Legal terms

GENERAL SALES CONDITIONS

NAME OF COMPANY: InWeb S.r.l.

ADDRESS OF REGISTERED OFFICE: Via Alessandro Fighera 71, 74015 Martina Franca (TA) - ITALY

PHONE/FAX: 800 757 977

E-MAIL: amministrazione@wonxx.com
PEC: inwebshop@pec.it

P.IVA/C.F.: IT03010950735

REA: TA-186050

DEFINITIONS

The following terms and expressions have the meanings indicated, it being understood that the terms defined in the singular are also defined in the plural and vice versa.

Client: means any person who purchases one or more Products/Services offered through the On-Line Shop by accepting these General Conditions.

PartS: means jointly InWeb S.r.l. and the Client.

General sales conditions: means these General Conditions and any future new versions that may be published in the On-Line Shop by Inweb S.r.l.

Online store: means the virtual shop, managed by Inweb S.r.l. and accessible through the URL www.wonxx.com through which it is possible to purchase the Products/Services.

Contracts: means the contracts concluded between Inweb S.r.l. and the Customers through the On-Line Shop.

Orders: means the purchase orders of the Products and/or the provision of the Service sent by the Customers, in accordance with these General Conditions of Sale.

Price: means the price of the Products and/or the provision of the Service as indicated in the On-Line Shop in correspondence of the Products/Services themselves.

Consumer: as defined in art. 3 D. Lgs. n. 206/2005 (Consumer Code) is the natural person who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity.

Service: means the service offered in the Online Shop.

Product: means the good offered in the Online Shop.

Shipping costs: means the amount due for the delivery of the product.

1. SUBJECT MATTER

1.1 The General Terms and Conditions of Sale govern all contracts concluded between the parties and form an integral part thereof.

1.2 The General Terms and Conditions of Sale of the contract are modified from time to time also in consideration of possible normative changes. The new General Conditions of Sale will be effective from the date of publication on the Online Store.

2. PRICE

2.1 The Price is expressed in € (Euro). The applicable Price is the one published in the On-Line Shop at the time the Orders are sent by the Customers.

2.2 The displayed price includes the value added tax (VAT) provided for the type of property.

3. THE CART

3.1 The cart allows you to immediately check the inserted products, with their unit cost V.A. included. You can decide the quantities to buy for each type of product chosen or remove from the cart one or more products that you have decided you no longer want to buy. A series of buttons allow you to:

* update the cart after cancellations or changes in quantity;

* to eliminate individually the products/Services contained;

* return to the home page.

3.2 Once you have filled your shopping cart with the desired products, you can make the actual purchase and choose the form of payment.

4. CONCLUSION OF CONTRACTS

The contract will be perfected through the following stages:

4.1 By sending the Order, the Customer will send Inweb S.r.l. a proposal for the purchase of the selected product or products.

4.2 The Contracts are intended to be concluded between the Parties when the Customers receive the Order Confirmation with the assignment of the order number. The Order Confirmation contains a summary of the General Conditions of Sale, the information on the right of withdrawal, information on the essential characteristics of the product and the detailed price indication, the means of payment and the delivery costs with an indication of the delivery time.

4.3 By sending the Orders, the Customers declare that they have read all the instructions regarding the purchase method of the product and have accepted the General Conditions in full as well as having read all the additional information contained on Shop On Line, also called via links.

4.4 Inweb S.r.l. reserves the right not to execute purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of products.

4.5 It is understood that the image accompanying the descriptive card of a product may not be perfectly representative of its characteristics but differ in color shades, sizes, products accessories present in the figure. The presentation of each product contained in the site is merely an example and does not constitute proof or guarantee by the actual characteristics and performance of the goods sold.

4.6 The parties, at all stages of the formation and conclusion of the contract, must behave in accordance with the general principles of fairness and good faith established by art. 1175, 1337 and 1375 of the Civil Code.

5. METHODS OF PAYMENT

Inweb S.r.l. allows Customers different payment methods listed below:

5.1 PAYPAL. For online payments Inweb S.r.l. also uses the PAYPAL system.

Once this payment method is chosen, the Customer will be directed to the secure server of Paypal to which general terms and conditions of the contract must comply.

Under no circumstances can Inweb S.r.l. be held liable for any damage caused to the Customer by the use of the services offered by Paypal.

5.2 Credit card. The circuits accepted for payments on the site are Visa Circuit, Mastercard Circuit and American Express.

5.3 Advance Bank Transfer. On the website you will find indicated in the "payment method" in the home page the bank details to be able to make the transfer. It is recommended to enter the order number and the date in the reason for the transfer. Inweb S.r.l. reserves the right not to execute orders by bank transfer without the actual crediting of the amounts. The execution of the contract consisting in the sending of the Products or the provision of the Services will take place only after the actual crediting of the sum due to the current account.

5.4 Cash on delivery.  Having chosen this mode, the Customer will make the payment directly upon delivery of the product exclusively by cash.

6. DELIVERY OF PRODUCTS

6.1 The Products are delivered to the address indicated by the Customers.

6.2 Customers, or other persons appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that the packaging/ packaging of the Products is intact, undamaged or otherwise altered.

6.3 Any damage to the packaging/packaging of the Products must be immediately contested by the Customers by placing a reservation of written control on the proof of delivery.

6.4 In the event that the carrier has been chosen by the Customer outside of those proposed at the time of purchase, the risk of damage and loss of the Products is transferred to the Customer at the time of delivery to the same carrier, precluding any dispute concerning the external characteristics of what has been delivered. In the latter case, any dispute must be raised directly by the Customer against the carrier.

7. LEGAL GUARANTEE OF CONFORMITY

All products marketed enjoy the legal guarantee of conformity provided by articles 128 and ss. the Consumer Code that covers any lack of conformity of the purchased items, existing at the time of delivery and that occur within 2 years of delivery. Defects in conformity and, therefore, any defects or damages caused by accidental events or by the Customer’s responsibility for the use of the products that do not conform to the intended use or effect of normal wear and tear are excluded from the legal warranty. To benefit from this guarantee, the customer must report the lack of conformity within two months of discovery, under penalty of forfeiture with notice addressed to the headquarters of Inweb S.r.l., accurately indicating the defects and defects found.

The Customer may, at his choice, ask the seller to repair the goods or to replace them, free of charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other. The Customer may request, at his choice, a fair price reduction or the termination of the contract where: repair and replacement are impossible or excessively expensive; the seller has not provided for the repair or replacement of the goods within the appropriate period as provided for by paragraph 5 Art. 130 Consumer Code; the replacement or repair previously carried out has caused considerable inconvenience to the consumer.

8. COSTS OF DISPATCH

The shipping costs will be calculated automatically and will be indicated, separately from the Product Price, before the Order is sent by the Customers.

9. RIGHT OF WITHDRAWAL AND EXCLUSIONS THEREOF

9.1 Customers "Consumers" according to the relevant definition of art. 3 D. Lgs. n. 206/2005 - that is a natural person acting for purposes unrelated to the business, commercial, craft or professional activity that may be carried out - are entitled, pursuant to and for the effects of art. 52 of D. Lgs. n. 206/2005 as amended by Legislative Decree no. 21/2014 to withdraw from the Contract without having to provide any reason within 14 days of receipt of the Products.

9.2 Customers who cannot be defined as consumers within the meaning of the above definition and in particular natural or legal persons acting for purposes related to their business, commercial, craft or professional activities are excluded from this right.

9.3 The Right of withdrawal may be exercised by the Consumer Customer with any explicit statement of the decision to withdraw from the contract, for example, may send communication by email to info@wonxx.com or fax to 800 757 977.

9.4 The Customer must return the products to Inweb S.r.l. within 14 days from the date on which he sent the withdrawal notice.

The cost of returning the Products following the exercise of the right of withdrawal will be charged to the Customer consumer pursuant to and within the limits of art. 57 D. Lgs. n. 206/2005 and subsequent modifications.

9.5 If the right of withdrawal is exercised according to the terms and conditions indicated in this article, Inweb S.r.l. undertakes to refund all payments received by the Customer as soon as possible and in any case within 14 days from the date of receipt of the notice of withdrawal. Unless the Customer expressly indicates a different method of reimbursement, Inweb S.r.l. will use the same means of payment used by the Customer, at no cost to the latter.

9.6 Inweb S.r.l. may retain the refund until it has received the Product or until the Customer has provided proof of having provided for the return, depending on which situation occurs before.

Please note that all payments made to Inweb S.r.l. including any original shipping costs will be refunded to the Customer. As for the latter, pursuant to art. 56 comma 2 D.Lgs. n. 206/2005 and subsequent modifications Inweb S.r.l. is not obliged to refund the additional costs if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the professional.

9.7 If Customers exercise the right of withdrawal in a manner not in accordance with the terms and conditions set out in this article, Customers shall not be entitled to reimbursement of payments made to Inweb S.r.l.

9.8 The Customer shall be liable only for the decrease in the value of the Product resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product itself.

9.9 The exercise of the right of withdrawal is excluded in the cases referred to in art. 59 D.Lgs. n.206/2005 and subsequent amendments.

By way of example and not exhaustive, we indicate the following cases in which the right of withdrawal referred to in the aforementioned article is excluded:

A) the supply of tailor-made or clearly customised goods;

B) the supply of sealed goods which do not lend themselves to return for hygienic or health protection reasons and were opened after delivery.

10. APPLICABLE LAW AND JURISDICTION

10.1 The General Conditions and Contracts are governed by Italian law and must be interpreted in the light of this. Any matter relating to the Contracts will be subject to Italian jurisdiction. In particular, pursuant to art. 66-quater of Legislative Decree no. 206/2005 (Consumer Code), the discipline contained in Part III, Title III, Chapter I of Legislative Decree no. 206/2005 is expressly recalled here.

10.2 In the case of Customer "Consumer" for all disputes arising from this contract including those relating to its validity, interpretation, execution and resolution jurisdiction by territory is necessarily conferred on the Judge of the Consumer’s place of residence or domicile.

11. ONLINE DISPUTE RESOLUTION FOR CONSUMERS

Inweb S.r.l. informs the Consumer Client resident in the European Union that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Consumer to resolve non-judicial any dispute relating to and/or arising from contracts for the sale of goods and services entered into on the network. This platform can be used to resolve any dispute arising from the online contract. The platform is available at the following link: http://ec.europa.eu/consumers/odr/