Terms of Sale

Premise and summary

Jolla-Devices is a non-profit blog dedicated to official devices using Sailfish OS as an operating system.
This Store, hosted in the sub-domain https://store.jolla-devices.com, aims to support the activities of the blog and cover the expenses; in essence it is alternative to initiatives such as Patreon or Paypal link for donations.

In practice, the user, by purchasing a device at jolla-devices Store, supports the activities of the blog; smartphones and other accessories for sale are generally considered to be used, even if in new condition, due to the flashing operation which theoretically invalidates the guarantee. But some products may maintain their international Sony warranty under some circumstances.

This Store is beta as experiment that wants to explore the possibility / feasibility of opening a local shop dedicated only to Jolla Sailfish and Sony phones with Sailfish X, even with a small physical base. Other vintage products such as Nokia N9 and vintage accessories, and electronic stuff may also appear on the site occasionally.

The general terms and conditions of sale are as follows:

Art. 1 – General Provisions

1. The user navigating in this area accesses Jolla-STORE Devices, accessible through the url: https://store.jolla-devices.com. The navigation and the transmission of a purchase order on the site constitutes acceptance of the Conditions and the Data Protection Policy adopted by the site itself therein.

2. The General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code (Legislative Decree. N. 206/05 amended by Legislative Decree. n. 21/14 and Legislative Decree no. 70/03) by

Giovanni Minelli
Place of birth: Ponte San Pietro
Date of birth: 28/03/1983
Residence: via Martiri di via Fani 6
Tax Code: MNLGNN83C28G856L

 

3. The object of the service is provided based on the user license agreement details of which are:

  • Sailfish X Free for supported devices

the privileges of the consumer and the recipient of the service are:

  • Normal use of the device, it is forbidden to extract, copy and resale for profit of Sailfish OS, or parts of the same software.

4. The user is required before access to the products provided by the website, read these Terms and Conditions of Sale which means generally and unequivocally accepted at the time of purchase.

5. The user is invited to download and print a copy of the order form and these Terms of Sale whose terms Jolla-STORE Devices reserves the right to modify unilaterally and without notice.

6. E ‘can use the site and then access products provided by the same and the purchase of these in the following languages:

English
Italian
+ automatic translations in:
German 
Finnish 
French 
Chinese

Art. 2 – Object

1. The General Conditions of Sale govern the offer, transmission and acceptance of purchase orders for products on Jolla-STORE Devices and do not cover, however, the supply of services or the sale of products by persons other than the seller to be present on the same site through links, banners or other hypertext links.

Art. 3 – Conclusion of the contract

1. To conclude the purchase contract, you will need to complete the form electronically and send it following the related instructions.

2. It shall supply the reference to the General Conditions of Sale, the images of each product and its price, means of payment that you can use, the mode of delivery of the purchased products and their shipping costs and delivery, a reference the conditions for exercising the right of withdrawal; mode and return of purchased products.

3. Before signing a contract, will be asked to confirm that you have read the Terms and Conditions including the Information on the right of withdrawal and the processing of personal data.

4. The contract is concluded when the seller receives the form filled out by the user after verifying the accuracy of the information contained therein.

5. The buyer shall pay the price by the time the online order submission process will be concluded. This will be done by clicking on Proceed to Paypal, Continue to Payment “ and completing the wizard on Paypal or Stripe servers.

6. Once done the contract, the seller takes charge of the order.

Art. 4 – Registered Users

1. When completing the registration process, the user is obliged to follow the instructions on the site and provide their personal data accurately and truthfully.

2. Once you have registered, you will receive a confirmation email in the email he provided. The confirmation must be notified no later than 24 hours. After this period, in confirmation defect Jolla-STORE Devices will be released from any commitment to you.

3. The confirmation will exempt anyway Jolla-STORE Devices from any responsibility regarding the information you provide. The ‘User is obliged to immediately inform Jolla-STORE Devices of any change in their data whenever they are communicated.

4. If the user then communicates the data are inaccurate or incomplete, or even if there is a dispute on the part of stakeholders about the payments made, Jolla-STORE Devices will have the right not to activate or to suspend the service until the amnesty related deficiencies.

5. At the first request to activate a profile from the user Jolla-STORE Devices attach to the same user name and password. The latter recognises that such identification constitute the system for validation of user access to services and the only suitable system to identify that the acts performed through such access will be granted to him, and shall be binding on him.

6. The user is obligated to maintain the confidentiality of your data access and keep them with due care and diligence and not giving it even temporarily to a third party.

Art. 5 – Product Availability

1. The availability of the products refers to the actual availability in the moment in which the buyer makes the order. This availability must still be considered indicative only because, due to the simultaneous presence of multiple users on site, the products could be sold to other customers before confirming the order.

2. Even after sending the e-mail order confirmation may occur cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the product is not available and the customer will be notified immediately via e-mail.

3. If the buyer requires the cancellation of the order before the shipment, solving the contract Jolla Devices-STORE will refund the amount paid within 7 days from the moment Jolla-STORE Devices has knowledge of the decision of the buyer to terminate the contract.
If the order was sent, see “Right of Withdrawal” below.

Art. 6 – Products offered

1. Jolla-Devices STORE, markets:

  • Vintage phones and tablets used produced by Jolla oy
  • “Used” as new Sony phones with Sailfish OS
  • “Used” as new Tablet products from Aigo, with Sailfish OS
  • Other accessories related

2. The offer of products is published on: https://store.jolla-devices.com

Art. 7 – Payment and prices

1. The price of products will be specified from time to time on the site, except where there is an obvious error.

2. If an error Jolla-Devices STORE alert you as soon as possible by allowing the buyer confirm the order at the right amount or cancellation. It will stand for anyway Jolla-Devices STORE obligation to provide what is sold at a price lower mistakenly indicated.

3. The site prices include VAT and do not include shipping. Prices are subject to change at any time. The changes will not affect orders for which has already been sent confirmation.

4. After selecting the products you want, they will be added to your cart. Simply follow the instructions to purchase, by inserting or by checking the required information in each step of the process. The details of the order may be modified before payment.

5. Payment can be made by:

  • Credit cards (Cards compatible with Stripe) 
  • Apple Pay (via a Card Compatible with Stripe, that offer Apple Pay) 
  • Paypal

Art. 8 – Delivery

1. Jolla-Devices STORE be shipped all over the Italian territory with the exception of the state of Vatican City and the Republic of San Marino. It will not deliver also in the following territories: Livigno, Campione d’Italy.
Also, Jolla-Devices ship worldwide with the exception of Russia, China, Oceania, Nigeria, Venezuela, and all countries that are blocking imports of smartphones, or where there is an embargo is in place.

2. Jolla-Devices STORE make his deliveries both at the address provided by the user, both at the collection points indicated at the time of purchase, exceptions done for PO BOX boxes that are not compatible with the Courier.

3. Delivery is made to the Italian territory, usually within 3-5 business days, or, if it is not specified no date of delivery, within the period estimated at the time of the selection of the mode of delivery and, in any case, within a maximum period of thirty days from the date of confirmation.

4. As regards the countries of European Union + Canada, USA, UK, Bulgaria, Denmark, Finland, the delivery will be made in 4-6 working days, and in any case within a maximum period of thirty days.

5. In the territories outside the EU and the above (4) will be delivered in approximately 4-9 business days, and in any case within a maximum period of thirty days.

6. If you can not make delivery, the order will be sent to the filing of the courier. In such event, a notice will specify the place where is the order and the manner in which to agree a new delivery with the shipper.

7. If it is not able to be present at the place of delivery at the agreed time, we ask you to contact the courier (DHL or UPS usually) to agree a new delivery date. Also ask Jolla-Device.

8. If the delivery can not take place for reasons beyond our control after thirty days from the date on which the order is available for delivery, we will assume that it intends to terminate the contract.

9. As a result of the resolution amounts will be returned, including the costs of delivery with the exclusion of any additional costs arising from the choice of a different method of delivery by the ordinary method offered without undue delay and, in any case, within 29 days from date of the contract. The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.

10. The shipping costs are borne by the buyer and are shown explicitly at the time of order.

Art. 9 – Transfer of Risk

1. Risks relating to the products shall pass to the buyer from the time of delivery.
The properties of the products you consider just acquired received full payment of all amounts due in respect thereof, including shipping charges, or at the time of delivery, if this happen at a later time.

Art. 10 – Warranty and trade compliance

1. Jolla-Devices STORE sells devices that have been converted to the Sailfish OS. Unless otherwise stated (ie a Nokia N9), the devices for sale have been tested before and after processing in the Sailfish OS and are free from main defects.
For this reason (the opening of the box and the flashing with Sailfish OS), however the phones and tablets are sold as used by Jolla-Devices. In the case of Sony Xperia phones, unlocking the boot loader may have invalidated the warranty by Sony via IMEI (two years in the EU), but it still remains valid, and the Sony service could still repair the devices, even for free.

2. The seller is responsible for the non-compliance of the items respect to the site, and the defects in the first 14 days, in accordance with the provisions of Italian law.

3. The STORE Jolla-Devices does not offer an additional warranty than the Sony one, but acts only as a ‘ facilitator ‘: locating items, transforming and selling the devices to users.

4. In the event of non-compliance detected in the first 14 days, the purchaser will be entitled to obtain a replacement product (upon return of the defective product), or the ability to return and get a full refund of the purchase.

5. Consider that the installation of Sailfish OS – although official and agreed between Sony and Jolla – involves the presence of some bugs in the Xperias: (eg minor issues like bluetooth connectivity, missing fingerprint support etc) keep an eye on the page of the Jolla Together page, where are reported bugs, you find it at: https://together.jolla.com/questions/.
Buy responsibly.

Art. 11 – Right of withdrawal

1. In accordance with the legal provisions in force, the buyer is entitled to cancel the purchase without penalty and without giving any reason, within 14 days in accordance with art. 57 of Legislative Decree 206/2005 from the date of receipt of the products.

2. In case of multiple purchases made by the buyer with one order and delivered separately, the period of 14 days shall run from the date of receipt of the latest product.

3. Users who want to exercise the right to purchase withdrawal can send an email, stating the order number and user name, to: staff@jolla-devices.com

4. The costs of return, due to reasons of withdrawal are borne by the buyer, who will choose a shipping method to track the return shipment to Italy.
In some cases Jolla-Devices may have better rates for fast return shipments, and you will agree with the buyer to create a collection by the courier upon payment of postage. (Faster return = faster withdrawal).

5. The goods must be returned to:

Giovanni Minelli
via Martiri di via Fani
24030 Palazzago (BG)
Italy

6. The goods must be returned intact in its original packaging, complete in all its parts and complete the attached tax records. Once you have verified the respect of the above, the site will refund the amount of the products covered by the withdrawal within a maximum period of 9 days.

7. Do not apply the right of withdrawal in the case of the services and products Jolla-STORE Devices are included in the categories art. 59 of Legislative Decree 206/2005, in practice: software products such as Sailfish OS or other digital documents (guides, tutorials, ebooks) created by Jolla-Devices.

8. The site will run the refund using the same payment method chosen by the buyer during the purchase. In the case of debit or cash, and if the purchaser intends to exercise its right of withdrawal, the user will provide the bank: IBAN, SWIFT and BIC as needed to conduct the repayment.

Art. 12 – Data processing

1. The buyer data are processed in accordance with the provisions of legislation on protection of personal data, as specified in the section containing the information pursuant to art. 13 EU Regulation 2016/679 (Privacy Policy).

Art. 13 – Contacts

1. Requests for official information related to the STORE purchases must be sent by mail to staff@jolla-devices.com. 
The profile Twitter  @jolladevices and other social accounts are for feedback and informal communications only, not official for purchase.

Art. 15 – Governing Law and Jurisdiction

1. These Conditions of Sale are governed by Italian law and interpreted according to it, subject to any contrary overriding mandatory rule of the country of habitual residence of the buyer. Therefore the interpretation, execution and resolution of the General Conditions of Sale are exclusively subject to Italian law.

2. Any disputes concerning and / or consequential to the same shall be resolved exclusively Italian judicial authority. In particular, if the buyer qualifies as a consumer, any dispute shall be resolved by the home court of the place or residence of the same under applicable law.

These conditions have been drawn up on 01/25/2019.