Dear User, The terms of sale given below embody the conditions and procedures through which you may purchase products on the wingedstore.com site. Please read them carefully and you are requested to accept them in order to be able to use all our on-line services. We reserve the right to change the terms of sale. Any new rule shall take effect from the date in which it will be published on our web site and shall refer to sales made from that moment on.
TERMS OF SALE IN ACCORDANCE WITH ITALIAN LEGISLATIVE DECREE 206/2005, “CONSUMER CODE”
All buy-sell transactions through the site are governed by these terms of sale.
FOREWORD: SUPPLIER’S IDENTITY: Wingedstore.com - WINGEDSTORE SRL Corso Venezia, 2 – 20121 Milano (MI) ITALIA. Capitale sociale € 35.000,00 - C.F. e P.IVA n. 09560670961 – internet: www.wingedstore.com – e-mail: firstname.lastname@example.org
1. SUBJECT MATTER OF THE SERVICE.
Wingedstore.com (the “Supplier”) makes available to buyers via its e-commerce service a virtual shelf from which clothing products, garments and accessories (“Products”) may be inspected on-line and purchased. The buyer may inspect the Supplier’s electronic catalogue and supplies but may only make purchases c/o the Supplier (after having accepted these terms of sale and having registered himself) by inserting each time for the purpose of identification the user name (or User-ID) and the password (for access to protected areas of the site) that the system issues to each Buyer at the end of the registration process. Products sold via this web site are destined for end buyers who purchase them solely for personal use and not for purposes relating to their working or professional activity (e.g. for instrumental use, resale, etc.).
2. NATURE OF THE RELATIONSHIP AND CASES OF NON-APPLICABILITY OF CONSUMER PROTECTION LAWS.
In conformity with all that is provided for under Italian and community laws currently in force, the consumer protection law governs the economic relationship between the Supplier and the Buyer solely if the Buyer purchases our Products for personal purposes unrelated to his working activity. Relations between the Supplier and the Buyer who makes purchases for purposes related to his working activity, giving his registered VAT number, are therefore not governed by the consumer protection laws, including in particular Italian D.Lgs. (Legislative Decree) No. 206 of 2005 (Consumer Code), Italian D.Lgs. No. 70 of 2003 (Electronic Commerce) and sections 1469 bis and following. of the Italian Civil Code.
Unless otherwise stated in writing, all the prices are quoted “inclusive of VAT” and in Euro and US Dollar. The validity of the given prices is always and only that shown by the procedure (trolley) at the date of delivery the order to the Supplier. The prices of some or all the products may vary even several times in the same day without the need to give notice.
4. PAYMENT OPTIONS:
- Credit cards: Visa, Maestro, Master Card, American Express
- Paypal: payment is made through Paypal. Learn more on www.paypal.it
5. ACCEPTANCE OF THE PURCHASE ORDERS.
The Supplier makes it known that there may be limits to the availability of Products offered in this site depending from both quantity and place of destination of the same. Such limits shall be promptly notified to the Buyer and it will be impossible to forward orders of Products to the Supplier that are not in compliance with such limits of availability, and in any case if such orders are forwarded they shall be deemed ineffective. The order placed by the Buyer is subject to the explicit acceptance of the Supplier. The acceptance shall be sent via e-mail to the address given by the Buyer together with the information provided for by law regarding distance contracts (sect. 52 Italian D.Lgs. No.206/2005). The orders issued by the Buyer will only be binding on the Supplier if the Buyers receives confirmation from the Supplier. via e-mail that the whole order process has been duly completed, that payment has been authorised and that the products are available. Print the e-mail and keep it, since it contains all the terms and conditions of the purchase contract. If you do not receive the e-mail of confirmation, please contact us via the e-mail address. The Buyer accepts that all communications from the Supplier relating to the order are sent via e-mail and Web service. The communications as specified in the next clause are applicable thereto. None of the information in the web site may be considered as a quotation, but represents a request to quote. Products and services are provided on the conditions as set forth in these terms with the exclusion of all and any other term or condition laid down by the Buyer. Any change or amendment to these terms of sale shall be binding only if and when fully accepted in writing by the Supplier. The Supplier does not carry out partial orders and in the event of partial or total unavailability prior to passing on the order, the system will inhibit the possibility of processing such order. In the event of partial or total unavailability subsequent to placing the date of the order and due to causes beyond the Supplier’s control, the latter will send via e-mail, within 30 days as from the date of the order delivery date, information relating to the carrying out of such order. Every order is identified by an unequivocal code (order number) and shows the date of forwarding to the system, the detail of the purchased items, the dispatch and packaging charges, the single prices inclusive of VAT in Euro and the total cost summary given in Euro. The Buyer accepts that communications relating to the order received by the Supplier are sent by the latter via e-mail and via Web service. With regard thereto, communications as set forth in article 12 hereunder are applicable.
6. METHODS OF DELIVERY.
The Supplier arranges for ex works delivery to the Buyer with Fed Ex the goods are carried at the Buyer’s full expense and risk. These expenses and any other charges connected with transportation or the delivery of the products are reckoned and detailed in the order confirmation and in the invoice or receipt of purchase. At the time of delivery at his domicile, the Buyer shall check the packs for damage and that the quantity and items quality correspond to that stated in the accompanying document. In the event of discrepancies or differences, the Buyer shall have them accurately recorded on the transport document (delivery note, waybill, etc.) otherwise all its rights in relation thereto shall be forfeited. The Supplier informs the Buyer of the general method of calculation used for the application of charges connected with delivery of the ordered material.
7. APPROXIMATE DELIVERY TIMES.
The Supplier envisages the approximate times given in the link/page as specified in point 6 as those for delivery to the Buyer. The actual time of transportation depends upon destination: ITALY and EUROPE 2 days, WORLDWIDE 3-4 days.
8. RIGHT OF CANCELLATION.
Pursuant to Italian D.Lgs. 206/2005 (consumer code), the Supplier informs the Buyer as follows: - the Buyer may exercise the right of cancellation by and no later than 10 working days from the date of receipt of the ordered goods; - only if the Supplier has not duly fulfilled the obligations of information as per section 52 of Italian D.Lgs. 206/2005 the term for cancellation shall be extended to three months; - the right of cancellation may be exercised solely by the Buyer – end consumer – who purchases the goods for purposes unrelated to his economic and working activity and who therefore provides the Supplier with his personal data and Inland Revenue Code at the time of making the purchase.
8.1. Exclusion of the right of cancellation. The right of cancellation is excluded in the following cases (pursuant to Italian D.Lgs. 206/2005): – purchase of tailor-made or customised goods or goods that by their nature cannot be re-dispatched or risk fast deterioration or alteration; and – purchase of newspapers, periodicals and magazines; – the provision of services which have commenced, in agreement with the Buyer, prior to the expiry of the term of ten days provided for under paragraph 1 of section 64 of Italian D.Lgs. 206/2005.
8.2 Method of exercising the right of cancellation. The Buyer may exercise the right of cancellation by sending, within the a fore mentioned term, a recorded delivery letter with return receipt to:
Wingedstore Srl Via Gobetti, 4 BIS – 20090 Caleppio di Settala (MI) ITALY This communication must contain all the information specified here below: 1. the order number for which cancellation is being exercised; 2. the express wish of the Buyer to wholly or partially cancel the purchase contract; 3. the description and codes of the items for which the Buyer is exercising the right of cancellation; 4. copy of the purchase document (invoice – receipt – transport document) relating to the cancelled order; 5. details of the Buyer’s bank (current account, banker’s association code, sort code, account holder if other than the Buyer). Failing the requirements as set forth in points 1, 2, 3 and 4 here above, the cancellation requests shall not be valid and therefore the order to which it refers shall remain valid and binding between the parties. To honour its side of the relationship the Buyer undertakes to preserve and carefully and duly protect the received products for which it intends to exercise the right of cancellation, keeping them intact together with the original internal and external packaging. Following receipt of the recorded delivery letter with which the Buyer notifies his wish to exercise the right of cancellation, the Supplier, having checked that the aforementioned requirements have been satisfied, shall send the Buyer via e-mail the number (called DDR) for returning the products to the Supplier. The Buyer undertakes to return the products for which the right of cancellation has been exercised no later than 15 (fifteen) days from notification of the DDR. The Buyer shall send the goods to the following address:
Wingedstore Srl Via Gobetti, 4 BIS – 20090 Caleppio di Settala (MI) ITALY taking care to clearly indicate the DDR number on the outside of the packaging. The transport expenses and risks for the return are fully charged to the Buyer. The return of products that are damaged, deteriorated or lacking in original accessories or equipment shall not be accepted by the Supplier and shall be returned to the Buyer with the debiting of transport expenses. Once the Supplier has received the goods in conformity with the foregoing and has carried out the due checks, it shall refund the Buyer as quickly as possible.
9. PRODUCT WARRANTIES.
The Buyer fully accepts at the time of purchase any commercial and service terms of warranty offered by the manufacturers of the purchased items that may be beyond the Supplier’s control and for which it is therefore not liable.
10. GUARANTEES GIVEN BY THE BUYER.
The Buyer guarantees, accepting all and every relevant liability and holding the Supplier harmless from any prejudicial consequence, that his personal data given at the time of accepting these terms of sale are true. The Buyer also guarantees that such data allow his true identity to be identified. The Buyer therefore undertakes to inform the Supplier immediately in writing, also via e-mail, of all and any change in the supplied data. The Buyer is given at the time of registration a user name (or User-ID) and the password (for access to the protected areas of the site), the combined use of which will identify the Buyer and will allow him to purchase on-line on the www.wingedstore.com site. The Buyer is therefore informed of the fact that purchase orders issued through the combined use of the user name and the password are valid and binding. The availability of both the user name and password to a third party would allow the latter to issue regular orders that oblige the Buyer (having been identified by user name and password) to accept receipt of the ordered goods and to pay the due amount. The Buyer is therefore required to keep both the identification code and the password duly confidential for the entire duration of the relationship with the Supplier. The Buyer is also informed of the need to give the Supplier a valid e-mail address so that the latter may forward the confirmations of order and any other communication.
11. LIMITATIONS OF LIABILITY.
Any information relating to the products sold by the Supplier is based exclusively on data published and made known by the respective manufacturers. The Supplier is therefore not responsible for compliance of the sold goods with the specifications published on the wingedstore.com site or on any other publication (periodicals, Internet sites, advertising posters, etc.). Neither can the Supplier be held liable for malfunctioning, interruption of services, decline in performance, whether due or not to force majeure or fortuitous event, unless directly attributable to the Supplier due to its negligence or serious fault.
12. ELECTRONIC COMMUNICATIONS.
The Buyer accepts that notification and communications concerned with all on-line services (including those relating to purchase orders) are made by the Supplier in electronic form via e-mail and via Web service. The Buyer acknowledges the full validity thereof and expressly renounces forthwith to refuse to acknowledge the contents of the declarations sent or received in electronic form. The Buyer is informed and accepts that the Supplier files technical File Logs in its systems pertinent to the traceability of operations of estimates and passing of orders and acknowledges the validity thereof for the purpose of reconstructing relationships in being if necessary. 12.1 Invoicing: issuing and receiving bills via e-mail A simple fiscal receipt will be issued for the goods, subject-matter of the order, and will be attached to the same. The Italian Ministry of Finance has for some years acknowledged the possibility of sending via computer systems (such as e-mail) the copy of the invoice addressed to the Buyer (VAT law, art. 21, art .22 paragraph 1, of Italian DPR (Presidential Decree) No. 633/72). On the basis of such legitimacy of computer transmission systems, Wingedstore.com exercises this faculty to send the invoice via e-mail in order to comply with the needs for rationalisation and simplification of the accounting procedures and to offer its Buyers an up-to-date solution in line with the development of invoicing systems in Italy. The invoice is considered as issued upon transmission of the same. The invoice is understood as received from the moment in which the data it contains are received at the e-mail address declared by the Buyer upon registering with Wingedstore.com, and in any case no later than the fifth day from transmission of the actual data by Wingedstore.com. We underline that the invoice in electronic format is only valid for tax purposes if printed out.
13. COST OF USING THE MEANS OF COMMUNICATION AT A DISTANCE.
The link-up costs exercised by the Provider used by the Buyer for the actual link-up are applied for all on-line services on the wingedstore.com site and the Buyer should contact the Provider for due information.
14. APPLICABLE LAW.
The Italian Laws are applied to all e-commerce services on the wingedstore.com site, the consumer acknowledging that he has voluntarily and freely accessed the wingedstore.com site and that no activity of promotion has been carried out at his residence by wingedstore.com or by any person appointed by the latter. Pursuant to sections 1341-1342 of the Italian Civil Code, the Buyer declares that he has read and specifically accepted the clauses as set forth under the following articles of the terms of sale on the wingedstore.com site: 6. (deadline term of forfeiture to complain for discrepancies); 9. (extraneousness of the Supplier to the commercial warranties provided by the Manufacturers); 10. (guarantees given by the Buyer and Buyer’s acceptance of liability); 11. (limitations of liability in favour of the Supplier); 12. (validity of electronic communications and renouncement by the Buyer not to acknowledge the contents of the same). 15. (competent court for Buyers with residence outside of Italy).
15. COMPETENT COURT
For any dispute concerning or arising from the performance hereof, the competent forum shall be designed in compliance with EC Regulation 44/2001 or Italian D.Lgs. 206/2005, depending on which results applicable.