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Kippy vita S Sicherheitsbedingungen Und Fristen Seite 8

Gps and activity monitor designed for pets

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  • DEUTSCH, seite 18
possible harm to the environment or human health from uncontrolled
waste disposal, we ask the Customer to separate the Device and ac-
cessories from other types of waste and recycle the former responsi-
bly to promote the sustainable reuse of resources. The Device and its
accessories must not be disposed of with other commercial waste.
9. PRIVACY
9.1 The Company will process Customers personal data in accor-
dance with its privacy policy, which can be viewed on www.kippy.
eu/privacy.
10. WARRANTIES AND LIABILITY
10.1 Devices are protected by warranty for consumer goods ("War-
ranty"), which protects consumers pursuant to Legislative Decree
no. 206 of 6 September 2005 ("Consumer Code") for the period
prescribed by the law. The Warranty goes into effect on the day of
delivery of the Device.
10.2 The Customer may only exercise his/her right to the Warranty
only with respect to the final seller (i.e., the person who sold him/her
the product, or the "Reseller", as defined below, where the defects
becomes apparent within a period of two (2) years from delivery,
and, in this case, notifying such defect to the seller within two (2)
months from the date on which such defect was discovered. The
Warranty is reserved exclusively to consumers as defined by the
Consumer Code.
10.3 The Warranty does not cover the following:
a. checks, maintenance, repair and replacement of components as
a result of natural wear and tear of the Device (e.g., wear and tear of
the Device materials or accessories);
b. abuse or misuse, including but not limited to, inability to use the
Device for normal purposes or in accordance with the instructions
for use and maintenance, as set forth in chapters 6 and 7;
c. software upgrading following changes to the network parameters;
d. use of the Device in conjunction with accessories not approved
by the Company;
e. malfunction of the Device due to incorrect installation or use not in
accordance with the instructions and General Conditions;
f. force majeure events beyond the Company's control;
g. unauthorized changes made to the Device to comply with local
or national technical standards in force in the countries outside the
Coverage Area;
h. damages to battery caused by overloading or use not conform-
ing to the proper maintenance instructions outlined in these Terms;
i. malfunctioning due to repairs performed by unauthorized service
centers or personnel;
j. the possibility that the model and/or serial number has been al-
tered, deleted or made illegible;
k. when the batteries have been loaded from a different carger other
than the one supplied with the Device, or approved by the Company;
l. in case of tampering with the Device.
10.4 The Company shall not be held liable if it is not possible to track
the pet as a result of:
a. failure to comply with these General Conditions by the Customer
and, in particular, the conditions of use and storage and the safety
provisions;
b. lack of or insufficient satellite or GSM/GPRS signal;
c. theft;
d. loss of the Device or failures caused by the pet's movements or
actions that cause the detachment or breakage of the Device;
e. interference with other equipment;
f. any other cause not dependent upon the Company's control.
10.5 The Company shall not be liable, except in cases of willful mis-
conduct or gross negligence, concerning:
a. the proper functioning of SIM data and transfer of data into and
out of the Coverage Area, including in the case of Internet and tele-
communications networks malfunctions that are not caused by or
dependent upon the Company;
b. the correct operation of the Customer's Smartphone, tablet or
computer (the Customer is required to update Apps and firmware
issued by the manufacturer).
11. INTELLECTUAL PROPERTY RIGHTS
11.1 The name and the brand used by the Company, as well as all
industrial and intellectual property rights and/or any other relative
right, title, and interest, including rights granted by effect of this doc-
ument, are the sole property of the Company and/or its licensees.
Unless otherwise agreed, the Customer cannot use the name(s) and
trademark(s) of the Company in any way without the prior consent
of the Company.
12. FORCE MAJEURE
12.1 The Company shall not be liable for any damage, loss, claim,
cost, charge or expense of any nature suffered or incurred by the
Customer arising from or in connection with the malfunction of the
Device caused by acts or events beyond the reasonable control of
Company, its agents or contractors, or sub agents and sub contrac-
tors, which could compromise the performance of the Device and
related obligations of the Company, including, without limitation,
disasters, fires, floods, earthquakes, acts of God, force majeure
events, terrorist attacks (whether actual or threatened), war, sabo-
tage, explosions, riots, civil demonstrations, revolutions and strikes,
lockouts or labor disputes, acts of government, accident or failure of
plant or machinery, shortage of materials, non-delivery of services by
utility suppliers (including electricity, gas and telecommunications
suppliers, and any other acts or omissions of third parties, that are
beyond the Company's reasonable control.
13. APPLICABLE LAW - OUT-OF-COURT DISPUTES - ALTERNA-
TIVE DISPUTE RESOLUTION/ONLINE DISPUTE RESOLUTION
13.1 These General Terms shall be governed and construed accord-
ing to the laws in force in Italy.
13.2 Customers/Consumers whose residence is outside of Italy may
apply provisions deemed more favorable and mandatory, if any, in
force in the country where they habitually reside, in particular, as it
pertains to the deadline to exercise the right to cancel a purchase,
and, where such right is exercised, to the terms and conditions of
notification of such option and the warranty.
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