1.1 These general conditions of sale (hereinafter the "General Conditions of Sale") govern the distance selling of goods (hereinafter the "Products") on the present website, www.womsh.com (hereinafter the "Site") by TRADE PROMOTIONS SRL, a single member limited company, with registered office in Vigonza (PD), Via Venezia 85H, Italy, registration number in the Register of Companies of Padua, Tax Code and VAT number 04582970283, Business Registry PD401553, share capital: €10,000.00 fully paid in, e-mail: email@example.com Certified Electronic Mail: firstname.lastname@example.org (hereinafter the "Seller").
1.2 The Seller sells the Products on the Site exclusively to users who are of legal age and consumers (hereinafter the "Customer"). Consumers are natural persons who are acting for purposes not related to their commercial, entrepreneurial, craft or professional activity.
1.3 The Products are shipped exclusively to the countries indicated in the list of shipping countries on the relevant page of the Site accessible from the Homepage.
1.4 The Seller reserves the right to provide a maximum limit of Products, or types of Products, that may be purchased on the Site.
1.5 The Seller reserves the right not to accept purchase orders from subjects who are not consumers and/or of legal age, from countries other than those listed among the countries of shipment and/or orders in conflict with its commercial policy.
1.6 The General Conditions of Sale are not applicable to third parties and, in any case, do not regulate in any way the provision of products and/or services by third parties other than the Seller, even if such parties are presented or recommended by the Seller or are present on the Site through links, banners or other forms of connection.
2. PRODUCT PURCHASE ORDER
2.1 In order to order the Products present on the Site, the Customer must choose the Products they wish to purchase by adding them to the cart. Once the Products have been selected, the Customer must complete the order form, according to the instructions therein, and send the completed form to the Seller.
2.2 The languages available for the completion and dispatch of the order are those indicated, for each country, in the section relating to the countries of dispatch accessible through the Homepage of the Site.
2.3 The purchase order of the Products can be made by the Customer either through their personal account, if registered on the Site, or through the guest user mode, providing in this case the personal information required to proceed with the order.
2.4 Before sending the order form, the Customer will be provided with a summary of the main characteristics of the Products subject to the order and the relative price (including applicable taxes or duties), the payment and delivery methods for the Products and the shipping costs, the terms and conditions for exercising the right of withdrawal and the General Conditions of Sale.
2.5 The Customer, by sending the order form, declares that they have accepted the contents of the form itself, the General Conditions of Sale and Use of the Site and, failing that, cannot proceed with the purchase order. Before sending the order form, the Customer may print, save or make a copy for personal use of the General Conditions of Sale.
2.6 Before sending the order form, the Customer can check the details of the order, as well as identify and correct any errors in data entry, according to the instructions on the Site.
2.7 The submission of the order form by the Customer implies for the latter the obligation to pay the price indicated in the order.
2.8 The presence of the Products on the Site must be understood as an invitation to offer by the Seller. The sending of the purchase order by the Customer to the Seller is considered as a proposal to purchase the single Products object of the order.
2.9 Once the purchase order has been received, the Seller will send the Customer, via e-mail, a receipt of the purchase order, which will contain a summary of the General Conditions of Sale, information relating to the essential characteristics of the Products and a detailed indication of the price (including all applicable taxes or duties), means of payment, conditions and methods of exercising the right of withdrawal and delivery costs. This e-mail is an automatic confirmation of receipt of the order and does not imply acceptance by the Seller of the Customer's purchase order.
2.10 The Customer's purchase order is considered accepted by the Seller when the latter sends an e-mail confirming that the ordered Products have been shipped.
2.11 The Seller reserves the right not to accept the purchase orders in case of unavailability of the Products, errors regarding the price or incomplete or incorrect orders, which do not give guarantees of solvency or which are contrary to the Seller's commercial policy and/or to the General Conditions of Sale. In this case, the Seller will, within 30 days of receiving the order, inform the Customer that the purchase order has not been accepted and, if the Customer has already paid the price, refund the sum received from the Customer.
2.12 The order form will be filed in the Seller's database for the period of time necessary to execute the order and in compliance with legal obligations. The Customer, if registered on the Site, will be able to view the orders placed by accessing their personal account and consulting the appropriate section of the Site. The Customer who has made a purchase as a "guest" user can check the orders placed by contacting Customer Service, as indicated in the paragraph "Customer Service" below.
3. PRODUCT FEATURES
3.1 The main features of the Products are shown in the relevant Product sheet on the Site. The images of the Products on the Site may appear different from the real ones due to the Internet browser and/or screen used by the Customer.
3.2 Each Product is sold on the Site together with its identification tag, which is an integral part of the Product.
4.1 The prices of the Products indicated on the Site are expressed in euros (€) and are already inclusive of all applicable taxes and duties. The prices of the Products do not include the shipping and delivery costs, which will be indicated at the beginning of the purchasing procedure of the Products.
4.2 Product prices may be subject to change. Therefore, the Customer undertakes to check the final sale price before proceeding with the order.
4.3 The payment methods are as follows: Paypal.
4.4 Shipping and delivery costs will be borne by the Customer, unless otherwise indicated on the order form.
4.5 The price for the purchase of the Products and the shipping costs, as indicated in the order form, will be charged after the purchase order is sent by the Customer and before the Products are shipped by the Seller.
4.6 If the Product is delivered to a country within the European Union, the Product sold should not be subject to any customs clearance costs, such as import taxes and/or duties. If, however, the Product is delivered to a country outside the European Union, the Products sold may be subject to customs clearance costs, such as import taxes and/or duties, payable upon arrival of the Product in the country of delivery. Customs clearance costs cannot be foreseen in advance by the Seller and, in any case, are entirely borne by the Customer. For further information, the Customer may contact the customs office of the country of delivery of the Product.
5. PRODUCT DELIVERY
5.1 The delivery of the Products ordered on the Site is made by courier. The costs, methods and terms of delivery of the Products are indicated in the individual purchase order form and form an integral part of the General Conditions of Sale.
5.2 The delivery times of the Products indicated on the Site are indicative and refer to working days, with the express exclusion of holidays. The Seller undertakes to deliver the Products within 30 days from the date of the conclusion of the contract with the Customer.
5.3 The Customer must place the purchase order directly from the page of the Site corresponding to the shipping country to which the purchased Product will be delivered. The Site should automatically identify the country from which the Customer has connected to the Site, without prejudice to the possibility for the Customer to change the country of reference of the Site on the Site page relating to the shipping countries, which can be reached through the Homepage. The Seller reserves the right not to accept any orders transmitted by the Customer from an area of the Site relating to a country different from that of the destination of the shipment, or with destination addresses not accepted by the carrier appointed by the Seller (e.g., post office boxes and poste restante).
6. RIGHT OF WITHDRAWAL
Exercise of the right of withdrawal
6.1 The Customer has the right to withdraw from the contract concluded with the Seller, without giving any reason, within 14 days starting from the day of acquiring physical possession of the Products purchased on the Site.
6.2 In order to exercise the right of withdrawal, the Customer can communicate their decision to withdraw from the contract through the withdrawal form present, if registered on the Site, in their personal area. To this end, the Customer must access the section of the Site relating to orders placed, fill in and send the withdrawal form to the Seller, according to the instructions therein.
6.3 Alternatively, the Customer may send written and explicit notice of the decision to withdraw to the Seller, providing its reference information (name, surname, address and e-mail), the dates of order and receipt of the Products, the order number and the relevant Products purchased; to this end, the Customer may optionally use the standard withdrawal form, which is not mandatory, referred to in Annex I of Legislative Decree No. 21 of 21 February 2014. In the event that the Customer chooses said option, the notice of withdrawal must be sent to the Seller at the contacts indicated in the paragraph "Customer Service".
6.4 In order to comply with the withdrawal period, it is sufficient that the Customer sends the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
6.5 The Customer shall be liable for any diminution in the value of the Products resulting from any handling of the Products other than that necessary to establish the nature, characteristics and operation of the Products.
6.6 The right of withdrawal may also not be exercised in the event that the Products:
-have been custom made or customized;
-are in danger of deteriorating or expiring rapidly;
-are sealed and not suitable for return for hygienic or health protection reasons and have been opened after delivery;
-have been inseparably mixed with other goods after delivery;
-consist of sealed audio or video recordings or sealed computer software that have been opened after delivery.
Time and method of return
6.7 The Products subject to withdrawal must be returned, within 14 days from the date on which the Customer has communicated the withdrawal, together with the withdrawal form received from
TRADE PROMOTIONS SRL, Via Venezia 85H, Vigonza (PD), 35010, Italy.
The deadline is met if the Customer returns the goods before the expiry of the aforementioned period of 14 days.
6.8 The payment of the direct costs of the return of the Products is at the expense of the Customer.
6.9 It is recommended to return the Products in the original packaging sent by the Seller, with the relevant identification tag.
Time and method of reimbursement
6.10 Upon receipt of the Products, the Seller shall carry out the necessary checks on the conformity of the same to the conditions and terms indicated in the present Art. 6.
6.11 In the event that the verifications are concluded with a positive result, the Seller will send to the Customer, via e-mail, the relative confirmation of acceptance of the Products thus returned and will proceed to refund all payments received from the Customer, including delivery costs (if paid by the Customer). The Seller is not obliged, however, to reimburse the additional costs of any delivery charges paid by the Customer, if the Customer has expressly chosen a type of delivery other than the least expensive type of standard delivery offered by the Seller.
6.12 Whatever the payment method used by the Customer, the refund will be activated by the Seller, upon verification of the correct execution of the right of withdrawal, in the shortest time possible, and in any case within 14 days from the date on which the Seller received the notice of withdrawal. In any case, the Customer shall not incur any costs as a result of such refund. The refund may be suspended by the Seller until receipt of the Products or until the Customer has demonstrated that they have returned the Products, whichever comes first.
6.13 The Seller executes the refund using the same means of payment used by the Customer for the initial purchase, unless the latter has expressly agreed otherwise. If the recipient of the Products listed on the order form and the person who made the payment are two different parties, the refund of the amounts will be made by the Seller, unless otherwise agreed, to the person who made the payment.
6.14 If the procedures and terms for exercising the right of withdrawal, as specified in this art. 6, are not respected, the Customer will not be entitled to a refund of the sums already paid to the Seller; however, the Customer may re-obtain, at their own expense, the Products in the state in which they were returned to the Seller.
7. LEGAL WARRANTY OF CONFORMITY
7.1 In addition to the warranty for defects of the goods sold, the Seller provides for the products the legal guarantee of conformity in accordance with the provisions of Title III of Part IV of Legislative Decree No. 206 of 6 September 2005 (the so-called Consumer Code). This warranty provides that the Seller is responsible for defects of conformity of the products sold that occur within 2 (two) years from delivery of the products.
7.2 Unless proven otherwise, defects of conformity that become apparent within 6 (six) months of delivery of the product shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the goods or the nature of the defect of conformity.
7.3 To take advantage of the conformity guarantee, the consumer, under penalty of forfeiture, must report to the Seller any defect in the product purchased within 2 (two) months of its discovery. Any action aimed at asserting a conformity defect not maliciously concealed by the Seller is prescribed, in any case, in the term of 26 (twenty-six) months from the delivery of the product.
7.4 In case of lack of conformity reported within the terms provided, the consumer may request, at their option, for the Seller to repair the goods or replace them, in both cases without incurring any costs, unless the remedy requested is objectively impossible or excessively expensive compared to the other. The consumer may also request, at their option, an appropriate reduction in price or termination of the contract in cases where repair and replacement are impossible or excessively expensive, the Seller has not repaired or replaced the goods within a reasonable period of time or the replacement or repair carried out previously have caused significant inconvenience to the consumer.
7.5 In order to benefit from the conformity warranty, it is recommended to keep and show the purchase documents of the product. For more information on the legal guarantee of conformity for consumers, as well as to take advantage of the remedies provided by the legal guarantee in relation to products purchased from the Seller, the consumer may contact Customer Service.
9. APPLICABLE LAW AND DISPUTE RESOLUTION
9.1 The General Terms and Conditions of Sale are governed by and shall be interpreted in accordance with Italian law and, in particular, with Legislative Decree No. 206 of 6 September 2005, containing the "Consumer Code", and with Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce.
9.2 In the event of disputes between the Seller and the Customer in relation to the sale of the Products and/or the General Conditions of Sale, the Customer may access the platform for online dispute resolution provided by the European Commission through the link https://webgate.ec.europa.eu/odr.
10. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
10.1 The General Conditions of Sale may be modified at any time by the Seller. The new General Conditions of Sale will be effective from the moment of their publication on the Site. The Customers, before placing a purchase order, must therefore consult the latest version of the General Conditions of Sale.
10.2. The General Conditions of Sale applicable to each contract concluded by the Customer through the Site are those in force on the date the purchase order is sent.
11. CUSTOMER SERVICE
11.1 For assistance with the Products, further information, suggestions, complaints and/or further requests, the Customer may contact the Seller's customer service department at any time by using the Contact Us form or at the following contact information:
-via e-mail: email@example.com
-by mail: TRADE PROMOTIONS SRL, Via Venezia 85H, Vigonza (PD), 35010, Italy.