TERMS AND CONDITIONS OF SALE CARD.AX
1. Definition and object of the contract
These general conditions apply to sales contracts stipulated online (hereinafter: “Contracts”) through remote communication techniques through the card.ax website (hereinafter: “shop”). The contracts are stipulated between BIT CANTIERI SRL (hereinafter: “Card.ax”, “we”, “us”, “our” or “the Supplier”), with registered office in BERGAMO (BG) VIA GIUSEPPE VERDI 14 CAP 24121 – and operational headquarters ℅ POINT, DALMINE (BG) VIA PASUBIO 5 CAP 24044, and Consumers/Buyers/Customers/Resellers, personally or on behalf of a legal entity (hereinafter “Customers”), who wish to purchase the products or services supplied and/or marketed by the same (hereinafter: “Products”).
The contracts concluded with Card.ax through the card.ax website (hereinafter: “Site”) are governed by Italian law and in particular by Legislative Decree no. 9 April 2003. 70 (regulations on electronic commerce).
If the Customer is a consumer, or a natural person acting for purposes unrelated to professional activity, the Contract is also governed by the rules established by Legislative Decree no. 6 September 2005. 206 (hereinafter: “Consumer Code”).
These general conditions of sale (hereinafter: “General Conditions”) and in particular the information referred to in art. 52 of the Consumer Code will be displayed visibly on the Site and will be valid and effective until they are modified and/or integrated by Card.ax. Any changes and/or additions to the General Conditions will be effective immediately and will apply to sales made from that date. In any case, the updated version of the General Conditions will be available on the Site.
2. Subjects
The web products/services on the card.ax website are sold directly by Card.ax.
The products are sold to the Customer identified by the data entered when completing and sending the order in electronic format, which determines the simultaneous acceptance of these General Conditions of Sale. The product offers on the site are aimed exclusively at adult customers. In order to purchase on the site, minors must first have the consent of one of their parents or a legal guardian. By placing an Order through this website, you guarantee that you are of age and have the legal capacity to enter into binding contracts.
The Customer is prohibited from inserting false, and/or invented, and/or imaginary names in the online order procedure and in further communications.
Furthermore, by accepting these Conditions of Sale, the Customer exempts Card.ax from any liability deriving from the issuing of incorrect tax documents due to errors relating to data provided when entering the online Order, the Customer being solely responsible their correct insertion.
3. Resellers
The Reseller sells, in its own name and on its own behalf, the Products supplied to it by Card.ax. He does not hold any power to stipulate contracts in the name and on behalf of Card.ax, nor to bind the latter in any way towards third parties. The Reseller declares to have fully understood the characteristics and functionality of the products.
The Retailer's advertising and marketing activities relating to the product must comply with the guidelines established by Card.ax to ensure that they comply with the image of Card.ax and its marketing and communication policies. The Reseller may sell the products online only with prior written authorization, provided at the discretion of Card.ax, upon explicit request from the Reseller. Card.ax has the right, in the event of violation of the above points, to immediately terminate the collaboration, without prejudice to any credit reasons and any compensation for damages suffered due to the behavior adopted by the Reseller.
The Reseller is required to use the trademarks, names or other distinctive signs of Card.ax for the sole purpose of identifying and advertising the products, in the context of its activity as a Reseller, it being understood that such use is made in the exclusive interest of Card. ax. The Reseller undertakes not to register, nor cause to be registered, the trademarks, names or other distinctive signs of Card.ax and distributed products, nor to register or have registered any trademarks, names or distinctive signs that could be confused with those of Card.ax.
He also undertakes not to include the aforementioned trademarks, names or distinctive signs in his company or company name. The Reseller will inform Card.ax, as soon as it becomes aware of it, of any acts of unfair competition or violations of industrial property rights (e.g. trademarks, names, registered models) carried out by third parties and concerning the contractual Products and will provide Card. ax the necessary assistance for the protection of his rights in the Territory.
The Reseller undertakes not to reveal to third parties, even after the termination of this contract, Card.ax's corporate or commercial secrets or other confidential information of which it has become aware through its activity for Card.ax, nor to use such secrets or confidential information for purposes unrelated to this contract. Card.ax may at any time revoke without notice the possibility of using its trademarks if the Reseller is in clear violation of even one of the above points.
4. Sale via e-commerce service
Online sales contract means the distance contract concerning the sale of Products stipulated between the Customer and Card.ax, as Seller, as part of an electronic commerce service organized by the Seller who, for this purpose, uses Internet remote communication technology. To conclude the purchase contract for one or more Products, the Customer must complete an order form in electronic format to be transmitted to the Seller via the Internet following the relevant instructions.
To purchase one or more Products on the Site, it is therefore necessary to register on the Site in advance, providing Card.ax, in compliance with the applicable provisions on the protection of personal data, with all the data necessary to allow Card. ax itself to execute the orders submitted (hereinafter: “Order”).
The Customer must manage the use of the personal password and any other access data in complete secrecy and prevent unauthorized third parties from knowing them.
Once registration is completed, the Customer will be able to select one or more Products to purchase, placing them in a virtual "shopping cart", the contents of which he can always view before proceeding with placing the Order. To proceed with the order, the Customer must necessarily accept these Terms and Conditions by ticking the appropriate box. By clicking on the "PLACE ORDER" button, the Customer will start the Order submission procedure.
Each Order forwarded according to these methods must be understood, for all intents and purposes, as a contractual proposal by the Customer. The submission of the Order by the Customer will be promptly followed by confirmation from Card.ax regarding the receipt of the Order itself, by sending an e-mail to the e-mail account communicated by the Customer. By sending this email, Card.ax will also inform the Customer whether the Order can be accepted or not (Order Confirmation). Card.ax will have the right to accept or reject the Orders received without, in the event of non-acceptance, the Customer being able to advance rights or claims against Card.ax in any capacity. In any case, the Order will be considered accepted and consequently the Contract concluded when the Customer receives the Order Shipping Confirmation Email on their email address. In communications via e-mail, Card.ax undertakes to communicate to the Customer a summary of the main commercial conditions, general information on the characteristics of the product, the single price, transport costs, payment methods and delivery methods, as well as the total sum paid for the order requested by the Customer. The products sold by Card.ax can also be handmade and/or customized. Any small imperfections are evidence of the special craftsmanship.
5. Terms of payment
Payment can be made through credit cards, prepaid cards or bank transfer (only with the purchase of a custom card), without any additional charge on sales prices or accessory costs.
The Customer, when sending the order, must communicate to Card.ax the methods with which he intends to make the payment. Credit card payments are made via Stripe, Apple Pay, Google Pay or PayPal. At the time of online purchase, together with the Order Confirmation, the relevant banking institution will carry out the transaction of the amount relating to the order if there is availability on the Customer's credit card. Payments by bank transfer will have a delay of 2/3 days on the processing of the order and will in any case be processed after receipt of the transfer in the supplier's bank. If, once the product has been received, for any reason the Customer intends to exercise the right of withdrawal, following payment for the Products purchased online, Card.ax will instruct the intermediary who carried out the transaction to re-credit the amount from refund directly to the Customer's credit card. At no time during the purchase procedure is Card.ax encrypted directly to the website of the entity that manages the electronic payment. No Card.ax computer archive will retain such data. Under no circumstances can Card.ax be held responsible for any fraudulent or improper use of credit and prepaid cards by third parties.
6. Sales prices
Unless otherwise indicated in writing, all prices of the Products and shipping and delivery costs indicated on the website and in the order are to be considered exclusive of VAT and expressed in Euros. The validity of the prices indicated is always and only that indicated by the website at the time the order is sent. The prices of the Products and shipping and delivery costs may vary without notice.
All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the website and in the Order are to be considered not inclusive of any costs connected to customs duties and related taxes if the shipment takes place in non-EU countries or in countries where current legislation provides for import charges.
These costs are therefore borne by the Customer and must be paid directly upon delivery of the Products, according to the customs indications of the country of purchase. Card.ax is not responsible for any duties or delivery delays due to customs services in the country of delivery.
7. Shipping and delivery of products
Each shipment contains the products ordered, the relevant transport document, any accompanying documentation required based on the country of shipment, any information and marketing material. The purchased products will be delivered by the shipping service chosen by Card.ax to the shipping address indicated by the Customer on the order. Card.ax will not be responsible for failed or delayed delivery due to causes of force majeure, such as - by way of example - strikes, measures by the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, inundations and damage to industrial machinery not dependent on Card.ax. Card.ax will promptly notify the Customer of the occurrence or disappearance of a cause of force majeure.
8. Standard digital service
Card.ax grants the Customer, with the purchase of the physical product, the service of digitally entering his data through his personal area on the Site, by way of non-exhaustive example:
- Name, Surname, NickName
- Role
- Contact Info
- Social media links
- Multimedia videos uploaded
- Web links
- Location Map
- etc…
This service is provided free of charge with the purchase of any Card.ax product. The service will be started directly by the Customer following the purchase in the store or upon receipt of the card. The password to access the service must be kept confidential by the Customer and for which he will be responsible as well as the use of his account. Card.ax reserves the right to remove, reclaim, modify or suspend any data entered by the user, if in its sole discretion it determines that such data is inappropriate, obscene or otherwise violates these General Conditions, as well as in case of any information that is untrue, inaccurate, not current, or incomplete, as well as terminate your account and refuse any use of the Site (or any portion thereof). To this end, the Customer represents and warrants that: (a) all registration information submitted is true, accurate, current and complete; (b) we will maintain the accuracy of such information and update such information; (c) you have the authority and legal capacity necessary to enter into these General Conditions and agree to comply with them; (d) is not a minor in the jurisdiction in which he resides; (e) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (f) you will not use the Site for any illegal or unauthorized purpose; (g) your use of the Site will not violate any law or regulation applicable to it.
9. Accessory subscription services
The user has the option to subscribe to Additional Subscription Services in addition to the free services offered by Card.ax. The description and technical specifications of the additional subscription services are shown in the relevant product sheets viewable on the site.
10. Duration of Subscription
The duration of your subscription to the Accessory Subscription Services is specified at the time of subscription and may vary based on the options you select.
Your subscription to the Accessory Subscription Services will automatically renew upon expiration unless you cancel your subscription. Cancellation requests must be made within 30 days of the expiration date by email to support@card.ax.
11. Payments
You agree to pay the fees for your subscription to the Accessory Subscription Services in the manner and terms indicated at the time of subscription.
All payments relating to the subscription to the Accessory Subscription Services will be charged through the payment method selected by the user at the time of subscription.
The Company reserves the right to change the rates of the Accessory Subscription Services upon notice to the user with at least 30 days' notice.
12. Cancellation of Subscription
You may cancel your subscription to the Additional Subscription Services at any time by sending a communication to the email address: support@card.ax.
Cancelling your subscription does not entail a refund of any payments already made by you.
Changes and Disruptions to the Services
The Company reserves the right to make changes to the Accessory Subscription Services upon reasonable notice to you.
The Company shall not be liable to you for temporary interruptions of the Accessory Subscription Services due to maintenance, updates or force majeure.
13. Right of withdrawal
If for any reason the Customer is not satisfied with the order, or in the unfortunate event that products are delivered that do not conform to what was requested, pursuant to Legislative Decree no. 206/2005, the Customer has the right to withdraw from the contract without any penalty by following the instructions below:
a) the right of withdrawal applies only to Customers who purchase as a Consumer (this definition meaning any natural person who acts on the site for purposes unrelated to any entrepreneurial or professional activity carried out).
b) The withdrawal request can be made within 14 working days from the purchase in a physical store (the purchase receipt will be proof) or from the arrival of the goods (the shipment tracking with which Card.ax sends will be proof the products to the address provided by the customer)
c) Card.ax will refund the full cost of the products returned by the Customer and the initial shipping costs incurred. The products must be: unused and undamaged, as well as accompanied by the relevant original tags and/or labels.
d) Returns will only be accepted if confirmed by Card.ax.
e) The return of the goods must be carried out within 30 days from the date of completion of the withdrawal request form sent via email to support@card.ax. The date of delivery of the products at Card.ax will prevail. Any products arriving after this deadline may not be refunded.
f) Refunds will be made with the same payment method provided for the purchase.
g) Card.ax will undertake to promptly reimburse the Customer no later than 14 days from the date of return of the product.
h) The costs of returning the products are borne by the Customer. The customer is responsible for the goods or goods subject to withdrawal during the redelivery period for events such as theft, damage or loss, and is therefore invited to prefer - in his own interest and where he deems it appropriate - a type of traceable and insured shipment.
i) the right of withdrawal does not apply to the supply of tailor-made or personalized products (custom card, card name)
If the Customer has complied with all the required conditions, Card.ax will refund the full price of the products purchased. On the contrary, the Customer will be contacted if his return cannot be accepted because it does not comply with the conditions set out above. In this case, you can choose to have the products purchased back at your expense. If you refuse this option, Card.ax reserves the right to withhold the products and the corresponding amount for the purchase of the products themselves.
14. Guarantee of non-conformity
Card.ax is responsible for any defect in the products offered on the site, including the non-compliance of the items with the products ordered, in accordance with the provisions of Italian law.
The non-conformity guarantee is valid provided that the Customer presents a formal complaint regarding the defects within a maximum of 14 days from the date on which the defect was recognized by the latter via email to the address: support@card.ax.
In case of non-compliance, the Customer who has stipulated the contract will have the right to obtain the restoration of conformity of the products without charge, through repair or replacement, or to obtain an appropriate price reduction or the termination of the contract relating to the disputed goods and the consequent refund of the price. All return costs for defective products will be borne by Card.ax. It is specified that since the technological products are in a constant phase of research and development, the images present in the catalog sheets are for illustrative purposes only and are not to be considered binding for contractual purposes. Card.ax reserves the right to distribute to the Customer products with variations but with similar or superior performance.
15. Contribution to shipping costs
For national and international shipments, the specific calculation of shipping costs is determined during the order phase by indicating the address to which the Products will be sent. The shipping cost is indicated on the order finalization page, before confirming the purchase.
16. Protection and processing of personal data
Pursuant to EU Regulation 2016/679 (GDPR) regarding "protection and processing of personal data", the Customer, by signing the contract, consents to the inclusion of his personal data in the databases held by the Supplier and to their processing . He also declares to be aware of the specific rights which, in relation to the processing of such data, derive from the art. 15 GDPR and following of the aforementioned regulation. The data controller is the Supplier in accordance with the provisions of the aforementioned Law.
17. Contacts
Card.ax – Property of Bit Cantieri SRL – ℅ Point, via Pasubio, 5 – Dalmine BG – 24044 – emal: support@card.ax
18. Communications to the Customer
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certificates, information, reports and in any case any documentation on the operations carried out, relating to the purchase of the Products, will be sent to the email address indicated on moment of purchase, with the possibility of downloading the information on a durable medium in the ways and within the limits provided by the Site.
19. Resolution of disputes and competent court
In the event of a dispute arising from this contractual relationship, the parties undertake to seek, before any legal action, a solution dictated by common sense. These General Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any different prevailing mandatory law of the country of habitual residence of the Customer. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent thereto must be resolved exclusively by the Italian jurisdictional authority. In particular, if the Customer qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law or, at the choice of the consumer in the case of action taken by the consumer himself, by the Court of Bergamo. If the Customer instead acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Bergamo.
20. Modification and update
Card.ax may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Customer will be asked to accept exclusively the General Conditions of Sale in force at the time of the relevant purchase. The new General Conditions of Sale will be effective from the date of publication on the website and in relation to purchase orders submitted after that date.
21. Intellectual Property Rights
All rights to the contents published on the Site (e.g. texts, videos, images, design cards) are subject to copyright as well as other laws for the protection of intellectual property and are reserved to the manager or whoever legitimately holds the relevant rights . The user is prohibited from modifying or deleting distinctive signs, trademarks or other indications. The use of the contents - in any way - is not permitted except in cases where Card.ax has expressly permitted it.
22. Other predictions. Limitations of Liability
These General Conditions do not regulate the sale of Products and/or the provision of services by parties other than Card.ax, which may appear on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these entities, the registered user must verify their conditions of sale. Card.ax is in no way responsible for the provision of services and/or the sale of Products by such entities. On the websites that may be consulted via these links, Card.ax does not carry out any checks and/or monitoring. Card.ax is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law on their part.