GENERAL INFORMATION AND OWNER
SIMGEARS is a commercial name owned by SIMGEARS S.r.l.s. – Italy.
These Terms and Conditions regulate access to and use of the website www.simgears.com (hereinafter, the Website) owned by SIMGEARS S.r.l.s. (hereinafter, the Owner), with registered office in Via Nicola Garrone, 26 – 00166 Roma – Italy, P.IVA (VAT) IT 17511301008 – REA: RM RM – 1722821 – Cap. Soc.: €.1.000 (full dep.), as well as services and products offered by the Owner on this website.
The Owner provides this Website subject to these terms and conditions. By visiting this Website or using the services or applications of this Website, the user accepts these Terms and Conditions.
Users will not be required to register in order to access to the Website. However, the User’s registration and acceptance of these conditions will be required in order to contract any of the services offered by the Owner and before formalizing the payment.
Through this website, the Owner offers users products and services. These Terms and Conditions define the rights and obligations of the Owner and Users within the framework of the Website. These Terms and Conditions are the only ones applicable to the use of this Website and to the contracting of orders through this Website: they replace any other conditions, except by prior and documented agreement between the Owner and the User. Certain services may have particular conditions.
USE OF THE WEBSITE
The use of the Website is not allowed in connection with criminal offences or illegal activities of any kind, or for fraudolent purposes.
It is prohibited to send, use or reuse illegal, offensive, abusive, indecent, defamatory, obscene or threatening material of any kind.
It is also prohibited to violate intellectual property rights, trademarks, confidentiality, privacy or any other right, that is, otherwise insulting or objectionable to third parties.
It is prohibited to use or publish any content that contains computer viruses, political advertising, advertising content, chain mail, mass mailing or any other type of “spam” and, in general, any type of inconvenience or inconvenience unnecessary.
The User undertakes to make a lawful and correct use of all information or content accessed through this Website.
The User also undertakes not to provoke, maliciously or intentionally, any damage or prejudice that may undermine, alter the Website itself, or introduce or spread computer viruses that may produce unauthorized alterations to the contents or systems of the Website.
The Owner reserves the right to deny access to the Website or even cancel orders to Users who misuse the contents and/or breach any of the conditions that appear in this document.
Some hyperlinks contained in the website may direct to third-party websites. The Owner does not assume any responsibility for the content, information or services that may appear on said sites.
INTELLECTUAL OR INDUSTRIAL PROPERTY
The intellectual property rights of the Website www.simgears.com and its various elements are the property of the Owner, who has the exclusive exercise of the rights of exploitation thereof in any form.
The total or partial reproduction of the contents of the Website is totally forbidden. The unauthorized use of these contents will give rise to legal responsibilities.
WEBSITE DATA AND ELEMENTS
All the data included in the Website is for informative function, including descriptions, images, graphics, videos, and more. Therefore the Owner declines any responsibility for possible errors in the Website, although it will take all the necessary measures to correct the aforementioned errors or omissions as soon as possible after he has been informed.
USER DATA
Users are asked to register through the registration form available on this Website in order to buy products or services offered in it.
The User will be responsible for maintaining the confidentiality of the data and information provided and for restricting access to his computer/device and to his username and password in order to avoid possible unauthorized uses.
In the case that the User suspects that his data have been exposed to third parties, or if they have been used (or are likely to be used) in an unauthorized manner, he must communicate immediately this situation to the Owner.
The User must verify that his data is complete and correct. In case of any variation and/or modification in the information provided, he shall inform the Owner.
TERMS OF SALE AND ORDERS
Products and Services offered through this Website can be purchased by users over 18 years old, in almost every part of the world.
To place a purchase order through this Website, the User must provide the required data through the purchase form in order to complete the order and finalize the contract.
PRICE AND PAYMENT METHODS
After compiling the purchase form data, the User will proceed to pay for the order through the means of payment specified on the Website
After the payment transaction, the User will receive an e-mail of confirmation with a summary of the items purchased and the details of shipment.
If any problems occurr during the transaction and payment is not successful, the order will not be processed.
The prices of the services are expressed in Euros (€).
Taxes and shipping costs will be calculated during checkout depending on the billing and shipping addresses.
All the prices shown are exclusive of Taxes.
The Value Added Tax (IVA/VAT) will be calculated during checkout depending on the billing address.
CUSTOMS CHARGES
In some countries the goods may be subject to the payment of customs charges: the payment of these charges will be borne by the buyer.
DISCOUNT CODES
The Owner can offer discount codes that can be applied only with specific conditions, depending on the promotions or type of code emission.
Users can use only one code for each order, compatibly with the type of products or any other promotions in progress.
RETURNS AND RIGHT OF WITHDRAWAL
In accordance with the General Law for the defense of Consumers and Users, the User has fourteen (14) days to return the entire of the order or any of the products purchased in the order, without any penalty and without the need to indicate the reasons.
In any case, the User shall be responsible for the direct cost of return to the Owner, whether the order is returned in full or in part (only some products of the entire order).
The User must communicate the return to the address support@simgears.com or by telephone call (+39 0774 363598) or by written communication (postal service) to the Owner. The return must include the tracking code.
The product/s must be returned at the following address:
SIMGEARS S.r.l.s.
c/o Plexismart S.r.l.
Via Monte Nero, 55
00012 Guidonia Montecelio – Roma
Italy
The Owner is not responsible for the courier company that the User contracts for the return of the order. The Owner encourages the User to require the courier company to provide proof of delivery once the courier has delivered the product to the Owner’s destination address.
All the return costs are borne directly by the User.
The returned product must be unused and with all its labels, packaging and, where present, documentation and original accessories that came with it: if such conditions are not met or if the product has suffered any damage, the User accepts that the product may suffer a depreciation or that the Owner may refuse the return.
Once controlled the return and verified its conditions, the Owner proceeds to return the corresponding amounts paid by the User when products were purchased.
If the order is returned in full, the Owner will return to the User the entire order amount (excluding return shipping costs or other return costs).
The Owner can propose, instead of returning the money, the possibility of sending a new product or a promotional code, for future purchases, worth the amount paid for the returned product/s.
In case of refound of the amount paid, the payment will be made by the Owner after he has received back the product to its warehouse and after its conditions have been checked.
PRODUCT CHANGE POLICY
In the event that the User would like to change the received product, he shall ask for change within 7 days from receipt of the order.
The User shall be responsible for the direct cost of return to the Owner, whether the order is returned in full or in part (only some products of the entire order).
The User must communicate the willing to change the product/s to the address support@simgears.com or by telephone call (+39 0774 363598) or by written communication (postal service) to the Owner. The return must include the tracking code.
The product/s must be returned at the following address:
SIMGEARS S.r.l.s.
c/o Plexismart S.r.l.
Via Monte Nero, 55
00012 Guidonia Montecelio – Roma
Italy
The Owner is not responsible for the courier company that the User contracts for the return of the order. The Owner encourages the User to require the courier company to provide proof of delivery once the courier has delivered the product to the Owner’s destination address.
All the return costs are borne directly by the User.
The returned product must be unused and with all its labels, packaging and, where present, documentation and original accessories that came with it: if such conditions are not met or if the product has suffered any damage, the User accepts that the product may suffer a depreciation or that the Owner may refuse the return.
Once controlled the return and verified its conditions, the Owner proceeds to change the product with a new one and send it to the User.
If there isn’t the possibility to send another product with the same characteristics (lack of stock or other problems) the User may ask the Owner for a refound for the amount paid for the product, or he can ask for another product:
In case of product change, no shipment costs for the new product will be applied to the User.
WARRANTY
SIMGEARS products are covered by a limited warranty against manufacturing defects for a period of 24 months from the date of purchase.
If any of the products does not comply with the description made by the Owner or with the specifications described on the Website, included the destination of use, the User can contact the Owner’s customer service (through contacts provided in the Website) and ask for warranty.
The Owner undertakes to repair, or replace the defective product if its defects manifest within a period of two years from the date of its purchase.
The Owner will accept a defect if:
To apply for the warranty, the Customer must show a proof of purchase and the defective product. The Owner will not accept warranties claims if there is not any proof of purchase or proof of defects.
If the defective product is returned within the warranty period, the Owner undertakes to repair or replace it. Shipping costs will not be covered by warranty.
LIMITATION OF WARRANTY
The warranty does not cover any of the following situations:
PARTIAL INVALIDITY
In case any Clause of these Terms and Conditions is declared void, the other Clauses will remain in force and will be interpreted taking into account the spirit of these Terms and Conditions.
MODIFICATIONS
The information that appears on this Website is current as of the date of its last update. The Owner reserves the right to unilaterally modify these Terms and Conditions, as well as its privacy policy and any other information. The entry into force of the modifications of the Terms and Conditions will occur from the moment of its publication on this Website.
VARIATION OF TERMS OF SALE IN CUSTOMIZED CAMPAIGNS
The User is subject to promotional campaigns, so the terms may vary depending on the campaign conditions.
NOTIFICATIONS
All communications between the Owner and the User regarding the contracting of orders through the Website, will be made in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case.
LANGUAGE
The Owner may translate these Terms and Conditions, its Privacy Policy, or any other content that may be published on the Website.
APPLICABLE LEGISLATION AND JURISDICTION
These Terms and Conditions are subject to Italian legislation.
In In the event of a dispute, the User residing in the European Union may resort to the “Online Platform for Conflict Resolution” developed by the European Commission.
In any case, the Owner provides a dedicated e-mail address “support@simgears.com” to make any complaint in relation to the products and services provided by the Owner.
