Sale Condition Incipit S.r.l. sells on website uptobe.it some UPTOBE brand items and guarantees that every item is authentic. Incipit S.r.l., by this site, offers its customers the opportunity to purchase only items already available in stock. It is not possible for the customer to order items that are not already available. Therefore, the order that contains an article which had become, in the meantime, even for mere error, not available, shall be deemed null. All orders are subject to stock availability and acceptance. Please be aware that even if an item is in your cart, it can still be bought by another customer until you have completed your order. The reception of the order by Incipit S.r.l. sent by customer through electronic data transmission, determines that the transaction has been successfully completed and the contract closure. With the closure of the contract, Incipit S.r.l. is committed to provide clients with the products ordered, the terms and conditions provided in these Conditions, does not fall within the category mentioned above the “end user” or if, for whatever reason, the product ordered is not available for sale. Once the order is processed, Incipit S.r.l. reserves the right to re-confirm the availability of the merchandise and verify the transaction’s validity. Clients will be informed by Incipit S.r.l. if for any reason the ordered item(s) is not available or if the order cannot be processed as per client’s request. By “End User” Incipit S.r.l. intends people who do not operate their own entrepreneurial nor professional activities. Therefore, Incipit S.r.l. invites users who may not be considered “End User” to refrain to use their account or accounts of third parties to forward purchase orders relative to the merchandise on sale. In regard to the commercial policy described below, Incipit S.r.l.  reserves the right to not process orders from persons that are not “End User” and any other orders that are not in conformity with the said commercial policies. By sending the order, the customer unconditionally accepts and undertakes to observe relations with Incipit S.r.l. all conditions contained in these Terms. Therefore, the order implies the entire understanding and full and unconditional acceptance by the customer of these Conditions.    

1. Payment Information

The item purchased must be paid together with the closing of the purchase transaction by PayPal or credit card by PayPal.   PayPal/Credit card (via PayPal) You may pay by PayPal using your PayPal account or Credit Card throughout the condition established by PayPal. For more information consulting the website www.paypal.com. Incipit S.r.l. can ship the order if and only if the PayPal account’s data (name, surname and address) correspond to order holder’s data.  

2. Delivery & Shipping information

The orders will be shipped on 2^nd working day following the order was placed

1. Shipping in Italy and EU

Shipping costs are 10€ throughout Italy by DHL courier. As per International Laws regulating Commerce and Trade all shipments coming with Delivery Note, which declares the article’s value in Euro.   For the delivery, you can consider:

• 1-2 working days for Italy (+1 day for Sicilia and Sardegna)
• 4-5 working days in UE

 

1. Shipping outside EU

Delivery charges cost 10€ per order by DHL courier. (except Russian where Incipit S.r.l. will send by International Poste) Shipments destined outside the European Community are subject to import fees  based on the client’s home country regulations. Payment of these fees is the sole competence and responsibility of the client (terms of delivery will be DDU DELIVERY DUTIES UNPAID). Product prices that are published on the website uptobe.it reflect the actual retail price of the goods which no include IMPORT FEES (based on the customer’s home country regulation). The payment of these is necessary to release your order from customs on arrival. As we are unable to advise the amount this may be, we suggest you contact customs or the customs broker closest to you.   For the delivery, you can consider:

• 8-10 working days for countries outside of EU

  The shipments for Russian Federation could be subjected to delays on deliveries caused by Custom procedures not estimable in advance and not imputable neither to Incipit S.r.l. either International Poste.  

1. Shipment Insurance

Uptobe shipments are insured against theft and accidental damage.  Once the shipment arrives at destination insurance loses its effectiveness. Incipit S.r.l. requires a signature for orders delivered, at which point responsibility for the purchased goods passes to the customers. The person who signs for the package confirms receipt and he is accountable for the package.  

1. Shipment Delivery

Upon delivery, clients are asked to carefully inspect the package before placing a signature for the receipt of the merchandise. uptobe.it  boxes are brown carefully taped with scotch-tape marked “Sigilllo di Garanzia”. If, for any reason, the box looks tampered or the official adhesive tape is not intact, clients should sign for the package as “Good unchecked” or to refuse delivery. In the event that the box has been signed for with an unauthorized signature or there is evidence that the package has been tampered, clients are asked to immediately contact Incipit S.r.l. at support@uptobe.it. If for any reason the shipment can not be successfully delivered to the address provided by the client in the commercial contract within 7 days after the first attempt to deliver, the package will be returend to sender and the expenses will be charged at the client. These amounts will be deducted from any refund due to the client by Incipit S.r.l. Shipments destined outside the European Community are subject to import fees based on the Customer’s home country regulations for the return as well. The payment of these is necessary to release your order from customs and are sole responsibility of the customers. As we are unable to advise the amount this may be, we suggest you to contact the custom house or the customs broker more closer to you. Anyway in case of return, Incipit S.r.l. will deduct these amount from the eventual customers’ refund.        

3. Return and Refund Policy

 

1. Return and Refund

You have the right to withdraw the contracts, without indicating the reasons, within 14 days. The period of withdrawal expires after 14 days from the day in which you or a third party, different from shipper and designed by you, acquires the product. To respect the expire of withdrawal, client should send the return communication/procedure within the time limit concerning to right of withdrawal. To exercise the right to withdraw, client must inform Incipit S.r.l.  (Via Prato, 29, – 51031 Agliana PT – Italy) about the decision to withdraw the contracts via written declaration, to complete and send the “Return Form”. The return request must include the Item Code of the item(s) to be returned and the compensation for the return (refund). To respect the expire of withdrawal, you should send the return communication/procedure within the time limit concerning to right of withdrawal. Incipit S.r.l. will send a return confirmation via e-mail and the customer will have to follow the instruction to resend the items and to book the pick up by DHL courier. Client will receive a Return Authorization Number also and must write this Number on the box used to return the goods. Return shipment costs will be on charge of Incipit S.r.l. Clients must follow the official Return Policy as stated here below:

• The returned item(s) must be in the same condition in which it was originally sent and orderly packaged in a tamper-proof packaging.
• The returned items(s) must be complete with all original accessories (internal and external tags, extra buttons, garment bags, hangers, etc
• Incipit S.r.l. will not accept any items that have been worn, washed or altered for any reason.

  All authorized returned merchandise is subject to re-entry inspection which is at the sole discretion of Incipit S.r.l. and must meet all the requirements listed under the above indicated Return Policy. Incipit S.r.l.  reserves the right to assess re-stocking fees depending on the state of the returned merchandise. Incipit S.r.l. reserves the right to refuse unauthorized returns. Incipit S.r.l. reserves the right to request photographic support regarding defective merchandise  apparently before authorizing the return and the eventual charges for import fees. Incipit S.r.l. will ship clients the returned corrected goods free of charge  If the authorized returned item(s) passes re-entry inspection, the client will receive a confirmation of the return from Incipit S.r.l. The refund will be done by PayPal, under their conditions (for further information www.paypal.com), within 48 working hours starting from e mail of return confirmation receipt, sent from Incipit S.r.l.   Referring to the returned packages sent from outside the European Communities Countries (UE) the compensation will be limited only to refund 

1. Return and Change size/color Policy

It is not possible to change the item(s) with a different product. Incipit S.r.l. offers the possibility to ask for changing size and/or color of purchased goods. Referring to Extra EU clients, the compensation will be limited only to refund  The period of withdrawal expires after 14 days from the day in which you or a third party, different from shipper and designed by you, acquires the product. To exercise the right to withdraw, Client must inform Incipit S.r.l.  (Via Prato, 29, – 51031 Agliana PT – Italy) about the decision to withdraw the contracts via written declaration, to complete and send the “Return Form“. The return request must include the Item Code of the item(s) to be returned and the compensation for the return: size and/or color exchange. After checking availability of required item, Incipit S.r.l. will send a return confirmation via e-mail and the customer will have to follow the instructions to resend the items and to book the pick up by DHL courier. Client will receive a Return Authorization Number also and must write this Number on the box used to return the goods. Shipping costs will be in charge of Incipit S.r.l., both for return and for shipment of substitute item. In case of further request for changing size/color (to be transmitted by completing and sending the “Return Form”) all shipment costs will be on charge of client. Clients must follow the official Return Policy as stated here below:

• The returned item(s) must be in the same condition in which it was originally sent and orderly packaged in a tamper-proof packaging.
• The returned items(s) must be complete with all original accessories (internal and external tags, extra buttons, garment bags, hangers, etc
• Incipit S.r.l. will not accept any items that have been worn, washed or altered for any reason.

  All authorized returned merchandise is subject to re-entry inspection which is at the sole discretion of Incipit S.r.l. and must meet all the requirements listed under the above indicated Return Policy. Incipit S.r.l.  reserves the right to assess re-stocking fees depending on the state of the returned merchandise. If the authorized returned item(s) passes re-entry inspection, the client will receive a confirmation of the return from Incipit S.r.l. Incipit will provide for shipment of substitute item within 72 working hours Incipit S.r.l. reserves the right to refuse unauthorized returns.      

4. Website Policy

 

a.      Online Items and pictures

Incipit S.r.l. declines every responsibility that, due to a particular configuration of a client’s computer or to malfunction, the colors of the products visualized on the web site could appear to be slightly different from the original. Incipit S.r.l.  signals that some items unlike they appear online on the picture, could be different in dimensions depending on selected size. Images on atelier-uptobe.com belong to Incipit S.r.l.. Any unauthorized use of these images without the express written consent of Incipit S.r.l. is forbidden and will be persecuted by law. For more information please contact: support@atelier-uptobe.it  

1. Legal Terms

This notice contains the terms and legal conditions that govern the web site uptobe.it. Users of uptobe.it accept and agree to respect all the conditions included in this declaration. If users do not accept these terms, Incipit S.r.l. reserves the right to ask the users to refrain from using the uptobe.it website. The access and the use of the web site uptobe.it are for personal use only. The visualization of uptobe.it web site provides clients with product information and the possibility to purchase merchandise.  

c.       Trademark, Property, Copyright

Incipit S.r.l. is the owner of the web site uptobe.it and of all its contents. This includes, but is not limited to, the trademark, documentation, images, characters, design, music, software, codes and format scripts. The material included in the web site uptobe.it is protected by copyright. Incipit S.r.l. does not allow the use of the trademark and of all web site’s contents. Reproduction, modification, transmission, re-publication and/or re-distribution to third parties for any possible purposes are strictly prohibited without the express written consent from Incipit S.r.l.  

d.      Contents

In addition to Trademark, Property, Copyright mentioned above, “Contents” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Incipit S.r.l. tries to ensure that the information on uptobe.it website is accurate and complete but does not guarantee that all the contents are accurate or error-free. Incipit S.r.l. does not assure that the functional aspects of the site uptobe.it will be error free or that this site or the server that makes it available are free of viruses or other harmful components. Incipit S.r.l. recommends that all users of the Internet ensure they have up to date virus checking software installed. 

 

e.       Disclaimer

Incipit S.r.l. publishes information on its website in order to provide a service to users, but declines every responsibility of the possibility of eventual technical inaccuracy and/or typographical errors. Once brought to attention, Incipit S.r.l. will execute immediate correction. Incipit S.r.l. also reserves the right to make corrections and changes to the web site when necessary without giving prior notice. Incipit S.r.l. does not offer any guaranty that the information published on its own web site, is in conformity with the laws of the user’s competent jurisdiction and declines any responsibility from eventual problems, damages, viruses or risks that the user may incur during the use of the web site. The web site uptobe.it is a protected site according to international Internet standards which, if used correctly, users can be reassured not to encounter viruses. Incipit S.r.l.  declines any responsibility from eventual faulty operations of the web site due to the deactivation of “cookies” in the user’s browser and reserves the right to modify the terms and the conditions contained in this legal note when it is necessary without giving prior notice. Users must accept the terms and conditions of this legal notice, and must be sure to visit these pages periodically for updates, changes and corrections.  

1. Italian Legislation

uptobe.it web site, in adhering to Italian law and in particular to the Court of Pistoia, states: “Entering this web site the user agree that the laws and the regulations of the Italian State will enforce any questions pertinent to the use of the web site uptobe.it. The user also agree to submit exclusively to the competent Court of Pistoia for the questions above. Incipit S.r.l. does not guarantee in any way that material present on the web site can be appropriate or of possible use in other countries and the access to those materials from places where the relative contents are illegal is expressly prohibited. Users who choose to enter this site from said locations, do so at their own risk, and are solely responsible to respect relative local laws.”