Terms and conditions of use


1. WARRANTIES
1.1 LIMITED WARRANTY
"Utopen Di Caruso Emanuele" warrants that its products will conform to the specifications. this limited warranty lasts for two (2) years from the date of the sale. "Utopen Di Caruso Emanuele" shall not be liable for any defects that are caused by neglect, misuse or mistreatment by the customer, including improper installation or testing, or for any products that have been altered or modified in any way by a customer. Moreover, "Utopen Di Caruso Emanuele" shall not be liable for any defects that result from customer's design, specifications or instructions for such products. testing and other quality control techniques are used to the extent "Utopen Di Caruso Emanuele" deems necessary.
1.2 EXCLUSIVE REMEDY
if any "Utopen Di Caruso Emanuele" products fail to conform to the warranty set forth above, "Utopen Di Caruso Emanuele" ' sole liability and customer or user's exclusive remedy shall be to have such products replaced. "Utopen Di Caruso Emanuele" ' liability shall be limited to products that are determined by "Utopen Di Caruso Emanuele" not to conform to such warranty. If "Utopen Di Caruso Emanuele" elects to replace such products, "Utopen Di Caruso Emanuele" shall have a reasonable time to deliver replacements. replaced products shall be warranted for a new limited warranty period. To get replacements contact "Utopen Di Caruso Emanuele" directly.
1.3 DISCLAIMER OF WARRANTIES
except for the above limited warranty, "Utopen Di Caruso Emanuele" and/or its respective manufacturers and distributors to the maximum extent permitted by law make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on its web site for any purpose. except for the above limited warranty, all such information, software, products, services and related graphics are provided "as is" "with all faults," and without warranty of any kind, whether express, contractual, or statutory. except for the above limited warranty, "Utopen Di Caruso Emanuele" and/or its respective manufacturers and distributors hereby disclaim to the maximum extent permitted by law all warranties and conditions with regard to proposal, specification, sample, information, software, products, services and related graphics, including, but not limited, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, lack of virus, accuracy or completeness of response, quiet enjoyment, quiet possession, correspondence to description and liability for infringement of any proprietary rights, relating to use of information in any documents and files and software and no license, express or implied, by "Utopen Di Caruso Emanuele", to any intellectual property rights is granted herein. "Utopen Di Caruso Emanuele" assumes no responsibility or liability for any errors or inaccuracies that may appear in any documentation or files or any software that may be provided. the information in any documents or files is furnished for informational use only, is subject to change without notice, and should not be construed as a commitment by "Utopen Di Caruso Emanuele" , manufacturers and distributors. the entire risk arising out of use or performance of the product and any support services remains with you. the above limitations may not apply to you. however any warranty, whether express, contractual, or statutory, imposed by applicable law shall be limited to two (2) years from the date of sale.
1.4 LIMITED SUPPORT SERVICES
customer agrees that prior to using any systems that include "Utopen Di Caruso Emanuele" products, customer will test such systems and the functionality of the products as used in such systems. "Utopen Di Caruso Emanuele" may provide limited technical, applications or design advice, quality characterization, reliability data or other services. customer acknowledges and agrees that providing these limited services shall not expand or otherwise alter "Utopen Di Caruso Emanuele"' limited warranties, as set forth above, and no additional obligations or liabilities shall arise from "Utopen Di Caruso Emanuele" providing such services.
1.5 UNAUTHORIZED USE
"Utopen Di Caruso Emanuele" products are not authorized for use in safety-critical applications where a failure of the "Utopen Di Caruso Emanuele" product would reasonably be expected to cause severe personal injury or death. safety-critical applications include, without limitation, life support devices and systems, equipment or systems for the operation of nuclear facilities and weapons systems. "Utopen Di Caruso Emanuele" products are neither designed nor intended for use in military or aerospace applications or environments and for automotive applications or environment. customer acknowledges and agrees that any such use of "Utopen Di Caruso Emanuele" products which is solely at the customer's risk, and that customer is solely responsible for compliance with all legal and regulatory requirements in connection with such use.
1.6 COMPLIANCE WITH LAWS
customer acknowledges and agrees that it is solely responsible for compliance with all legal, regulatory and safety-related requirements concerning its products and any use of "Utopen Di Caruso Emanuele" products in customer's applications, notwithstanding any applications-related information or limited support that may be provided by "Utopen Di Caruso Emanuele".
2. INDEMNIFICATION
the customer acknowledges and agrees to defend, indemnify and hold harmless "Utopen Di Caruso Emanuele" and its manufacturers and distributors from and against any and all third-party losses, damages, liabilities and expenses it incurs to the extent directly caused by: (i) an actual breach by a customer of the representation and warranties made under this terms and conditions or (ii) the gross negligence or willful misconduct of the customer.
3. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES
to the maximum extent permitted by applicable law, in no event shall "Utopen Di Caruso Emanuele" or its manufacturers and distributors be liable to the customer or any third parties for any special, collateral, indirect, punitive, incidental, consequential or exemplary damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the products or the support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of the agreement, regardless of whether "Utopen Di Caruso Emanuele" has been advised of the possibility of such damages. this section will survive the termination of the warranty period.
4. LIMITATION OF LIABILITY AND REMEDIES
not withstanding any damages and expenses, including attorney's fees, that the user might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability for any claim of "Utopen Di Caruso Emanuele" and any of its manufacturers and distributors, directors, officers and employees, whether in contract, tort, or any other theory of liability, arising out of or in any way related to the delivery of the product, use of or inability to use the products or the limited support services, or the provision of or failure to provide limited support services, or otherwise under or in connection with any provision of the agreement, shall be limited to the exclusive remedy for all of the foregoing consisting of replacement of the product or the greater of the amount actually paid by the user for the products or 5 € (euro). The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
5. CHANGES TO SPECIFICATIONS
"Utopen Di Caruso Emanuele" may make changes to specifications and product descriptions at any time, without notice. the customer must not rely on the absence or characteristics of any features or instructions marked "reserved" or "undefined". "Utopen Di Caruso Emanuele" reserves these for future definition and shall have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them. the product information on the web site or materials is subject to change without notice. do not finalize a design with this information.
6. RIGHT OF WITHDRAWAL / RETURN WITHIN 10 DAYS
6.1
After receipt by the customer of the goods ordered by him, the customer has the right to rescind this terms and conditions of use within ten (10) days after receipt of the goods. The customer is not obliged to give any reason.
6.2
The right of the customer referred to in paragraph 6.1 applies to all goods sold on this web site, excepts all digital products that have been downloaded, all goods that have been produced according to the specification of the customer and all goods that are clearly customized. If the customer rescinds these terms and conditions on the basis of the provisions of paragraph 6.1, he will have the right to be refunded of the cost paid for buying the product that is being returned. In case the customer buys as a consumer and rescinds from these terms and conditions on the basis of the provisions of paragraph 6.1, shipping costs for the delivery of the goods to the customer will be refunded as well. In case the customer buys as a business and rescinds from these terms and conditions on the basis of the provisions of paragraph 6.1, shipping costs for the delivery of the goods to the customer will not be refunded. In any case, for goods delivered outside of Italy, the customer can only get a refund for the standard shipping costs, and is hence excluded the refund of the difference with non-standard shipping costs. To rescind from this terms and conditions on the basis of the provisions of paragraph 6.1, the customer must either use the corresponding function in the Orders section of his account on this website or let us know with an email to info@utopen.com; at the same time, the customer must also ship the product back to "Utopen Di Caruso Emanuele" according to the instructions the will be sent to him by email; all this must happen according to the terms specified in paragraph 6.1, within ten (10) days after receipt of the goods. "Utopen Di Caruso Emanuele" is not responsible for any shipping charges of merchandise being returned to us or returning working items to you. "Utopen Di Caruso Emanuele" will start the refunding process within 30 days from the day the customer rescinded these terms and conditions on the basis of the provisions of paragraph 6.1 or from the day of the receipt of the goods by "Utopen Di Caruso Emanuele". "Utopen Di Caruso Emanuele" reserves the right to refuse any goods returned or sent back, or to repay only part of the amounts already paid in case it is assumed that the goods have already been damaged by the fault of the customer. All the rights in 6.1 and 6.2 only apply to products sold by "Utopen Di Caruso Emanuele" at utopen.com, with the limitations detailed above.
7. PRIVACY POLICY
Click here for the complete privacy policy.
"Utopen Di Caruso Emanuele" collects the following data from its customers:
- name and contact information including email address and telephone number
- purchased items
- shipping option
- IP address
- header and cookie data
- usage statistics
Your personal data is electronically collected, processed and stored by "Utopen Di Caruso Emanuele", according to Dlgs 196/2003, as needed for:
- order completion and shipping
- book keeping and accounting
- contacting you if there is any issue with an order or shipping
- contacting you if you subscribed to our newsletter or to any notification service in order to perform the requested service
Your personal data will not be published and it will not be given to third parties, unless required to do so by law. We do our best to keep your information secure.
You can at any time make use of the rights listed in art. 7 of Dlgs 197/2003. By using this website, you agree with the conditions detailed above.
8. SHIPPING METHODS
Shipping is carried by Posteitaliane.
"Utopen Di Caruso Emanuele" cannot be held responsible for the Carriers late deliveries.
9. INTERNATIONAL SHIPPING, TAXES AND CUSTOMS
For all international shipments, any duties and taxes are responsibility of the customer.
"Utopen Di Caruso Emanuele" is not responsible for any extra charge once the package has been shipped, and if the customer refuses to pay these duties and taxes, the return shipping and any extra charge will be taken out of the cost of the order, with the remaining funds, if any, being refunded to the customer. In case the return shipping is higher than the order value, "Utopen Di Caruso Emanuele" may order the destruction of the shipment to the courier and no refund will be made to the customer.
10. ORDER PROCESSING
Orders are accepted the same day they are placed, and they are processed in the next 5 working days, unless otherwise specified.
11. PAYMENT
"Utopen Di Caruso Emanuele" is accepting Paypal as payment for orders. Due to potential fraud and misuse, we may decide not to ship an order, or request additional verification information for Paypal payments. Payments through Paypal are always charged at the time of order.
For school, organisations or businesses requiring a purchase order please contact us.
12. MINIMUM AGE 18 YEAR
"Utopen Di Caruso Emanuele" only sells to customers that are at least 18 years of age.
13. PRICES
Unless otherwise specified, displayed prices do not include VAT.

Copyright notice:

These "Terms and conditions of use" are a derivative of "Conditions of Use" by Arduino, used under Creative Commons Attribution ShareAlike 3.0. These "Terms and conditions of use" are licensed under Creative Commons Attribution ShareAlike 3.0 by Utopen.