- Subject Matter
- Execution of the Sale and Purchase Agreement
- Availability of the Products
- Price and costs of delivery
- Placement of Orders
- Methods of payment
- Shipping and delivery of Products
- Right to Withdraw
- Flaws/defects of Products
- Errors and/or inaccuracies in the On-Line Shop
- Intellectual Property
- Applicable law
The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form.
- Account: means the account that the users of Arduino platform activate in order to enjoy the services provided on such platform.
- Arduino: means Arduino S.r.l. with registered offices in Monza (MB), Via Andrea Appiani 25, 20900, Chamber of Commerce of Monza Brianza registration No, 1910694, owner of the On Line Shop.
- Customer: means any individual (Consumer or Reseller) purchasing one or more Products in the On-Line Shop, accepting the General Conditions.
- Consumer: individual acting for scopes not included in any commercial, craftsman or professional activity carried out in their business
- General Conditions: mean these general conditions and any possible new future version which may be published on the On-Line Shop by Arduino.
- On-Line Shop: means a virtual shop, managed by Arduino and accessible at URL [hhtps://store.arduino.cc] where Products are available for sale.
- Orders: mean the purchasing orders of the Products placed by the Customers pursuant to the General Conditions and in accordance with the procedure set out under clause 6.
- Order Confirmation: means the e-mail message by means of which Arduino informs the Customers of the acceptance of the Orders.
- Parties: means Arduino and the Customers, when jointly referred.
- Price: means the sale price of the Products as specified in the On-Line Shop with reference to each Product.
- Products: mean the products and the services published by Arduino in the On-Line Shop for sale.
- Reseller Sales Conditions: means the contractual conditions applicable to the Resellers, which are supplementary to the General Conditions and available to the Resellers in connection to particular types of Products reserved to the Resellers.
- Reseller: means the Customer that purchase the Products in order to resell them for the scope of their business. Resellers are not considered “Consumers” pursuant to Legislative Decree no. 206/2005 (Italian “Codice del Consumo”) and to the present General Sales Conditions.
- Sale and Purchase Agreement(s): mean the sale and purchase agreements of the Products entered into, pursuant to clause 3, between Arduino and the Customers via the On-Line Shop.
- User Profile: means the space in the On-Line Shop where Customers are allowed, following authentication to: (i) monitor and update data and addresses where the ordered Products are to be shipped and delivered; (ii) view previous Orders; (iii) have access to any other specific function concerning their activity in the On-Line Shop.
- Subject matter
- The General Conditions apply to all the Sale and Purchase Agreements and form an essential part of the latter.
- Arduino has the right to modify the General Conditions at any time, being understood that the version of the General Conditions to be applied to the Sale and Purchase Agreements shall be the one published in the On-Line Shop at the time the Orders are placed by the Customers.
2.3 In case of conflict between the General Conditions and other possible terms and conditions applicable to the Sale and Purchase Agreements published in the On-Line Shop, the terms and conditions more favourable to the Customers shall apply.
3.1 Arduino undertakes to send the Order Confirmation to the Customers within 2 working days from receipt of the Orders from the Customers.
3.2 Sale and Purchase Agreements are deemed entered into between the Parties at the time the Customers receive the Order Confirmation. Should Customers not receive the Order Confirmation within the term under clause 3.1, the relevant Order shall be deemed as rejected by Arduino and thus have no effect.
3.3 By placing the Orders, Customers declare to have read all the instructions which refer to the methods of payment of Products pursuant to clause 6 and declare to have fully accepted the General Conditions and to have read all additional information available in the On-Line Shop, including information accessible through links.
3.4 The Orders will be recorded in the On-Line Shop's database in accordance with the procedures and in compliance with the provisions set out by Reg. EU no. 679/2016 (“GDPR”) and shall be accessible by contacting Arduino at the contact details specified under clause 16, at the contact details provided in the privacy notice, or by accessing the User Profile.
- Availability of the Products
4.1 Save for the provisions under clause 4.6, with reference to each Product published in the On-Line Shop, Arduino specifies whether:
(i) the Product is available at its warehouse;
(ii) the Product is not available at its warehouse;
(iii) the Product is available for “Pre-Order”;
4.2 The range and availability of the Products published in the On-Line Shop may vary from time to time, being understood that this shall not cause Arduino to be deemed liable vis-à-vis the Customers.
4.3 The availability of the Products indicated in the On-Line Shop is by no means binding, being understood that the Products indicated as “not available” under clause 4.1 (ii) shall not be ordered by Customers. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, Arduino, save for the provision set forth under clause 3.2, undertakes to inform such Customer, by email, on when the ordered Product/Products is/are expected to be available again. The Customer is entitled to withdraw the Order within 24 hours from receipt of the above communication sent by Arduino (notwithstanding the provision governing the right for withdraw under clause 9), by sending an email to the address specified in clause 16. In such case, Arduino undertakes to promptly refund the Price by utilizing the same method of payment chosen by the Customer.
4.4 Should a Product bear the indication available "for Pre-Order” this means that such Product is currently not available at Arduino's warehouses, but it will be available at some later date. By confirming the Order and paying for the Product the Customer purchases the Product, which will be delivered on the date specified by Arduino on the On-Line Shop and in any case within 30 days from the Order Confirmation.
4.5 Resellers may purchase not in stock Products (“Back Order”) pursuant to the Reseller Sales Conditions. Such possibility is specified on the On-Line-Shop in connection to the Product from time to time purchasable with a Back Order.;
- Price and shipping costs
5.1 The Price is in € (euros). 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, if applicable.
5.3 The Price does not include shipping costs. Arduino may request that the Customers bear part of the shipping costs, being understood that such amount will depend on the kind of delivery, the quantity of shipped Products, the volume, the weight and the destination of the Products.
5.4 The part of the shipping costs to be borne by the Customers following Arduino's request, if any, is indicated, separately from the Price, before the Order is placed by the Customers and shall be paid by the Customers jointly with the payment of the Price according to clause 7.
- Any possible tax, levy, expense or other duty provided for by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the Customers and shall be paid by the Customers upon delivery of the Products, directly to the competent tax or customs authorities, or to the courier in charge of the delivery.
- Placement of the Orders
6.1 In order for the Customers to place their Orders, they are requested to register an Account, to insert the data required to activate such Account and to specify the desired user profile (Maker, Company, School).
6.2 The Customers may purchase the Products by selecting them in the relevant section of the On-Line Shop dedicated to the Product category searched and putting them in the "cart". When the Products the Customers wish to purchase are more than one, the above procedure shall be repeated, by clicking on the other desired Products. Once the selection of Products is complete and the data relating to the selected Product/s and the delivery details is verified, the Customers must choose among the available methods of payment provided for by clause 7. Once a method of payment is selected, the Customers may proceed to place the Orders by clicking on the purchase confirmation button.
- Methods of payment
7.1 The Customers may pay the Price and the part of the shipping costs requested by Arduino as indicated under clause 5 by means of credit card, bank wire, Pay Pal, bank transfer or other methods of payment indicated by Arduino in the On-Line Shop. Arduino has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated by Arduino in the On-Line Shop at the time the Orders are placed by the Customers.
7.2 If the payment is made by credit card, Customers will be charged with the Price and with the part of the shipping costs requested by Arduino as indicated under clause 5, once the credit card data is verified and the authorization from the company issuing the credit card is received, upon the Confirmation Order being sent by.Arduino. Credit card data entered during the ordering procedure is protected and is transmitted directly to the bank in charge of the payments. The payment is made on a safe server directly, with an SSL deciphering key so as to guarantee total safety in the transaction. The credit card data is not accessible by Arduino or third parties, neither at the time of placement of the Orders nor later.
7.3 The payment by bank transfer (if such method of payment is available with regard to the selected Product) shall be made by the Customers using the bank details provided in the invoice, specifying in the reason for payment the order number which Arduino communicated at the time the Order was placed by the Customers and in the Order Confirmation.
7.4 If payment of the Price is made by PayPal, at the time the Orders are placed by the Customers, the web session shall be redirected on PayPal's safe Web site. On such Web site, the Customers will be able to complete the payment of the Price and the part of the shipping costs requested by Arduino as indicated under clause 5 using their own PayPal account and in accordance with PayPal conditions for utilization of service, which Customers will have accepted either at the time or previously. The Price and the part of the shipping costs requested by Arduino as indicated under clause 5 shall be charged on Customers' PayPal account upon the Confirmation Order being sent by Arduino.
7.5 Arduino shall send invoices by e-mail, within 24 hours from the purchase, on the basis of the information provided by the Customers. No amendment of the invoices shall be possible after the invoices have been issued by Arduino.
- Shipping and delivery of the Products
8.1 , With the exception of the method of payment NET30 provided to some Customers, Arduino shall not ship the Products until the receipt of the payment of the Price; once the payment of the Price is received (or once what requested pursuant to the method of payment NET30 is provided), Arduino undertakes to ship the Products:
(i) when the Products are available (as defined under clause 4):
- within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card;
- within 3 working days from the time the confirmation of the payment is made available by Arduino if the payment is made with methods different from credit card;
(ii) should one or more Products become unavailable (as in the case under clause 4.3), save for the right of Customer to withdraw the Order pursuant to clause 4.3, within 3 days from the time such Product or Products are once again available at Arduino's warehouses;
(iii) in case of Products purchased via “Pre-Order” (as defined under clause 4.4) within 3 working days from the time such Products are available at Arduino's warehouses;
8.2 Arduino guarantees the shipment of the Products, to the countries indicated on the Online Shops by means of transport selected by Costumers. The Products are shipped by Arduino, and delivered by means of transport selected by the Costumer, at the address indicated by the Customers at the time of registration as under clause 6.1 or at a different address specified at the time the Order is placed.
8.3 Arduino undertakes to use its best effort to ensure that the Products shipped pursuant to clauses 8.1 and 8.2 shall be delivered by the selected couriers within the term specified on the On-Line Shop with regard to each Product and in any case within 30 days from the execution of the Purchase and Sale Agreement.
8.4 The delivery terms under clause 8.3 may not, under any circumstance, be considered binding as Arduino is unable to directly monitor the deliveries of the selected couriers; therefore, Arduino cannot be held liable in case of breach of the delivery terms mentioned under clause 8.3, provided that the purchased Product must be delivered within 30 days from the execution of the Purchase and Sale Agreement.
8.5 In order to allow the Customers to monitor the progress of the Orders, Arduino shall issue an Order number which, once inserted in the "my order" section – accessible from any page of the On-Line Shop – allows to verify all information concerning the Orders.
8.6 The Customers may also verify the progress of Orders utilizing the "Order Tracking" function provided by the courier selected by Arduino for the delivery. Such check is available to the Customers only after the shipment of Products and by utilizing tracking data communicated by Arduino via e-mail or by accessing the Account.
8.7 The Customers, or authorized third parties who will be at the address indicated in the Order Confirmation at the time of delivery, are bound to verify that:
(i) the Products correspond to the content of the courier's delivery slip (DDT) both as regards to the quantity and type;
(ii) the parcel/package of the Products is intact, undamaged, not wet nor in any way altered even with reference to the securing material.
8.8 Any damage to the parcel/packaging of the Products must be immediately claimed by the Customers by means of a comment expressing "control reserved" to be written on the courier's slip acknowledging delivery. It is understood that once the slip is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products.
- Right to withdraw
9.1 Consumer Customers have the right to withdraw from any Sale and Purchase Agreement, without giving any reason and by sending Arduino a declaration of any sort, provided that it is unequivocal.
9.2 Customers who decide to return purchased products, exercising their right to withdraw, shall use the return shipping label or follow instructions that they shall receive from Arduino after their notification of the decision to exercise such right to withdraw. If Customer do not have access to a printer, face problems with the receipt of the return shipping label or require a new return shipping label, they can contact the Customer Care to request one.
9.3 Information regarding the right of withdrawal (according to Art. 49 (1), lett. (h) of Lgs. Decree no. 206/2005 “Codice del Consumo”)
Customers have the right to withdraw from any Sale and Purchase Agreement within 30 days without giving any reason. The withdrawal term is 30 days from the day on which the Customer, or a third party designated by the Customer (but who is not the courier), receives the last item of the ordered products. In case the Sale and Purchase Agreement includes more than one Products to be delivered separately, the term of 30 days begins on the day the Customer, or a third party designated by the Customer (but who is not the courier) receives the last item included in the Order.
In order to exercise the right of withdrawal, it is necessary to notify Arduino (Arduino S.r.l., via Andrea Appiani 25, e-mail: email@example.com of the decision to withdraw from the Sale and Purchase Agreement by sending an unequivocal declaration (e.g. a letter sent by post or an e-mail). To do so, the Customers may use the attached withdrawal form downloadable here but there is no requirement to do so, or they may use the standard text described under clause 9.5. Customers who do not wish to use the attached withdrawal form, shall send Arduino other unequivocal declaration to submit the withdrawal.
Customers may also fill and submit the withdrawal form or other unequivocal declaration online through the contact form on the On-Line Shop. If Customers submit the notice of withdrawal, Arduino will send a confirmation of receipt within two working days (e.g. by e-mail). Customers will be deemed to have complied with the withdrawal term by sending the notice of withdrawal before the 30 days term from the day on which the Customer, or a third party designated by the Customer (but who is not the carrier), received the last item of ordered Products expires. In case the Sale and Purchase Agreement includes more than one Products to be delivered separately, the term begins on the day the Customer, or a third party designated by the Customer (but who is not the courier) receives the last item included in the Order.
9.4 Consequences of withdrawal
If Customers withdraw from a Sale and Purchase Agreement, Arduino will refund all payments received, including delivery costs (except any additional costs incurred as a result of the Customer choosing a delivery method other than the lowest-cost standard delivery). Refunds will be processed using the same payment method used for the original transaction by the Customers, unless expressly agreed otherwise. Arduino will not charge the Customers any fees for the refund. Arduino may hold off completing the refund until receipt of the Products back.
The Customers shall return or hand over all Products without undue delay, at least within 14 days from the day on which they gave their withdrawal notice. If a Product consists of several parts, Customer must return all parts of the Product in order to obtain a refund.
The Products must be returned
- Correctly packed in their original packaging, they must not be ruined, damaged or soiled and, if any, equipped with all their accessories, instructions and documentation;
- Equipped with their transport document (enclosed in the original packaging), to allow Arduino identifying the Customer (order number, name, surname and address);
- Without signs of use, not attributable to an ordinary examination of the products (they must not show sign of a long-term use, or a use exceeding the duration of the need to examine the products and they must not be in a condition that does not allow any reselling), wear and tear, cosmetic damage, or any other damage. Customer must keep the original packaging and use it to repack a Product for return.
If the returned Products do not comply with the requirements referred to in the previous paragraph, the withdrawal shall be ineffective and refund will not be processed.
Return shipping costs shall be borne by the Customer. The Customers are obliged to cover any depreciation in the value of Product if the depreciation is attributable to an improper handling of the Product when examining its condition, properties and function.
9.5 Standard withdrawal form
The Customers who wish to withdraw from the Sale and Purchase Agreement using the attached withdrawal form downloadable here are kindly requested to complete this form and return it to Arduino at:
Arduino S.r.l., via Andrea Appiani 25, 20900 Monza (MB), e-mail: firstname.lastname@example.org
The Customers may also send any other unequivocal declaration to notify Arduino the withdrawal of the contract. Alternatively, if the Customers do not wish to use the revocation form above attached they may complete the following standard form:
I/we (*) hereby withdraws from the agreement concluded by me/us (*) to purchase the following products/services (*)
— ordered on (*)/ received on (*)
— name of Customer(s)
— address of Customer(s)
(*) Delete where applicable.
- Defective Products
10.1 To the Orders placed with the On-Line Shop, the provisions set out under Legislative Decree no. 206/2005 relating to the warranty for any flaw and defect of the products shall apply. "Consumer" Customers (as defined under clause 9.1) have the rights granted to the "consumers" by article 130 of Legislative Decree n.206 of 2005; such rights must be exercised in accordance to the terms provided for by article 132 of the above mentioned Decree.
Arduino undertakes and guarantees that Customers’ personal data shall be processed in accordance with the provisions set out under the GDPR, and further modifications. Details referred to data processing are communicated to the Customers at the time of registration as under clauses 6.1 or 6.2 through the availability of the privacy notice.
- Errors and inaccuracies in the On-Line Shop
12.1 Arduino undertakes to constantly check the On-Line Shop in order to avoid any possible error or inaccuracy. However, it is possible that the On-Line Shop bears, or might bear, errors, inaccuracies or oversights from time to time.
12.2 Arduino has the right to amend the errors, inaccuracies or oversights contained in the On-Line Shop even after an Order has been placed as well as the right to modify and update the information at any time without any prior notice to the Customers.
All intellectual property rights connected to the On-Line Shop (including its contents) are the exclusive property of Arduino; the On-Line Shop and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilized in any way, without prior written consent from Arduino.
14. Applicable law
14.1 The General Conditions and the Sale and Purchase Agreements are governed by, and construed in accordance with, the laws of the Republic of Italy (in particular by Legislative Decree No. 206 of 06/09/2005 and by Legislative Decree No. 70 of 09/04/2003 on e-commerce) and shall be interpreted accordingly.
14.2 Consumer Customersmay initiate an alternative dispute procedure (“ADR”) in compliance with the requirements set out under clauses 141 et seq. of Legislative Decree no. 206 of 06/09/2005. If Customers initiate an ADR procedure Arduino guarantees to participate in any attempt to reach an amicable settlement, which users may initiate via RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce.
14.3 Customers have also the right to initiate an online dispute procedure available on http://ec.europa.eu/consumers/odr/.15. Contacts
For further information and assistance on the On-Line Shop and/or on the methods of purchase on the On-Line Shop and/or on the Sale and Purchase Agreements, the Customers may contact:
Arduino S.r.l., Via Andrea Appiani 25, 20900 Monza (MB)