box indicated by the Customer.

4.4 The Customer is required to carefully read these General Terms and Conditions of Sale, the Privacy Policy as well as all instructions provided during the purchase process and the data sheet of the Product he/she intends to purchase.

4.5 To make a purchase, the Customer must (i) place the selected Product in the “Shopping Cart” by clicking on the “ADD TO CART” button; (ii) complete the Order Form; (iii) select payment and shipping methods; (iv) accept the Terms of Sale and the Privacy Policy; (v) transmit the proposed order through the Site.

4.6 Transmission of the Order Form presupposes full knowledge and simultaneous acceptance by the Customer of the General Terms and Conditions, his rights as a Consumer, the technical characteristics of the product purchased, the price (including taxes and levies), shipping, delivery and any other cost, as well as the delivery time.

4.7 The transmission of the Order Form constitutes a purchase proposal for the selected Product, governed by these Conditions of Sale and binding on the Customer (subject to the right of withdrawal provided for in Article 7 below). Transmission of the Order Form by the Customer entails the latter’s obligation to pay the price of the Product, or Products, ordered.

4.8 In any case, before submitting the Order Form, the Customer may make any corrections/modifications to the data entered (by way of example but not limited to, the Customer has the right to change the quantity of the Products it intends to purchase by adding or removing one or more Products from the “Shopping Cart”).

4.9 Notwithstanding the use of personal data as better described in the Privacy Policy, the Customer’s data shall be retained by the Seller for the period of time strictly necessary for the performance of the activity and in any case in compliance with the term provided for by the applicable law.

4.10 Icobit Italia Srl, after successfully verifying the correctness and completeness of the data entered in the Order Form, shall send a communication confirming the order, indicating the order identification number, to the e-mail box indicated by the Customer. Such communication shall constitute acceptance by Icobit Italia Srl of the contractual proposal made by the Customer with the Order Form.

4.11 In accordance with the provisions of Article 51(7) of Legislative Decree No. 51 of 6 September 2005 no. 2006 (“Consumer Code”), such confirmation message of the concluded purchase contract shall contain, in addition to a copy of these General Terms and Conditions of Sale, a summary of all the main characteristics of each Product purchased, with an indication of the price (inclusive of taxes or duties), the shipping, delivery and any other costs applied, the chosen means of payment, the terms and methods of delivery of the Products and the date by which the Seller undertakes to complete delivery. The communication shall also contain an indication of how complaints will be handled, a summary of the conditions and procedures for exercising the right of withdrawal and the relative form, the procedures and timeframes for returning purchased Products, a reminder of the existence of the legal guarantee referred to in this Article 9, as well as all other information expressly required by law and, in particular, those indicated in Article 49, paragraph 1, of the Consumer Code.

4.12 The Seller shall not be liable in any way for any errors occurring during the online purchase procedure resulting from the failure of the Customer’s Internet connection to the Site.

5. Prices and payment methods

5.1 All prices indicated on the Site are inclusive of taxes, VAT and any other taxes. Any additional shipping costs or additional payment charges are specifically indicated on the Site. In any case, the total amount to be paid by the Customer will be communicated again to the Customer before formalising the order by sending the Order Form.

5.2 The prices of the Products may change over time. It is understood that the amount charged shall be the amount indicated on the Site at the time the order is placed. In any case, the Customer is invited to check the updated sales price before submitting the Order Form.

5.3 Payment shall be made via the PayPal platform, which allows payment to be made conveniently by credit card and via PayPal account, offering as an alternative also the instalment payment formula, with instalments divided according to the total purchase amount. The Customer is invited to read the PayPal Terms and Conditions of Use.

5.4 For each sale, Icobit Italia Srl shall issue a tax document in the name of the natural person Customer who placed the order. This document shall be sent to the Customer together with the confirmation e-mail referred to in Article 4.11.

5.5 The Customer is solely responsible for the accuracy and truthfulness of the information provided for tax purposes.

5.6 Icobit Italia Srl shall not store information relating to Customers’ credit or debit cards in its computer files. Therefore, under no circumstances may the Seller be held liable for any fraudulent or otherwise unlawful or improper use by third parties of Customers’ financial information.

5.7 In the event of a feared commission of online fraud to the detriment of Icobit Italia Srl, the Seller reserves the right to report the information, including financial information, in its possession to the competent Authorities.

6. Modalities and delivery times

6.1 The purchased Products shall be delivered to the address indicated by the Customer in the Order Form or may be picked up by the Customer or his delegate at an affiliated point of sale.

6.2 In the event that the Customer opts to collect the products at affiliated points, the Seller shall send an e-mail to the Customer’s e-mail box with an indication of the day from which collection will be possible and the deadline by which it must be done. The Customer shall present himself in the shop, showing the staff in charge a copy of the order confirmation e-mail and an identification document. If the order is picked up by a person other than the Customer who finalised the purchase, in addition to the above documents, the proxy shall show and hand over the proxy received and a copy of his or her identification document to the personnel in charge. The performance of such control will exempt Icobit Italia Srl from any liability in the event of misappropriation by third parties of the Products by means of fraud or deception.

6.3 In the case of delivery to the address indicated in the Order Form, the Products will be delivered by couriers that guarantee efficiency and quality of service. Once the Products have been delivered to the carrier, Icobit Italia Srl shall inform the Customer by e-mail confirming the shipment.

6.4 The transport document shall constitute proof of delivery to the carrier.

6.5 The risk of loss or damage of the Products shall pass to the Customer at the moment the Customer or a third party designated by the Customer takes physical possession of the Product.

6.6 Any changes in the place of delivery (with respect to that indicated in the Order Form), if requested by the Customer after the Products have been delivered to the carrier, may generate additional costs, which shall be borne entirely by the Customer.

6.7 Icobit Italia Srl shall make every reasonable and feasible effort to ensure that the Customer receives the purchased Products as soon as possible and, at the latest, within thirty (30) days from the date of the conclusion of the contract for the purchase of the Products (“Contract Conclusion Date”). Icobit Italia Srl therefore undertakes to deliver the products to the Carrier as soon as they are available and, in any case, as soon as possible. In any case, the delivery time of the Products may vary from that indicated at the time of purchase for causes not imputable to Icobit Italia Srl. The Seller shall not be liable for any delays imputable to the carrier.

6.8 Upon receiving the Products from the carrier, the Customer shall sign the delivery note. It is up to the Customer to check that the Products are delivered in perfect condition. Should the Customer, at the time of delivery, find errors in the delivery of the Products or should the package received be visibly damaged, the Customer shall report these circumstances in the courier’s delivery document with the caption ‘Reserve for Inspection’, detailing as precisely as possible what was found. Within the next forty-eight hours, the Customer shall notify Icobit by contacting Customer Service.

6.9 The Customer shall report within seven days after delivery any problems with the physical integrity, correspondence or completeness of the products received. In any case, such reporting does not affect the right of withdrawal (Art. 7) or the legal product guarantee (Art. 9) in any way.

7. Right of withdrawal and return

7.1 Notwithstanding the assumptions set forth in Article 59 of the Consumer Code, the Customer is entitled to withdraw from the purchase contract for any reason whatsoever, without having to provide any reasons and without incurring additional costs, within fourteen (14) days from delivery of the Products.

7.2 In order to exercise the right of withdrawal referred to in Section 7.1 above, the Customer may write to info@icobititalia.com giving all relevant details or submit any other explicit statement of his or her decision to withdraw from the contract.

7.3 Upon receipt of the form referred to in the preceding paragraph, the Seller shall refund to the Customer all costs incurred by the Customer (including delivery charges) without undue delay and in any event within (14) days from the day on which it was informed of the Customer’s decision to withdraw from the Icobit Italia Srl may suspend the refund until receipt of the Products or in any case until the day on which the Customer proves, by showing the transport document, that he has returned the product to the Seller. Icobit Italia Srl will make such refund using the same means of payment (if electronic) used by the Customer for the initial transaction.

7.4 The Customer shall return the Products to Icobit without undue delay and in any event within fourteen (14) days from the day on which it communicated its decision to withdraw from the contract to the Seller, in the manner agreed upon by e-mail as set forth in clause 7.2.

7.5 The right of withdrawal is exercisable by the Customer with reference to the entire order and it is therefore not possible to exercise it on only a part of the purchased product.

7.6 The Products must be returned undamaged, together with the original packaging and label. After the return of the Products, Icobit Italia Srl will conduct the necessary investigations on the Products. The Customer is liable for any decrease in the value of the Products which differs from that necessary to establish the nature, characteristics and functioning of the goods. In this case, Icobit Italia Srl reserves the right as of now to deduct the amount of this decrease from the refund. Alternatively, the Customer has the option of re-obtaining, at his own expense, the Products in the state in which they were returned to Icobit Italia Srl.

8. Product safety and liability for defective products

8.1 All Products for sale on the Site are safe, in accordance with the requirements of Articles 102 et seq. of the Consumer Code. In any case, Icobit Italia Srl shall provide the Customer with all information useful for the evaluation and prevention of risks arising from the normal use of the product, so as to enable him/her to adopt the most appropriate conduct to avoid such risks.

8.2 Icobit Italia Srl shall in no way be liable for damages resulting from the incorrect use of the Products by the Customer.

9. Legal guarantee of conformity

9.1 All Products on sale on the Site are covered by the legal warranty of twenty-four (24) months from delivery of the Product for conformity defects, pursuant to articles 128 et seq. of the Italian Civil Code. Cons.

9.2 The legal guarantee for lack of conformity is valid only if the Product is used correctly, in compliance with the behavioural warnings indicated by the Seller pursuant to Art. 8.1. Therefore, Icobit shall not be liable for any damage resulting from misuse or wear, inappropriate handling and poor maintenance of the Product. The warranty does not apply in the event of the intervention of factors unrelated to the normal use of the Product.

9.3 The lack of conformity of the Product must be reported by the Customer to Icobit by sending a complaint to the Customer Service info@icobititalia.com within two (2) months from the date of its discovery. The complaint is not necessary if Icobit Italia Srl has acknowledged the existence of the defect.

9.4 In case of a conformity defect of the Product, the Customer shall have the right to have the conformity of the Product restored, free of charge, by means of repair or replacement, to be carried out within a reasonable period of time from the request and without causing further inconvenience to the Customer. Should it not be possible to replace or repair the Product, the Customer may request, at his or her option, an appropriate reduction of the price paid or, again, a termination of the contract, as governed by Article 130 of the Consumer Code.

9.5 A minor lack of conformity of the Product for which the remedies of repair or replacement could not or would be unreasonably onerous, does not entitle the parties to rescind the contract.

9.6 Any legal action for defects in the Product not maliciously concealed by the Seller shall in any case be prescribed within a period of twenty-six (26) months from delivery of the Product.

10. Complaints and enquiries

10.1 Any complaint or request for information may be forwarded to Icobit Italia Srl at the following address: Viale Luca Gaurico 9/11 – 00143 – Rome (RM); or by e-mail or PEC to the following e-mail addresses and certified e-mail: info@icobititalia.com and icobititalia@pec.it.

11.1 The Customer will be contacted for clarification within 30 days from the date of the request.

11. Privacy

11.1 The Customer’s personal data shall be processed by Icobit Italia Srl solely for the purpose of the sale and for activities strictly related thereto, in accordance with the terms of Regulation (EU) no. 2016/679 of the European Parliament and of the Council, as well as Legislative Decree 196/2003 (Privacy Code). Any further processing of data will be carried out with the express consent of the Customer and in any case for purposes strictly related to Product selling.

11.2 The Customer can receive more information on the processing and storage of his personal data by consulting the Privacy Policy and the Cookie Policy.

12. Applicable Law and Jurisdiction

These Terms and Conditions of Sale and, consequently, the contracts concluded with the Customers are governed by and shall be interpreted in accordance with the Italian law (including Legislative Decree No. 206 of 6 September 2005, “Consumer Code” and, in particular, “Chapter I, Title III of Part III”, as well as Legislative Decree No. 70 of 9 April 2003, “E-commerce Decree”).

For disputes between the Seller and the Customer arising out of the interpretation, validity and/or execution of these General Terms and Conditions, the Court of the Customer’s place of residence or domicile, if located in the territory of the Italian State, shall have mandatory territorial jurisdiction.

The customer is informed that the European Commission provides a platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr.

13. Changes and updates

13.1 These General Conditions may be amended from time to time by Icobit Italia Srl, also in accordance with any regulatory changes.

13.2 The updated General Terms and Conditions of Sale shall be effective as of the date of publication on the Site and may be saved and printed by the Customer, pursuant to Article 12, paragraph 3, of Legislative Decree 70/2003 and Article 51 of Legislative Decree. 206/2005.

13.3 The conditions of sale applicable to any order placed on the Site are those in force at the time the order is placed.