Terms & Conditions

Art. 1 – Scope
1.1 These Sales Conditions refer to the online purchase of products from the website www.xmetrics.it owned
by the company XMetrics® S.r.l. (hereinafter XMetrics®) with registered office in Via Caravaggio n. 3,
20060 Bussero (MI).
1.2 These purchases can be made exclusively by Consumers.
1.3 Each purchase will be regulated by current law provisions on e-commerce and in compliance with the
Consumer Code. As regards the safeguard of the privacy of the personal data entered at the time of
purchase, all personal data will be managed in full compliance with the provisions of Italian Legislative
Decree no. 196 of 30/06/2003.
1.4 XMetrics® reserves the right to modify these sales conditions without notice, without prejudice to the
application of the sales conditions applicable at the time of the purchase.
Art. 2 – Client’s Obligations
2.1 These Sales Conditions must be examined on-line by the Clients visiting www.xmetrics.it, before
confirming their purchase. Sending confirmation of the order therefore implies full knowledge and
acceptance of the conditions.
Art. 3 – Acceptance of the sales conditions
3.1 The Client, sending the purchase order electronically, unconditionally accepts and pledges, in his/her
relations with XMetrics®, to comply with the general and payment conditions specified below, declaring
to have read and accepted all the indications provided in accordance with the above-stated law provisions,
also acknowledging that XMetrics® is not bound to other conditions unless agreed on in writing.
Art. 4 – Purchase procedure
4.1 www.xmetrics.it is a website, which sells the products marketed by XMetrics®.
4.2 The purchase of products, available as illustrated and described on-line in the descriptive and technical
datasheets, is made by the Client at the price indicated, to be confirmed at the time of transmission of the
order, increased by the shipment costs as specified in the article below (Shipment and Delivery of the
Products) and in any case displayed at the moment of purchase.
4.3 The prices of the service are given in Euros, US Dollars and GBP.
4.4 The sales prices indicated on the website may be modified by XMetrics® at any time and without the
need to give notice.
4.5 The published prices of the products cancel and replace the previous ones and shown prices validity are
subordinated to actual product availability.
4.6 Before confirming the order the Client will be shown a summary of the unitary cost for each product
chosen, the total cost in the case of the purchase of more than one product and the shipment charges. Any
charges for customs duty and local taxes, will not be shown, but will in any case be borne by the
customer pursuant to art. 4.10
4.7 Once the order has been confirmed and transmitted, the Client will receive within 24 hours an email
which represents acceptance of the order and which will contain the following information:
– order confirmation and acceptance;
– order number and date;
– code, description and price of the purchased product/products;
– the total amount of the order placed;
– sales conditions.
4.8 All purchase order transmitted electronically to XMetrics® must be complete. XMetrics® reserves the
right not to accept incomplete or incorrectly formulated orders, subject to communication sent within 48
hours.
4.9 The Client can check and modify his/her personal data any time. Moreover, he/she can consult his/her
contract any time in the order confirmation email.
4.10 Any charges for import duties and local taxes will be borne exclusively by the customer.
Art. 5 – Payments
Payments can be made on www.xmetrics.it using the following methods:
– Credit card
– Paypal
5.1 Credit card – The Client can make the payment using a credit card belonging to the following circuits:
Visa, Visa Electron, Postepay, Prepaid Paypal, American Express, Mastercard. Maestro International
(issued abroad), Carta Si.
The Client’s financial information (credit card number, expiry date, etc.) will be transmitted using
encrypted protocols, according to the “PCIDSS” (payment Card Industry –Data Security standard)
security standard.
The “PCIDSS” security system is a set of rules, directives and organisational techniques having the aim
of maintaining a high level of security of payments made using Credit/Debit Cards issued by the
international circuits. These standards establish which data can be stored and the protection method
including the PAN, the card holder’s name, expiry date, providing that they are protected.
Data such as the authentication and authorization for the transactions such as the code and reading of the
magnetic strip, CVV or CVV2 cannot be stored, nor can method of their protection.
XMetrics® will not use information about the transaction except to complete the procedures related to the
purchase of the goods and to issue refunds in the case of the return of products or cancellation of the
order or whenever it is absolutely necessary.
5.2 Paypal – The Client can make the payment using PayPal through his/her PayPal account.
Art. 6 – Shipment and delivery of the products
6.1 The products purchased will be delivered by XMetrics® through a courier to the address indicated by the
Client.
6.2 The contribution for the shipment charges will be charged to the Client, the details are available at
http://www.xmetrics.it/getxmetrics.
6.3 Approximately, without this entailing any commitment for XMetrics®, the products purchased will be
delivered by courier within 15 working days following the order confirmation.
6.4 The products will be delivered on working days.
6.5 Any special delivery terms and conditions must be agreed on in advance in writing between the Client
and XMetrics®.
6.6 XMetrics® will not be liable for delays in delivery if such delay is due to the absence of the addressee at
the delivery address. Any product storage costs with the shipping company will be the sole responsibility
of the customer.
6.7 The Client must check on receipt that the product is the one actually ordered as follows:
– the number of packages indicated on the waybill corresponds to the number of packages actually
delivered;
– the package is integral, not damaged and in any case compliant with the standard characteristics of an
XMetrics® package.
Art. 7 – Warranties
7.1 The devices purchased from www.Xmetrics.it are supplied with the Manufacturer’s Warranty.
7.2 The Manufacturer’s Warranty covers 24 months following the purchase of the product for consumers
resident in an EU member state. If the consumer is resident in a country outside the European Union, the
duration of the Manufacturer’s Warranty in the consumer’s country of residence will apply.
7.3 The warranty indicated above will apply exclusively for inherent flaws of the product, proven problems
during the normal use of the product and thus when used in accordance with any technical
documentation, observing the various operating instructions indicated therein.
7.4 The inherent flaw must be reported to the manufacturer within and no later than 2 months following its
identification.
7.5 The warranty will be null and void if the device has been opened or tampered with.
7.6 The warranty indicated above will not be applicable in the case of negligence in its use and maintenance.
7.7 The Client must return the product in accordance with the instructions indicated in the specific section of
the website www.xmetrics.it/customersupport, indicating the flaw, in order to allow the customer support
staff to arrange for the repair or substitution of the product under warranty.
Art. 8 – Cancellation right
8.1 The Consumer (and he/she only) is entitled to cancel without incurring in a penalty and without the need
to specify the reason, within a deadline of fourteen days following the date of delivery.
8.2 The cancellation right has to be exercised within this deadline by sending a written communication in
which he/she expresses the intention to exercise the cancellation right.
8.3 This communication must be sent to the registered office of XMetrics® in Bussero (MI), Via Caravaggio
no. 3.
8.4 The communication can be sent, within the same deadline, also by telegram at the address indicated at
point 8.3 and email at info@xmetrics.it. The cancellation communication is considered valid if sent in the
times sent.
8.5 The above-stated communication must indicate the order number and, if the cancellation right regards
only a part of the goods purchased on the site, the products for which the cancellation right is exercised.
8.6 When XMetrics® receives the communication as of points 8.2 and 8.3 the parties are relieved from their
respective obligations deriving from the contract.
8.7 The deadline for the return of the product is fourteen (14) days following communication of the intention
to cancel. The refund has to be made with the same delivery methods, using the same carrier. For the
purpose of the expiry of the deadline, the goods are considered returned on the date on which they are
delivered to the XMetrics®’ carrier.
8.8 The substantial integrity of the goods to the returned is an essential condition when exercising the
cancellation right. The goods shall include, in addition to the product (device and its silicone band), also
headphones, usb cable and carton box. In any case, it is sufficient that the product be returned in a normal
state of conservation as it has been stored and possibly used with due care and diligence.
8.9 The direct costs of the return of the goods are charged to the Consumer and will be the only costs due by
the Consumer in the exercise of the cancellation right.
8.10 XMetrics® will refund the amounts paid by the Consumer as rapidly as possible and in any case
no later than 14 days following the date on which XMetrics® becomes aware of the Consumer’s exercise
of the cancellation right. XMetrics® is entitled to wait for the goods to be returned or proof of shipment
of same before refunding the Client. XMetrics®, before making a refund, will wait to receive the goods
and verify the conformity between what has been sent and what was received by the Customer.
8.11 The refund will be made using the same mans of payment used by the Client for the purchase of
the product.
8.12 Clients who purchase personalised products with their initials on the device cannot exercise the
cancellation right in accordance with article 59, paragraph 1, point c) of the Consumer Code.
Art. 9 – Privacy
9.1 In accordance with Italian Legislative Decree no. 196 of 30/06/2003, the Client expressly authorises
XMetrics® to gather, use, communicate and/or disclose his/her personal data, as provided when filling in
the on-line forms for purposes useful for or related to the management of the relationship with the Client
and for purposes related to the obligations set forth in applicable law provisions.
9.2 The Client declares that he/she is aware that, if during he/she expressly gives his/her consent on
registration, the data provided will be used for promotional purposes.
9.3 The data provided for the above-mentioned purposes will be processed using automated and nonautomated means, yet always in accordance with rules governing privacy and security set forth by law.
9.4 The person in question expressly holds the rights as of article 7 of Italian Legislative Decree no. 196 of
30/06/2003 which can be consulted at any time on the “Privacy” page of the www.Xmetrics.it website,
which can be accessed from any page of the website. More precisely, the rights of the data subject are: to
obtain confirmation as to whether or not personal data concerning him exist; the source of the personal
data; the logic applied to the processing; updating, rectification or, where interested therein, integration of
the data; erasure, anonymization or blocking of data that have been processed unlawfully; to object on
legitimate grounds, to the processing of personal data concerning him/her or in the case of use of data for
the transmission of publicity material, commercial information, market surveys, direct sales and
interactive commercial communication, without prejudice to the fact that the communications must be
sent to the registered office of the company or to the email address privacy@xmetrics.it.
Art. 10 – Information and complaints
10.1 Please contact XMetrics® at info@xmetrics.it for any clarifications you may need or any
complaints you intend to make.
Art. 11 – Applicable law and ruling court
11.1 This contract is governed by the laws of Italy.
11.2 For any dispute regarding the validity, interpretation or performance of same contract, territorial
jurisdiction will be than of the place of residence or domicile of the Consumer, as set forth in the
Consumer Code.
Art. 12 – ODR – Online Dispute Resolution
12.1 In the event of any disputes arising under or relating to this agreement, the consumer has the
right to apply to the ODR (Online Dispute Resolution) platform to resolve the dispute pursuant to
Directive 2013/11/EU and art. 14 Regulation (EU) No. 524/2013.
12.2 You can access the ODR (Online Dispute Resolution) platform using the following
link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

THE INITIATIVE
Promotion: “60 days Satisfied or money back guaranteed!”
Promotion Details: XMetrics invites you to this special promotion “60 days Satisfied or money back guaranteed” to make you trying the quality of its activity tracker able to monitor and improve swimming performance.
Validity period: from 6th September 2016 until 31th December 2016, about purchases made from 6th September 2016 until 31th December 2016.
Validity area: no territorial limitations for the initiative. The initiative is valid for both online as well as in store purchases.
Products included in the initiative: the entire XMetrics range (XMetrics PRO and XMetrics FIT).
Warranty: who purchase one (or more) of the XMetrics device listed in the previous point – between 6th, September 2016 and 31th December 2016 – if not satisfied can ask for money reimbursement by returning the purchased product within 60 (sixty) days together with the original receipt (invoice date release).
How to make the request for reimbursement: for all the purchase made from 6th of September 2016 to 31th December 2016, who is unsatisfied about the purchase can ask for reimbursement, within following 60 days proven by either the date of the recipe or the invoice in case of online purchases (Article. 133 of D.l.g.s. 206/05) as follows:
1) Online purchase: shipping, by the above indicated timing of 60 days (taking in consideration the shipping date)
2) Point of sales: purchased device must be returned to the same point of sales where it has been originally bought (together with the recipe / invoice); it will be point of sales responsibility to inform XMetrics about the product return.

  • Purchased device, perfectly entire (including accessories) and working; if not working not because of final consumer, complete of original box *;
  • Original recipe or invoice in case of online purchase;
  • Personal data and address;
  • Copy of ID card (or valid passport);
  • Reason for return;
  • In case of online purchase, Bank account (C/C IBAN), this is the only reimbursement admitted

To write this information you can use the below model (attachment A) and send it to: “60 days Satisfied or money back guaranteed!” c/o XMetrics – Via Val Trompia 45/A 20157 Milano – Italy
*Except for specific derogation indicated in this document, remains valid “Codice del consumo” and “Codice civile”. The “60 days Satisfied or money back guaranteed!” warranty is valid for all the devices bought from 09/06/2016 to 31th December 2016 and the paid amount is comprehensive of the only paid price, in any case not superior to the list price recommended by XMetrics, as indicated in the attachment B of this document.
The reimbursement will happen by 90 (ninth) days starting from the date once XMetrics will receive the request and only after all the needed checks have been done.
The reimbursement will be considered invalid if it will take place one or more of the following:

  • The device is not working because of reason directly imputable to final consumer or in case the device will appear either tampered or externally damaged;
  • Consumer data who requires for reimbursement are not clear;
  • If consumer does not attached ID card copy (or passport);
  • In case of online purchase, if the Bank Account (C/C IBAN) is not indicated (this is the only modality which will be used for reimbursement);
  • If the recipe or invoice is missing (only the original are admitted); in case of multiple purchase on top of XMetrics device, the original invoice it will be returned;
  • If the date of purchase on the invoice is not between the 09/06/2016 and the 12/31/2016;
  • If the device together with the recipe/invoice will not be sent by 60 (sixty) days from the purchase date

Some specification:

  • The shopper who sent a request for reimbursement not compliant to what is stated in this regulation, will receive a response letter (within 90 days, starting from the date when XMetrics got the request) including the reasons for refusing the refund.
  • Shipping and insurance (if any) costs will be at customer’s charge;

Fof further information please contact +39 02 45481944 or www.xmetrics.it
XMetrics S.r.l., will manage personal information, both electronic and papery, for activities linked to this “60 days Satisfied or money back guaranteed!” initiative

These data will not be released to third parties and will be treated in accordance with current legislation.
Within the limits provided by law (art. 130 D.lgs. 196/03) the purchaser’s data may also be used for the purpose of promotions, market research, economic analysis / statistics, programs to prizes, surveys of customer satisfaction.
All the rights art. 7 D.lgs 196/03 (such as but not limited to, the right to know the data concerning the purchaser, the right to request cancellation, the block of data or oppose their processing for legitimate reasons) they may be exercised by writing to the data controller: Xmetrics S.r.l. Via Caravaggio, 3 20060 Bussero – Italy. The information privacy is available on the website www.xmetrics.it

FORM TO REQUEST REFUND

To obtain a refund
For online purchases : send this form fully completed to: ” Try it 60 days. Not satisfied ? We cover ! ” c / o XMetrics , Via Val Trompia 45 / A 20157 Milano

Must be attached:
ATTACHMENT A
In case of on line purchase
1. The original recipe (or invoice) of promoted product;
2. The device perfectly working; if not working, in this case not for reason not directly attributable to the shopper; in both case shopper must send the full packaging (including accessories);
3. Copy of the ID card or any other valid document

Name: _____________________ Surname:______________________ , Tax code (C.F.) _________________ Address: ____________________________ City: _______________________ Region: ______ Post code: ________ Phone number: ___________________________ ID card N°:________________
Reason for unsatisfaction: ________________________________________________________________________________ _______________________________________________________________________
Bank code (IBAN and CCB) which to make the reimbursement (this is the only payment method) _______________________________________________________________________

In case of in shop purchase: the form together with the product must be returned to the same shop which the purchase was made by full completing attached form
1. the original recipe (or invoice) of promoted product;
2. The device perfectly working; if not working, in this case not for reason not directly attributable to the shopper; in both case shopper must send the full packaging (including accessories);
3. ID card copy.

Name: _____________________ Surname:____________________ ,
Tax code (C.F.) _________________ Address: ____________________________
City: _______________________ Region: ______ Post code: ________
Phone number: ___________________________ ID card N°:________________
Reason for unsatisfaction: ________________________________________________________________________________ _______________________________________________________________________

It is possible download this form directly from www.xmetrics.it

ATTACHMENT B: XMetrics recommended price

Model Recommended price € Recommended price $ Recommended price £
XMetrics PRO 299,99 299,99 219,99
XMetrics FIT 199,99 199,99 149,99