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Terms and conditions of sale

CONDITIONS OF SALE

These general conditions of sale (hereinafter only General Conditions) govern the sale of products marketed by runic.io. All contracts concluded to purchase products through the site runic.io and according to the procedures indicated therein, between the seller and the Customer, will be governed by these General Conditions.

ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

The contract stipulated between iMotion Srl and the Customer must be considered concluded with the acceptance, even if only partial, of the order by iMotion Srl, which reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit if the Customer is not informed otherwise by any means. By placing an order in the manner provided, the Customer declares to have read all the information provided during the purchase process and to fully accept the general conditions and payment conditions set forth below. If the Customer is a final consumer (i.e. a natural person who buys the goods for purposes unrelated to their professional activity), once the online purchase procedure is completed, they will print or save an electronic copy received by e-mail and/or keep these general conditions of sale, in compliance with the provisions of Articles 3 and 4 of Legislative Decree No. 185/1999 on distance sales. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance, even partial, of an order and/or delivery delays due to an unforeseen lack of products in stock, as well as problems arising from couriers.

PURCHASING METHODS

The Customer can only purchase the products found in iMotion Srl's electronic catalogue at the time of placing the order and viewable at the address (URL) https://www.runic.io/, as described in the relative information sheets. The technical information included on the site faithfully reproduces that from the manufacturers of goods included in the catalogue. iMotion Srl therefore reserves the right to modify the products' technical information to adapt it to that provided by the manufacturers, without any prior notice. It is to be understood that images accompanying a product description may not be fully representative of its characteristics, and may differ in terms of the colour, size and accessory products shown in the figure. All supporting information for the purchase (Glossary, Guide to the Purchase, etc.) is to be understood as simple generic informative material, not referable to each individual product's real characteristics. Successful receipt of the order is confirmed by iMotion Srl through an e-mail reply, sent to the e-mail address provided by the Customer. This confirmation message will show the Date and Time the order was received and a Customer Order Number to be used in any further correspondence with runic.io. The message recaps all the data entered by the Customer, who undertakes to verify its correctness and provide prompt notification of any corrections, according to the methods described in this document.
If the order is not accepted, iMotion Srl undertakes to notify the Customer promptly. All prices on the site are to be understood as public prices and therefore inclusive of VAT. iMotion Srl reserves the right to change prices at any time, without notice. It is to be understood that changes are not applicable to orders which have already been confirmed.
For certain products, subject to price promotions, iMotion Srl reserves the right to accept orders but with a reduced quantity, upon notice and acceptance by the Customer, failing which the order will be considered cancelled.

CUSTOMER OBLIGATIONS

The customer undertakes, once the purchase procedure has been completed, to print and/or keep these general conditions. It is strictly forbidden for the purchaser to enter false and/or invented and/or fictitious data in the registration procedure necessary to activate the process of executing this sale agreement and related further communications; the personal data and e-mail address must only be their own real personal data and not that of third persons.

PAYMENT METHODS

Bank transfer: Following the order, the automatic confirmation system will send the data necessary to make the transfer to your e-mail address. We ask you to provide us with the payment slip by e-mail, so we can monitor the transaction and speed up the procedures.

Credit card: The transaction will be managed and finalised with latest-generation Verified by Visa secure servers, among the most secure in the world. Your card information will be used exclusively for the order transaction and by entirely telematic means; in no case will the information be visible.

TRANSACTION SECURITY

Online credit card transactions are performed directly on the Bank's website, through a Secure Server that adopts the SSL (Secure Socket Layer) protection system. This protocol, Verisign-certified, allows communication in a way designed to prevent interception, modification or falsification of information. iMotion Srl does not gain knowledge of the details of Credit Cards used by its customers.

DELIVERY METHODS

iMotion Srl delivers by means of accredited express couriers. Shipping costs are free throughout Italy and are included in the price of the products purchased. The Customer pays for the goods using the method chosen when ordering. The goods travel in packaging made directly by the manufacturer or in suitably sealed cardboard boxes. The delivery times for ordered goods are purely indicative and may undergo variations due to force majeure, general traffic and road conditions or Authority actions.

Standard delivery, unless otherwise agreed in writing between the parties, will take place at the following times: from 9.00 am to 1.00 pm and from 2:00 pm to 6:00 pm, every day, except holidays, from Monday to Friday. No responsibility can be attributed to iMotion Srl for delays in fulfilling orders or delivering ordered goods. When the courier delivers the goods, the Customer is required to check: that the number of packages delivered corresponds to that indicated in the waybill; that the packaging is intact, neither damaged nor wet, and in any case not altered. Any external damage or mismatch in the number of packages must be reported immediately to the courier making the delivery, using the wording WITH RESERVE on the courier bill.

RIGHT OF WITHDRAWAL

Pursuant to Article 64 et seq. of Legislative Decree No. 206/2005, if the Customer is a consumer (i.e. a natural person who buys the goods for purposes unrelated to their professional activity, or makes a purchase without indicating a VAT number on the order form), they are entitled to withdraw from the purchase contract for any reason, without penalty. To exercise this right, the Customer must send a request by registered letter with acknowledgement of receipt within 14 days of receiving the goods, to iMotion Srl - Via Quasimodo, 44 - 40013 Castel Maggiore (BO), at the same time sending an e-mail which includes a brief reason for requesting withdrawal and indicating their bank details. Once the registered letter has been received, iMotion Srl will send the Customer the authorisation number, which must be affixed to the outside of the packaging where the product will be physically placed and sent to iMotion Srl - Via Quasimodo, 44 - 40013 Castel Maggiore (BO) within 10 working days after authorisation.

The right of withdrawal is subject to the following mandatory conditions: the right applies to the purchased product in its entirety; it is not possible to exercise withdrawal only for part of the purchased product, e.g. accessories, software, attachments, etc.; the right does not apply to audiovisual products or sealed computer software (including that attached to hardware) once opened; the purchased goods must be intact and returned in their original packaging, complete with all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.); the right of withdrawal is intended for returning a product that has only been opened and viewed, cannot be considered new and therefore redirected for sale, a product that is used, dirty, etc.; to limit damage to the original packaging, it is recommended to put it in a second box and affix the RMA number (return authorisation code) issued; avoid in all cases attaching labels or adhesive tapes directly onto the original product packaging; goods subject to exercise of the right of withdrawal must be returned as received, therefore products will not be accepted if they have clearly been used or show small signs of damage, dirt and consequently can no longer be considered intact and subsequently put back on sale; goods subject to exercise of the right of withdrawal must bear the same serial number as on the sales invoice - if the goods show a serial number different from that indicated on the invoice, the return will not be accepted and the product will be made available to the Customer for its return, simultaneously cancelling the request for withdrawal; shipping costs for returning the goods are charged to the customer; until the certificate of receipt in our warehouse, the shipment is under the complete responsibility of the customer; in the event of damage to the goods during transport, iMotion Srl will inform the Customer of the incident (within 5 working days from receiving the goods in its warehouses), to allow them to file a timely complaint against the courier they chose and obtain repayment of the goods' value (if insured); in this case, the product will be made available to the Customer for its return, simultaneously cancelling the request for withdrawal. iMotion Srl is not responsible in any way for damage or theft/loss of goods returned by uninsured shipping;

Without prejudice to any repair costs for damage to the original packaging, iMotion Srl will reimburse the customer for the amount already paid for the product, net of shipping costs, in the shortest possible time and in any case within 30 days from the date of receiving notice of withdrawal, upon receipt of the goods subject to withdrawal, by transfer of the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details through which to obtain reimbursement (Current Account IBAN for the account holder named on the invoice).

The right of withdrawal is lost if the essential condition of the goods' integrity (packaging and/or contents) is not fulfilled, in cases where iMotion Srl ascertains: failure to affix the authorisation form on the external packaging of the package sent; lack of external and/or internal packaging; absence of integral elements of the product (accessories, cables, manuals, parts, etc.) or anomalies in the product itself; damage to the product for reasons other than transportation; the product being in a state of dirtiness due to use, which has compromised its integrity. The costs and risks of transport for the return are fully borne by the Customer. Returned products that are damaged, deteriorated or lacking in accessories and original equipment will not be accepted and will be returned to the sender with increased transport costs. If the right of withdrawal has been forfeited, iMotion Srl will return the purchased goods to the sender, charging them for the shipping costs.

GUARANTEES

Products purchased by a Professional Customer (i.e. a natural or legal person acting in the exercise of their business, commercial, craft or professional activity, or their intermediary) are covered by the warranty for defects pursuant to Article 1490 et seq. of the Civil Code; the Professional Customer's action aimed at asserting the warranty for defects is prescribed for 1 (one) year from delivery of the purchased product and the relative defects must be reported in the terms of Article 1495 of the Civil Code.

Products purchased by a Consumer Customer, on the other hand, benefit - free of charge - from the legal guarantee of conformity ("Legal Guarantee") provided for in Articles 128 et seq. of the Consumer Code. The seller's Legal Guarantee applies for any lack of conformity that occurs within 24 months from the product's date of delivery and is reported by the consumer within 2 months of the date the defects are discovered, in accordance with Article 132 of the Consumer Code.

It is specified that a lack of conformity exists when one of the following situations occurs: (i) the product is not suitable for the use it should normally serve;
(ii) it does not conform to the description or does not possess the qualities promised by the seller;
(iii) it does not offer the usual qualities and performance of goods of the same type;
(iv) it is not suitable for the particular use desired by the consumer if brought to the seller's attention at the time of purchase and accepted by the seller.

The Consumer Customer will in any case continue to have the rights deriving from the Legal Guarantee described above, regardless of subscription to other conventional, free or paid guarantees. If there is a lack of conformity, the Consumer Customer may request their choice of repair or replacement of the product, unless the requested remedy is objectively impossible or excessively expensive compared with the other, in accordance with the provisions of Article 130 paragraph 4 of the Consumer Code.

In particular, a remedy is to be considered excessively onerous if it imposes unreasonable expenses on the seller compared with the other option, taking into account: (i) the value the goods would have if there was no lack of conformity;
(ii) the extent of the lack of conformity;
(iii) the possibility that the alternative remedy may be performed without significant inconvenience to the Consumer Customer.

iMotion, in order to provide a high-quality and absolutely transparent after-sales service, voluntarily undertakes to have the defective product repaired or replaced within 40 (forty) days from the request for warranty support. Alternatively, the Consumer Customer may request their choice between a reasonable price reduction or termination of the contract, where one of the following situations occurs: (i) repair or replacement is impossible or excessively expensive;
(ii) iMotion has not repaired or replaced the Product within the term of 40 (forty) days;
(iii) the replacement or repair previously carried out has caused considerable inconvenience. A minor lack of conformity for which it is not possible or excessively burdensome to fulfil the remedies of repair or replacement does not entail the right to terminate the contract.

After iMotion Srl has received the complaint of lack of conformity, it can offer the Consumer Customer any other remedies available, with the following effects: (i) if the Consumer Customer has already requested a specific remedy, iMotion will be obliged to implement it, with the necessary consequences with respect to the 40 (forty) days referred to above, unless the Consumer Customer accepts the alternative remedy proposed;
(ii) if the Consumer Customer has not already requested a specific remedy, they may accept the proposal or reject it and choose another of the remedies provided for by law.

SUPPORT

iMotion Srl is only obliged to provide support for products with a lack of conformity and therefore to handle requests for support under warranty, the customer may request the return of the goods under warranty via the technical support chat found on each page of the site and portal, providing a detailed description of the defect found when using the product in the space provided. The support ticket will be sent to the competent department, which will deal with it as quickly as possible. The personnel in charge of the procedure will reply by e-mail, explaining possible solutions or tests to apply to the product, to establish the defect and issue appropriate instructions, including the authorisation number (RMA) with which the product will be authorised upon return, only once authorisation has been obtained.

COMPLAINTS

Upon receiving products, the customer is strictly required to check their status and conformity. All related claims, including products' conformity and integrity, must be communicated in writing and via e-mail no later than 3 (three) days after receipt.

JURISDICTION AND COMPETENT COURT FOR PROFESSIONAL CUSTOMER DISPUTES

The Contract is governed by Italian law. For any dispute concerning the validity, effectiveness, interpretation or execution of each Contract, or generally concerning navigation on the Site by the Professional Customer or the use of any functionality made available to the Professional Customer through the Site, the Court of Bologna (Italy) shall have exclusive jurisdiction.

JURISDICTION AND COMPETENT COURT FOR CONSUMER CUSTOMER DISPUTES

Any dispute concerning the validity, effectiveness, interpretation or execution of each Contract, or generally concerning navigation on the Site by the Consumer Customer or the use of any functionality made available to the Consumer Customer through the site, shall be subject to a conciliation attempt conducted through the European "Online Dispute Resolution" platform (so-called ODR) available at http://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer can send a complaint concerning a contract concluded online with iMotion Srl and thereby activate the online dispute resolution procedure. The merchant's e-mail address to include in the complaint is runic@runic.io. If the attempt at conciliation fails, the dispute will be devolved to the competent judicial authority of the court of the Consumer Customer's residence or elective domicile. In any case, the Consumer Customer retains the right to refer to the competent judge of their own place of residence or elective domicile, regardless of the outcome of the mediation procedure. This court's jurisdiction is mandatory and cannot in any way be waived.