T&C

Terms & Conditions

WEBSITE TERMS OF USE AND GENERAL CONDITIONS OF SALE AND USE

Welcome to the site of 2045 Tech Ltd: www.2045Tech.com or www.floome.com (collectively known as the “Website”). This Website is managed by and remains the property of 2045 Tech S.r.l. (also known as “2045Tech”). All contents published and available on the Website remain the exclusive property of 2045Tech. The Website may contain links to third party websites and contents made available by third parties under licence, or other type of agreement. PLEASE READ THE FOLLOWING WEBSITE TERMS OF USE AND GENERAL CONDITIONS OF SALE AND USE CAREFULLY; THEY REGULATE THE RELATIONSHIP BETWEEN 2045TECH AND THE WEBSITE USER AND/OR BUYER AND/OR USER OF ONE OR MORE 2045TECH PRODUCTS. The access to and use of this Website and the purchase of and use of 2045Tech products is governed by the Website Terms of Use and General Conditions of Sale and Use (“Agreement”) and the Privacy Policy. 2045Tech reserves the right to modify this Agreement and the conditions of the services offered without any notice, and the amendments will take effect as of their publication on the Website. By accessing and using this Website and the products of 2045Tech you agree to accept all amendments to the Agreement as of their publication on the Website. It is therefore extremely important to consult this page regularly in order to be updated about all amendments that may be introduced. The use of software applications that interact with 2045 products is governed by specific terms and conditions, which must be accepted by the user before using any 2045Tech products. In this Agreement, users of the Website, customers and users of the application and any other 2045Tech products shall also be referred to as “you”.

  1. Subject matter.

This Agreement regulates the relationship between the Website user and/or customer who purchases a 2045Tech product (also “Client”) from the Website and/or any user of 2045Tech products, and 2045Tech. The Website provides information regarding 2045Tech and its products and allows users to purchase some or all of the products on offer via a platform, which supports payment through various methods.

  1. Obstacles to using the Website.

By using the Website you confirm that there are no obstacles to you using this Website. Should you reside in a Country/State where the Law or any other source of law forbids the use of sites, which contain similar content to that of this Website, you shall not be permitted to use the Website.

  1. Registering to the Website.

If you sign up to create a 2045Tech account, you may cancel your registration by contacting info@2045Tech.it. While registering with the Website, you will be asked to choose a username and e-mail. After providing this information, you will be sent a password in order to access your account. You confirm that the information you provide while registering with the Website is correct, especially information regarding your professional experience, qualifications and ability to enter into agreements is concerned. You are responsible for keeping your password confidential. Information about the correct use of the Website can be found in the Privacy Policy of 2045Tech. 2045Tech shall use your information in accordance with it’s Privacy Policy, available on the Website.

  1. Other information.

2045Tech is not responsible for the accuracy of the data contained on the Website. Despite holding the information on the Website to be true and published in good faith, 2045Tech does not check – for example – the information provided by third parties which could be published on the Website.

  1. Incorrect use.

The use of any device or software fraudulently interfering with, damaging or blocking the correct functioning of the Website or illegally accessing and seizing information or personal data is strictly forbidden.

  1. Suspension and closure of the Website.

2045Tech reserves the right to close the Website, as well as to block access to the entire Website or to part of it without any notice at its sole discretion and it shall not be held liable to pay any indemnification. 2045Tech cannot be held responsible for notification of the suspension, cancellation or blocking of the Website, nor for the consequences deriving from a failure to notify of such events or from failed access to the Website.

  1. Methods of purchase.

You may purchase the products listed on the Website, however orders for products which are marked as unavailable may not be fulfilled. The displayed image of the product associated with the product description may differ in color, size or other aspects from the actual product offered. Correctly entered orders are confirmed by 2045Tech via e-mail, sent to the e-mail address provided by the Client at the time of order.

  1. Methods of payment and delivery times.

The Client may purchase 2045Tech products from the Website, with methods such as credit card and Paypal. Transactions will be managed by third parties, and 2045Tech will not keep an electronic archive of any data from the transaction. Therefore, 2045Tech cannot be held responsible for any fraudulent or unlawful use of credit cards by third parties at the time of payment for products purchased on the Website. Orders are processed from Monday to Friday. Orders received during weekends or on public holidays will be processed on the next business day. 2045Tech generally employs Amazon shipping services, therefore delivery should occur within 10 business days. Delivery could be delayed due to weather conditions, strikes or other events unforeseen by 2045Tech. Please note that delivery to post office boxes is not possible.

  1. Delivery methods and costs.

For each order made on the Website, 2045Tech will issue an invoice for the goods delivered to the addressee of the order by email or mail, at the discretion of 2045Tech. The data provided by the Client at the time of order will be used to issue the invoice and no changes may be made to the invoice once it has been issued. All delivery costs are paid by the Client. The Client or who is acting on her behalf must sign for the parcel upon delivery at the address indicated on the order. After the parcel has been despatched the Client will receive an e-mail with tracking details in order to locate the parcel throughout the delivery process via the selected courier’s website. Upon delivery, the Client must check: i) that the number of packages corresponds to the number indicated on the consignment note; ii) that the packaging is intact, undamaged, dry and unaltered, including all security seals. Should there be any damage to the packaging and/or product or any discrepancy between the number of packages or any information on the invoice or consignment note, the Client or who is acting on her behalf must write down on the courier’s delivery receipt that further inspection is needed. Once the courier’s paperwork has been accepted as is, the Client may no longer complain for the external conditions of the delivered package. 2045Tech shall undertake to deliver the ordered goods within the indicated time periods. Nevertheless, quoted delivery times are approximate and 2045Tech is unable to guarantee that delivery will occur at the estimated time. Should 2045Tech be unable to provide the products by the proposed and agreed upon date, 2045Tech reserves the right to cancel the order and reimburse the Client for any payments that have already been made. If 2045Tech is unable to deliver the ordered goods due to their sudden unavailability, even temporary, 2045Tech will communicate that in a timely fashion to the Client via the e-mail address provided by the latter in the order form. The sum already paid by the Client will be reimbursed within 30 days of 2045Tech’s receipt of the order.

  1. Return policy.

Pursuant to Italian Legislative Decree No. 206/2005 and its subsequent amendments and integrations, if the Client that purchases from the Website is a consumer (i.e. a physical person that purchases goods for reasons other than business or professional purposes, or does not provide a VAT number when making a purchase) and is an EU resident, she shall have the right to withdraw from the purchase contract. The right to withdraw may be exercised within 14 days of receiving the goods by sending a written notification to 2045Tech. This notification must be sent within 10 business days by registered mail with acknowledgement of receipt, addressed to: 2045Tech S.r.l., via delle Cape 3-5, Caorle (VE), Italia, or by email to: 2045Tech@PEC.it. If notification is sent by email, the Client must send a letter of confirmation of the intention to withdraw by registered mail with acknowledgement of receipt, promptly within 48 hours after having sent the notification by e-mail (right of withdrawal applicable to EU residents only). All communication with 2045Tech must be conducted exclusively in Italian or English. Once the Client has exercised his or her right to withdraw, 2045Tech customer care will provide by e-mail or mail the returned goods address as well as the return authorisation number to write on the returned goods form, which must be provided with the returned goods. The Client must send the entire product with all of its components carefully wrapped in the original packaging, avoiding the use of adhesive labels or similar which could damage the original packaging. The package must be sent to the returned goods address indicated by 2045Tech. ALL COSTS INCURRED TO RETURN GOODS (INCLUDING DELIVERY AND ANY CUSTOMS CHARGES THAT MAY APPLY) AND BANK TRANSFER COSTS ASSOCIATED WITH REIMBURSING THE PAID SUM TO THE CLIENT WHERE THE POSSIBILITY OF REIMBURSEMENT IS PROVIDED FOR, ARE TO BE PAID BY THE CLIENT WHO HAS RETURNED THE GOODS. The Client must return the goods by courier within ten business days of being communicated the returned goods address and the return authorisation number. The Client is fully and exclusively responsible for the delivery of returned goods up until the documented receipt of delivery by 2045Tech. On receipt of returned goods, 2045Tech will verify the integrity of the product and reimburse the Client the amount paid for the product, excluding transportation costs and direct costs associated with returning the goods, such as wire transfer charges. If the goods are sent by the Client within 10 business days after having been communicated the returned goods address and the return authorisation number by e-mail, and if the goods arrive safely to the returned goods address specified by 2045Tech and there is no loss of warranty, 2045Tech will provide the refund via bank transfer to a bank account specified by the Client on the returned goods form within thirty days of receipt of notification of intent to withdraw sent by registered mail. If the goods are damaged during transport, 2045Tech will notify the Client (within five business days of receiving the goods at its warehouse), to allow the Client to make a timely claim with the courier s/he employed and obtain reimbursement for the value of the product (if insured by the Client). 2045Tech shall not be held responsible for any damage, theft or loss of returned goods sent uninsured by the Client. The right to withdraw shall not apply to parts of products (e.g. accessories, software applications, etc.) but only to entire products. The purchased product must be returned intact, in its original packaging, with all its parts (including packing materials and any documentation or accessories: manuals, cords, etc.). Moreover, the right to withdraw shall be excluded under other circumstances such as the following, pursuant to Italian Legislative Decree 206/2005: the supply of made-to-order or personalised goods, which may be the case where the purchased product features such characteristics; the supply of sealed goods that may not be returned due to hygiene or health and safety reasons which have been opened after delivery (in this case, the right to withdraw cannot be exercised if the product packaging no longer features a complete, and unopened security seal); As well as in the above circumstances, the right to withdraw is excluded if, for example, there is a defect to the substantial integrity of the returned good, where: the original external and/or internal packaging is missing; lack of integral elements of the product (accessories, cords, manuals, parts, etc.); the product has been damaged for causes unrelated to its transport; the product has been improperly stored. If the Client’s right to withdraw is excluded, 2045Tech shall arrange for the purchased product to be returned to the Client at her expense (including any applicable customs charges). In this circumstance, 2045Tech shall send the purchased product back to the Client upon having received from the latter the relevant shipping charges, which will be communicated to the latter via the e-mail address provided at the time of order.

  1. Warranty.

All products purchased on the Website, excluding the product parts that by nature wears out with use or over time (e.g. mouthpiece, battery, or the sensor, which must be recalibrated after 12 months regardless of its use) are covered for the Client who is a consumer (i.e. physical person who purchases goods for reasons other than business or professional purposes, or does not provide a VAT number when making a purchase) and is an EU resident, by the legal warranty for conformity defects, pursuant to Italian Legislative Decree No. 206/2005. In order to receive assistance during the warranty period, the Client must keep the invoice sent by e-mail in PDF form. The legal warranty for EU-resident Clients covers conformity defects, which exist at the moment of the product’s delivery, and which show up within 2 (two) years as from that date. In all other cases, the legal warranty covers conformity defects which exist at the moment of the product’s delivery, and which show up within 1 (one) year as from that date. In order to avoid the loss of the warranty, conformity defects must be communicated to 2045Tech via registered mail with acknowledgement of receipt within two months of the conformity defect being discovered by the consumer. This communication must be sent to 2045Tech S.r.l., via delle Cape 3-5, Caorle (VE), Italia. In cases of conformity defects, EU-resident Clients are entitled to have the product repaired or replaced free of charge in order to bring it back into conformity. Italian residents are also entitled to a discounted price or to terminate the purchase contract, according to the provisions of Italian Legislative Decree No. 206/2005. After receiving communication of the compliance defect, 2045Tech customer care will contact the Client to provide instructions on the method of return, and the returned good number. 2045Tech will then arrange for its own courier to collect the product at no further expense to the Client. The entire product must be returned by the Client with all its parts (including packaging materials and any documentation and accessories: manuals, cords, etc.), avoiding the direct use of adhesive labels or tape on the original packaging. After examining the product returned by the Client, 2045Tech will provide either for the substitution of the product or refurbishment and will proceed with the delivery of the product. If the Client has not requested a specific solution, the Client shall accept the method proposed by 205Tech or refuse it and choose another solution within 2 (two) days of 2045Tech’s communication regarding the proposed method. 2045Tech will communicate this information to the Client using the e-mail address provided by the latter at the time of order. If it is ascertained after examining the product that the claimed defect is not a conformity defect pursuant to Art. 128 et seq. of the Italian Legislative Decree no. 206/2005 and subsequent amendments, any examination and repair fees shall be borne by the Client, including transportation costs (as well as customs charges), if such costs will be sustained by 2045Tech.

  1. Recalibration of the device.

In order to maintain the accuracy of the estimate offered by 2045Tech products after approximately 500 (five hundred) tests or within 12 months from the first use, the product must be recalibrated. To recalibrate your device, please send an email to recalibration@floome.com

  1. Age to access the Website, purchase and use the products.

In some countries the use of the Website, purchase and/or use of 2045Tech products may be subject to recommended age restrictions. By using the Website and/or purchasing and/or using 2045Tech products, you confirm that you observe the possible recommended age restrictions stipulated by law. Therefore, you shall be responsible for any violation of any mandatory age-related rules and agree to indemnify and hold harmless 2045Tech against claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with a violation of the recommended age restrictions applicable to the users of the Website and/or purchasers and/or users of 2045Tech products.

  1. Product use and results.

Through its website, 2045Tech offers products for sale which allow the user to measure the blood alcohol content providing a reliable estimate by carefully following the instructions on the Website and the mobile application related to the products of 2045Tech. The Client or the user acknowledges and accepts that the results offered by the product, even when carefully following the instructions provided by 2045Tech, are to be considered an estimate, which could be slightly higher or lower than the user’s actual blood alcohol concentration (BAC), even after having entered physical data (such as weight, gender, height, etc.) into the software application’s personal parameters section. The Client or the user acknowledges and accepts that in order to ensure the correct functioning of the product, it is necessary to take the BAC test at least 20 minutes from the last alcoholic drink (after which it is highly recommended to drink water only until taking the test). This time lapse is necessary to allow the alcohol to be absorbed into the bloodstream (avoiding underestimates) and any traces of alcohol in the mouth to evaporate (avoiding overestimates). Moreover, the reliability of the BAC estimate could be seriously compromised when, for example: you exhale inadequately or too briefly, despite the device is not reporting an error; you take the test after a too short period of time has passed from your last drink, considering your body mass; you eat food containing ingredients that may interfere with the measurements such as, for example, those rich in thiols such as onion and garlic, even when you ingest them well before the test; you eat food containing alcoholic substances, even when you ingest them well before the test; you take drugs that interfere with the results of the measurements; you have a medical condition which interferes with the results of the measurements; you have a medical or physical condition that cannot be taken into account during data processing and therefore interferes with the results of the measurements; In addition to this, the reliability of the BAC test may be severely compromised when, for example: the device was not recalibrated as recommended, by 2045Tech or by an authorised technician; the device was not stored in a dry place with temperatures between 0°C (32°F) and 50°C (122°F) and/or it was used in places with temperatures lower than 10°C (50°F) or higher than 40°C(104°F); the device was used, connected or disconnected, after less than one minute had passed from the previous use, in fact, the more time passes between two tests, the more the estimate will be accurate; the device was utilized immediately after the user consumed an excessive quantity of alcohol. It is important to wait several minutes so that the estimate is not influenced by the large quantity of ethanol injected into the sensor. While 2045Tech products are in principle accurate, the user accepts that there could be a margin of error. By using one of 2045Tech products (e.g. Floome), you also acknowledge and accept that the volume of air exhaled is measured recording the sound produced by the air exhaled. As a consequence, environmental noises (e.g. voice or any other sound close to the device’s air inlet or outlet) may interfere with the measurements. Under these conditions, it is not possible to guarantee a proper functioning, which can be obtained again by distancing the product from the source of the sound or noise. The Client or user therefore acknowledges and accepts that the results of the BAC tests taken with 2045Tech devices provide only an estimate of the user’s blood alcohol content, and therefore cannot be relied on to determine sobriety or when deciding whether or not to operate any type of motorised/non-motorised vehicle or perform any other dangerous act. The Client or user of 2045Tech products recognizes that the results obtained from the tests are an approximate estimate of the user’s blood alcohol concentration and therefore agrees to: consider the results of the tests taken using 2045Tech devices as only an approximate estimate of the alcohol contained in the blood before deciding whether or not to operate any type of motorised/non-motorised vehicle; and not rely on the results of 2045Tech products to: assess how much alcohol is contained in the blood, decide whether or not to operate any type of motorised/non-motorised vehicle, or decide whether to perform any other dangerous act. You further acknowledge that the content in the Application and on the Website is for informational purposes only and is not intended to replace the relationship between you and a/your physician or other medical provider. 2045Tech is not a licensed medical care provider and has no expertise in diagnosing or treating medical conditions of any kind, or in determining the effect of alcohol on any medical condition. Information provided through the Application or on the Website may not apply to your unique medical condition. We are not responsible for the accuracy, reliability, effectiveness or correct use of information you receive through the Application or on the Website. If you rely on any such information you do so at your own risk.

  1. Limitation of liability and exclusion of warranties.

2045Tech provides no guarantee or assurance that the use of the Website, software applications or its products, will be uninterrupted or error-free or that the Website, software applications and its products will meet your requirements. Furthermore, 2045Tech provides no guarantee on the accuracy and reliability of the results obtained by using the Website, software applications or its products. BY USING THE WEBSITE, THE APPLICATION AND THE OTHER PRODUCTS OF 2045TECH YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOU USE THEM AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES REGARDING INFORMATION, DATA, SERVICES AND CONTINUOUS ACCESS. MORE SPECIFICALLY, 2045TECH EXCLUDES ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (1) WARRANTIES AS TO AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION AND PROPOSALS PROVIDED ON THE WEBSITE AND THE APPLICATION; (2) WARRANTIES OF MERCHANTABILITY OR THE FITNESS OF ITS PRODUCTS FOR A PARTICULAR PURPOSE. NO-ONE AT 2045TECH, EXECUTIVES AND EMPLOYEES INCLUDED, CAN BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR COMPENSATION FOR ANY DAMAGES THAT MAY RESULT FROM THIS AGREEMENT OR ANY VIOLATION OF ANY WARRANTY. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT OR SPECIFIC DAMAGES. IN THESE JURISDICTIONS LIABILITY IS LIMITED AS FAR AS IS PERMITTED BY LAW. IN NO EVENT OR UNDER ANY CIRCUMSTANCES SHALL THE TOTAL AND OVERALL LIABILITY OF 2045TECH TO YOU EXCEED THE TOTAL PAYMENT RECEIVED FOR THE PURCHASE OF THE PRODUCT(S). You also accept that, regardless of any other provision of law, any claim or cause of action arising under or linked to this agreement must be exercised within one (1) year after such claim or cause of action arises, or will be forever barred.

  1. Hold harmless clause.

The Client or user declares and undertakes to indemnify and hold harmless 2045Tech, its affiliates, officers, employees and any other partner from and against all claims for damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Client or user of the any obligation contained in this Agreement, as well as acts in favour of third parties, such as, for example, allowing third parties to use the related mobile application, with or without other 2045Tech products, without third parties having previously accepted the terms and conditions of this Agreement. Indeed, the application and other 2045Tech products can be used only after installing it on the device belonging to the third party, who shall therefore accept the Terms and Conditions of this Agreement as well as the 2045Tech Privacy Policy.

  1. Governing law and jurisdiction.

This Agreement is governed by, and construed in accordance with, the laws of Italy. Any potentially alternative provision contained in private international law is not applicable. Any dispute or claim between you and 2045Tech in connection with or arising from this Agreement shall be resolved by the Court of Venice (Italy), which will have exclusive jurisdiction in determining such disputes or claims with express exclusion of alternative courts. In addition to the above-mentioned general principle, if required by the applicable law, the Client/user residing in Italy agrees as of now to designate a special domicile in the Province of Venice in case of any lawsuit to be filed against 2045Tech.

  1. Privacy.

2045Tech acts in compliance with the laws on personal data protection. Information on the processing of personal data is available on the Website and it is also available from the mobile applications designed for utilizing 2045Tech products. The notice on the processing of personal data provided in the mobile applications reflects the necessary variations related to their use.

  1. General provisions.

Failure or delay to exercise any part of the clauses in these Terms and Conditions shall not waive the right to enforce that right or clause, neither shall release the counterpart from fulfilling its obligations or respecting any other clauses contained in this Agreement. Should the competent Court ascertain the invalidity of any clauses, you shall in any case accept and ensure that the Court gives effect to the intentions of the parties as reflected in the Agreement. Any other provisions in this Agreement shall remain valid and in full force and effect. Any uncertainties as to the interpretation of the clauses of this Agreement shall not be interpreted to the detriment of the party who has produced them, and shall be construed adopting the most reasonable interpretation according to the general context, taking into account the intentions of the parties when signing the Agreement. 2045Tech has the right to transfer the Agreement to a third party. Every clause in this agreement shall be interpreted in such a way to be effective and valid pursuant to the applicable laws. Nevertheless, should any clause be declared invalid or forbidden by the competent Court, this clause shall be unenforceable to the sole extent ascertained by the Court, not affecting the validity of the other parts of the clause and/or the other clauses in this Agreement. All the necessary notifications relevant to this Agreement shall be considered valid once received by certified e-mail, writing to pec2045@legalmail.it, or by registered mail addressed to: 2045 Tech S.r.l., Via delle Cape 3-5, Caorle (VE), Italy. You confirm to have read and understood the nature and the effects of this Agreement in its entirety, as well as its terms and conditions, whose fairness and reasonableness you hereby acknowledge. Furthermore, pursuant to Article 1341 of the Italian Civil Code, you expressly accept the contractual clauses and terms set out in the following articles of the Agreement, having examined and understood their meaning in full: Art. 4 Other information; Art. 6. Suspension and closure of the Website; Art. 10. Return policy; Art. 11. Warranty; Art. 12. Recalibration of the device; Art. 13. Age to access the Website, purchase and use the products; Art. 14. Product use and results; Art. 15. Limitation of liability and exclusion of warranties; Art. 16. Hold harmless clause; Art. 17. Governing law and jurisdiction. The Italian version of this Agreement and of the information provided by 2045Tech is the only official version and shall prevail over any other translation that may have been published by 2045Tech on the Website or anywhere else.

Last update: July 2015