Terms and Conditions - Whisper

Terms and Condition of www.whisper-system.net

This document contains the general terms and conditions on the basis of which users are offered the use of the www.whisper-system.net website that offers the online sale of two-way and one-way communication systems for sport and tourism, composed of radio receivers and related accessories..

1. Definitions
To allow a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the following meaning:

Owner: JLT Italia Srl, with registered offices on Via Giovanni Battista Gisleni 25, VAT number / Tax Code 14217491001, REA RM1505734, share capital fully paid in € 20.000,00, PEC address jltitalia@pec.it
Application: e-commerce from website: www.whisper-system.net
Products: the products and services provided to the user by the Owner
User: Any subject who accesses and uses the Application
Consumer User: the natural person of legal age who concludes a contract (and is eventually carried out) for purposes unrelated to his business, commercial, craft or professional activity
Non-Consumer User: the natural person of legal age or legal entity who concludes a contract for the performance or for the needs of their business, commercial, craft or professional activity
Conditions: this contract governing the relationship between the Owner and Users and the sale or supply of the Products offered by the Owner through the Application.
Content: any textual or multimedia element on the Application, such as reviews, documents, images, etc.

2. Detailed information about the Application offerings
The Application provides users with the possibility to purchase CE-certified one-way and two-way broadcasting and receiving radios, operating on short-range radio frequencies, including accessories such earphones, microphones, charging systems, transport bags, covers and radio spare parts..

3. Scope of the Conditions
Your use of the Application involves your acceptance of the Terms. If you do not intend to accept the Terms and/or any other note, legal notice, information published or recalled therein, you may not use the Application or its services.
These Conditions can be changed at any time.
The applicable Terms are those in effect on the date of of the purchase order or request for the supply of a Product.
Before using the Application, you are required to read the Terms carefully and save or print them for future consultation.
The Owner reserves the right to make changes at his own discretion, at any time even after the User’s registration, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the related instructions.

4. Purchase or request for supply through the Application
All products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, supply times, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the Actual Product. In addition, any images of the Products are only representative and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products through the Application are permitted to both Consumer Users and non-Consumer Users.
Physical persons are only allowed to purchase and/or request orders if they are of legal age. For minors, any purchase and/or request for the order of Products through the Application must be screened and authorized by parents or operators of parental responsibility.
The offer of the Products through the Application constitutes an invitation of an offer and the order sent by the User will be valid as a contractual proposal for purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at his own unquestionable judgment, the right to accept or not accept the User’s order without the latter being able to object or demand anything in any capacity and/or reason.
The contract for the sale or supply of the Products is intended to be concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the user’s contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by displaying a web order confirmation page, which will show the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculation of the price, any additional charges and ancillary taxes , the delivery and execution times, the procedures for exercising the right of withdrawal or its possible exclusion and guarantee.
The contract for the sale or supply of the Products shall not be considered effective between the parties in the absence of the above point.
In the event that the Product is not available, the Owner will make known to the User the new terms of delivery or supply, asking whether he intends to confirm the order or not. It is understood that the contract will be considered modified in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions.

5. Registration
In order to take advantage of the features of the Application, Users do not need to register on the Application. By providing personal information that is correct and complete, when filling out the relevant registration form and accepting the privacy policy in full (https://www. whisper-system.net/en/privacy-policy/) and the Terms, users will be able to purchase the products without release.  You cannot create multiple accounts that match the same subject. In the event of a breach, the Owner reserves the right to suspend or close your account at any time and without notice.
You are responsible for keeping your login credentials that must be used exclusively by you and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to inform the Owner immediately in the event that he suspects or becomes aware of undue use or undue disclosure of the same.
The User guarantees that the personal information provided during the registration procedure is complete and correct and undertakes to keep the Owner not liable from any damage, obligation to compensate and/or sanction deriving from and/or in any way related to the violation by the User of the rules of registration to the Application or on the retention of registration credentials.

6. Account cancellation and termination
You may stop using the Application at any time and deactivate your account or request its deletion through the Interface of the Application, if possible, or by sending a written communication to the email address info@whisper-system.com.
In the event of a violation by you of the applicable Terms or legal provisions, the Owner reserves the right to suspend or close your account at any time and without notice.

7. Prices and payments
For each Product, the price and VAT are indicated, if due. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
In addition, any and all additional taxes and fees will be indicated. If these additional fees cannot reasonably be calculated in advance, there will be an indication of which charges will be charged to you.
The Owner reserves the right to change, at any time, the price of the Products and any additional fees. It is understood that any price changes will in no case affect contracts already concluded prior to the amendment.
The User accepts to pay the price of the Product in the times and methods indicated in the Application and to communicate any necessary data that may be required.
The Application uses third-party tools for processing payments and does not come into contact in any way with the payment data provided (credit card number, name of the card holder, password, etc.).
Should these third-party instruments refuse payment authorization, the Owner cannot provide the Products and cannot be held responsible in any way.

8. Billing
The User who wishes to receive an invoice will be asked for billing data before payment. For the issuance of an invoice data provided by the User must be correct and complete and User declares and guarantees all of it to be correct and complete, releasing the responsibility from the Owner responsibility in this regard.

9. How digital products and services are provided
The Owner will provide the Products to the User, with the methods and in the deadline indicated on the Application and reported in the order confirmation.
In the event that it is not possible to provide the Requested Products within this period, prompt notice will be sent by e-mail to the User, with an indication of when it is expected to be able to provide them or of the reasons that make the supply impossible.
If the User does not intend to accept the new term or the supply has become impossible, he may request a refund of what will be credited promptly in the same payment methods used by the User for the purchase no later than 14 days from the date on which the Owner became aware of the refund request.

10. Right of withdrawal of users from the purchase of Products
The Consumer and non-Consumer User who for any reason is not satisfied with the Products included in the subscription has the right to withdraw without any penalty within the 14-day period from the date of purchase of the subscription, by sending a written communication to the e-mail address info@whisper-system.com

In case of withdrawal exercised correctly, the Owner will reimburse the User for the cost of Product in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User has announced that he withdraws from the contract.

11. Optional form to exercise the right of withdrawal
The User may withdraw using the following form that must be completed in all its part and sent to the e-mail address info@whisper-system.com before the expiration of the withdrawal period:
Hereily, I communicate my withdrawal from the following product: ____________________ purchased on: __________Name and Surname/Company Name: ____________________Address/Location: ____________________E-mail associated with the account for purchase:____________________Data: __________

12. Industrial and Intellectual Property Rights
The Owner declares that he/she owns and/or licensees all intellectual property rights relating to and/or relating to the Application and/or content available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, content related to the Application are and remain the owner of the Owner or his licensees and are protected by the laws in force on the trademarks and related international treaties.
The Terms do not grant you any license to use the Application and/or individual content and/or materials available therein, unless otherwise governed.
Any reproductions in any form of the explanatory texts and contents of the Application, if not authorized, will be considered violations of the Intellectual and Industrial Property Right of the Owner.

13. Exclusion of the guarantee
The Application is provided “as is” and “as it is available” and the Owner does not provide any explicit or implicit warranty in relation to the Application, nor does it provide any guarantee that the Application will be able to meet the needs of Users or that it will never have interruptions or will be free of errors or that it will be free of viruses or bugs.
With regard to the generation of documents, it is carried out independently by the User, who remains the only one responsible for verifying the compliance of the document and the clauses contained therein in its activity, the legal rules, regulations and local uses in force. Any explanatory texts provided at the progressive guided compilation documents and the answers to users’ questions communicated through the Application chat have the sole purpose of facilitating the use of the Application and the understanding of the Products. They are therefore not exhaustive and may not fit the specific case of the User. Under no circumstances do they replace a legal opinion or the assistance or advice of a professional.
In relation to consulting services for maintenance and implementation of the Application, they are provided by independent freelancers who apply conditions and rates that they deem appropriate. Therefore, the relationships between professionals and Users do not imply any responsibility of the Owner for the professional services rendered.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the owner’s will or for force majeure events.

14. Limitation of Liability
The Owner cannot be held responsible to the User, except in the case of malicious misconduct or gross negligence, for disruptions or malfunctions related to the use of the internet outside its control or that of its suppliers.
The Owner will also not be liable for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to any full return of the price paid and any ancillary charges incurred.
The Owner assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards, checks and other means of payment, at the time of payment, if he proves that he has taken all possible precautions according to the science and experience of the moment and according to ordinary diligence.
The Owner will not be responsible for:

any loss of business opportunity and any other loss, even indirect, that may be suffered by the User that are not a direct consequence of the violation of the contract by the Owner
incorrect or unsuitable use of the Application by Users or third parties
the issuance of incorrect documents or tax data due to errors related to the data provided by the User, the latter being solely responsible for the correct entry.

Under no circumstances may the Owner be held liable for a sum greater than twice the cost paid by the User.

15. Force majeure
The Owner may not be held responsible for the failure or delayed fulfillment of his obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of his will.
The performance of the obligations by the Owner will be suspended for the period in which force majeure events occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

16. Link to third-party sites
The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

17. Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on https://website. whisper-system.net/en/privacy-policy/

18. Applicable law and competent court
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be provided to at the local court where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to bring proceedings before a judge other than that of the “consumer’s courts” pursuant to art. 66a of the Consumer Code, competent for the territory according to one of the criteria referred to in Art. 18, 19 and 20 of the Civil Procedural Code.
It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of the provisions that may be more favourable and ines demanding provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for the exercise of the right of withdrawal, the modalities and formalities of the communication of the same.
For non-Consumer Users, any dispute relating to the application, execution and interpretation of these Terms will be donated to the forum of the place where the Owner is based.

19. Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe must be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool may be used by the Consumer User to resolve in a non-judicial way any dispute relating to and/or arising from contracts for the sale of goods and the provision of services stipulated on the network. As a result, the Consumer User may use this platform to resolve any dispute arising from the online contract. The platform is available at the following address: https://ec.europa.eu/consumers/odr/

Last modified date: 07/10/2021