ART. 1 INTRODUCTION
These general terms and conditions of sale apply to all purchases of products bearing the WeRoad Srl trademark made through the e-commerce website weroad.shop by users classified as "consumers" under Article 2, namely natural persons who act for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activities, if any.
The website is owned by WeRoad Srl, an Italian company with its registered office at Viale Cassala 30 - 20143 Milan (MI), VAT number 10380820968, and registration number in the Milan Business Register MI-2526851. The website is operated by Glint Company S.r.l. with its registered office at Viale Cassala 30 Milan, Italy, tax code and VAT number 11198260967, registered with the Milan Business Register 02912880966 ("Glint").
Glint is responsible for the sale, payment management, refunds, and invoicing related to the products offered through the website. Purchases made through the website will involve Glint, as the seller (the "Seller"), and the consumer buyer who purchases one or more products for purposes unrelated to their commercial, entrepreneurial, artisanal, or professional activities.
WeRoad Srl retains all rights to the website domain name and copyright in relation to the website and its contents.
Any communication from the consumer regarding the purchase of products, including any reports, complaints, requests regarding the purchase and/or delivery of products, the exercise of the right of withdrawal, etc., must be sent to the Seller (Glint) at the address and using the methods indicated on the website or through the addresses specified in the articles related to the individual consumer rights under these conditions.
Each purchase is subject to these general terms and conditions of sale in the version published on the website at the time the consumer places the order. The website is intended for the exclusive use of consumers. In no case can non-qualifying individuals purchase products on the website. The seller of the sales will have the right to refuse orders that, at its sole discretion, it deems to have been placed by non-consumer individuals.
If one or more sales are nevertheless made to a non-qualifying consumer, these general terms and conditions of sale will apply, but derogating from them:
a) the purchaser will not have the right of withdrawal under Article 10;
b) the purchaser will not have the right to warranties on the products listed in Article 8 or any other legal warranties;
c) no other consumer warranties provided for by law will be recognized in favor of the purchaser.
Art. 2. DEFINITIONS
Electronic commerce contract: a contract for the sale or provision of services under which the Seller or its intermediary offers goods or services through a website or other electronic means, and the Purchaser (consumer) places an order for such goods or services on such website or through other electronic means organized by the Seller.
Sale contract: any contract under which the Seller transfers, or undertakes to transfer, ownership of goods to the Purchaser and the latter pays, or undertakes to pay, the price.
Service contract: any contract, other than a sale contract, under which the Seller provides or undertakes to provide a service to the Purchaser and the latter pays, or undertakes to pay, the price.
Consumer Code: refers to the consumer protection regulations set forth in Legislative Decree No. 206 of September 6, 2005, as last amended (hereinafter referred to as the "Consumer Code").
Purchaser: the term "Purchaser" means a natural person who is acting for purposes that are outside his or her trade, business, craft or profession (Article 3(a) of the Consumer Code).
Seller: the term "Seller" means a natural or legal person who is acting in the course of his or her trade, business, craft or profession, or its intermediary (Article 3(c) of the Consumer Code).
Manufacturer: the manufacturer of the finished product or one of its components (Article 115, paragraph 2-bis, of the Consumer Code).
Compliance with the Contract: Goods are considered compliant with the Contract if they meet the following conditions, where relevant: i) they are suitable for the use for which goods of the same type are normally used; ii) they correspond to the description given and possess the qualities of the goods presented as a sample or model; iii) they have the usual qualities and performance of a good of the same type that the Purchaser can reasonably expect, taking into account the nature of the goods and, if applicable, the public statements made about the specific characteristics of the goods by the Seller, the Manufacturer or its agent or representative, in particular in advertising or labelling; iv) they are also suitable for any particular use desired by the Purchaser and communicated to the Seller at the time of conclusion of the Contract and accepted by the Seller, even by conduct (Article 129, paragraph 2, of the Consumer Code).
Defective goods: goods are defective if they do not provide the safety that can be legitimately expected taking into account all circumstances, including:
a) the way in which the goods were put into circulation, their presentation, their apparent characteristics, the instructions and warnings provided;
b) the use for which the goods can reasonably be intended and the behaviors that can reasonably be foreseen in relation to them;
c) the time when the goods were put into circulation. Goods cannot be considered defective solely because a further improvement of them has been put on the market at any time.
ONLINE SALE OF GOODS
3.1 With the Contract, the Seller sells to the Buyer, who purchases through telematic tools, the goods offered on the Site.
3.2 The CLIENT_ website presents the catalog of goods and/or services promoted online by the Seller. Such goods are accurately represented on the Site.
3.3 The Seller cannot guarantee a timely and accurate correspondence between the actual consistency of the goods promoted online and their representation on the Buyer's monitor. In case of discrepancies between the image of the goods visible online and the corresponding written information sheet, the latter will exclusively prevail.
UPDATING THE ONLINE CATALOG - AVAILABILITY OF GOODS
4.1 Through its computer system, the Seller ensures the processing and fulfillment of the order without delay, according to the procedures set forth in Article 5 of these General Online Sales Conditions. The Seller's electronic catalog indicates in real-time the available and unavailable goods, as well as the expected delivery times. The Seller confirms the registration of the order as soon as possible, forwarding the specific confirmation (so-called Order Receipt) to the Buyer by email.
4.2 If an order exceeds the warehouse availability, or for other reasons, the item is not available, it is the Seller's responsibility to promptly communicate to the Buyer the unavailability of the relevant good and, if possible, the waiting times to obtain it, asking for confirmation of the order again according to the different timing indicated by the Seller. Such communication will take place via email or telephone.
DESCRIPTION OF TECHNICAL PHASES NEEDED TO CONCLUDE THE CONTRACT
5.1 The contract between the Seller and the Buyer will only be concluded online. Once the Buyer has accessed the e-Shop, they must follow the procedures/instructions indicated therein to formalize the purchase of goods and/or services by completing the formats prepared by the Seller. If the Buyer intends to purchase online, they must duly select the desired goods and/or services one at a time, placing them in the cart configured by the Seller. Once the desired goods and/or services have been selected, the Buyer will be asked to close their cart by sending the list of desired references to the Seller. Before sending, a confirmation card will be displayed to confirm the purchase order of the selected goods and/or services, with indication of their respective prices, as well as the options given to the Buyer, who will have to identify the delivery, transport, and payment methods for the execution of the contract. Through the order confirmation, the Buyer agrees to check and validate, before sending, their personal data, the goods/services subject to the contract, their prices, with any shipping costs and/or additional charges, confirming the chosen payment methods and delivery address, as well as any other required data. The order confirmation format informs the Buyer in advance about the execution times of the contract, recalling the right of withdrawal, as well as other rights reserved by law to the Buyer. After performing the required checks, it will be the responsibility of the Buyer to select the interactive button - located at the bottom of the web page - by clicking on the box "Confirm purchase order with obligation to pay," thus forwarding the order to the Seller.
5.2 The online publication of goods and/or services through the Site constitutes a simple invitation to offer so that the Buyer formulates their purchase proposal. In this sense, the Buyer's order, previously confirmed by them, constitutes only a contractual proposal, subject to these general online sales conditions, which the Buyer declares to know and accept. The order confirmation - duly completed and verified as per instructions - will be acknowledged by the Seller with a receipt sent to the Buyer's email address solely for the purpose of confirming receipt in the Seller's computer system, which will then begin to process the order, verifying the data provided by the Buyer, such as the availability of the requested items. The Seller's receipt does not constitute acceptance of the purchase proposal. This receipt - with an attached "Order Number" to be used in all communication with the Seller - repeats, in addition to the information required by law, all the above data, which the Buyer will verify again by promptly communicating to the Seller any necessary corrections. If there is an incorrect indication of prices or other characteristics of goods and/or services promoted online, such as the unavailability of the requested goods, the Seller will promptly notify the Buyer, inviting them to make - if still interested - a correction to the order, or, after canceling the previous order, to submit a new one, according to the methods that will be promptly communicated.
5.3 The Seller has the right to accept or reject the order sent by the Buyer, without the latter being able to advance any rights and/or claims of any kind, even compensatory, for the non-acceptance of the order itself. The contract will only be concluded when a separate email (or message in the communication center on the Site or equivalent) of acceptance of the purchase proposal is sent, which will also contain information about shipping and the expected delivery date (Shipping Confirmation). If the order is fulfilled with different shipments, the Buyer may receive separate and distinct Shipping Confirmations.
PAYMENT OF PRICE, TAXES AND ANY INCIDENTAL CHARGES
6.1 The Buyer agrees to pay the price requested for the goods purchased online, according to the times and methods indicated on the Site.
6.2 The prices of the goods promoted through the Site, like any other expense related to the invitation to offer, are expressed in Euros.
6.3 The prices are inclusive of VAT and any other taxes. The shipping costs, as well as any incidental charges such as customs clearance, if present, although not included in the sale price, will be indicated and calculated by the Seller in the purchase procedure, before sending the order confirmation, and clearly specified in the order summary (order receipt).
METHODS, TIMING AND SECURITY OF PAYMENTS AND ANY REFUNDS
7.1 Payment for goods/services purchased online will be made according to the method chosen by the Buyer, among those expressly allowed by the Seller and clearly specified in the weroad.shop section of the Site. The use of the aforementioned payment methods does not entail any additional cost for the Buyer, subject to any costs borne by the Seller, duly proven and communicated to the Buyer.
7.2 Any refunds to the Buyer will be credited using one of the methods proposed by the Seller and chosen by the Buyer, and, in the case of withdrawal, within a maximum of 14 days from when the Seller received the returned goods at the destination address. However, the Seller may postpone the refund until receipt of the goods or until the Buyer has provided adequate proof of having returned them.
7.3 All communications related to payments take place on a dedicated encrypted line, which guarantees the storage of such information with a high level of security and in compliance with the current regulations on the protection of personal data.
DELIVERY TERMS AND METHODS
8.1 The Seller shall deliver the ordered goods without undue delay, no later than 30 days from the conclusion of the Contract, using the methods indicated on the website or, alternatively, chosen by the Buyer.
8.2 If the Seller is unable to ship the goods within the above-mentioned deadline, he/she shall promptly notify the Buyer via email or telephone using the contact details provided during the online registration and order submission.
METHODS OF STORAGE/ARCHIVING OF CONTRACTUAL DOCUMENTS
9.1 In accordance with Art. 12 of Legislative Decree No. 70/2003, as well as Arts. 50-51 of the Consumer Code, the Buyer is informed that every online order sent will be stored and archived in digital and/or paper format by the Seller, according to appropriate confidentiality and security criteria. For any copies or other requests in this regard, the Buyer is invited to contact the Seller at the following address: email@example.com.
TERMS AND METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL
10.1 The Buyer has the right to withdraw from the Contract, without penalty and without specifying the reason, within 14 calendar days from the day on which the Buyer acquires physical possession of the goods.
10.2 The right of withdrawal may be exercised by communicating with the Seller via email at the address firstname.lastname@example.org.
10.3 The Buyer must return the goods without delay and, in any case, within 14 days from the date of sending the communication of withdrawal to the Seller. The Buyer shall be responsible for the direct costs of returning the goods to the Seller. The Buyer is required to take every possible precaution in the shipment, using the original packaging or equivalent materials that preserve the integrity of the goods and protect them adequately during transport. The return of the goods following the exercise of the right of withdrawal must be made to the following address: Viale Cassala 30 - 20143 Milano (MI), Italy.
10.4 The Seller will refund the price of the goods for which the right of withdrawal has been exercised within 14 days from the receipt of the returned goods at the Buyer's shipping address. Generally, the Seller will use the same means of payment chosen by the Buyer for the initial transaction, unless the Buyer has opted for a different method of payment; in this case, any additional costs resulting from the different means of payment chosen by the Buyer will be borne exclusively by the Buyer. The Seller may withhold the refund until the goods are received or until the Buyer provides proof of having returned them.
10.5 Returned products must be unused and intact, in their original packaging complete with all parts (including packaging, documentation, and accessories).
10.6 Upon receipt of the communication in which the Buyer expresses his/her intention to exercise the right of withdrawal, all obligations connected to the Contract shall cease, subject to what is provided for in this Article.
10.7 In compliance with Art. 59 letter "e" of Legislative Decree No. 21 of 21/02/2014, the right of withdrawal cannot be exercised for goods that are not suitable to be returned for hygiene or health protection reasons. Returns of articles intended to come into contact with intimate parts of the person (e.g., underwear, bodywear, swimwear, monokinis, etc.) cannot therefore be accepted in any case.
CONFORMITY WARRANTY, CLAIMS, AND PROTECTION ACTIVATION; OTHER POSSIBLE WARRANTIES
11.1 The Buyer is guaranteed conformity of the goods to the Contract within the two-year period (2 years) from their delivery. Unless proven otherwise, any lack of conformity that occurs within 6 months (six months) from the date of delivery of the goods is presumed to have already existed on that date, unless this is incompatible with the nature of the goods or with the lack of conformity in question.
11.2 In the absence of conformity of the goods to the Contract, the Buyer may request, alternatively and without expenses, the repair or replacement of the purchased goods, or a price reduction, or the termination of the Contract, unless the request is objectively impossible to satisfy, or excessively onerous for the Seller pursuant to art. 130, paragraph 4, Consumer Code. If repair and replacement are impossible or excessively onerous, or the Seller has not provided for the repair or replacement of the goods within the agreed-upon terms or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his discretion, a price reduction or the termination of the Contract.
11.3 The Buyer forfeits any right related to the Conformity of the goods to the Contract if he does not report the alleged lack of conformity to the Seller within 2 months (two months) from the date of its discovery. The aforementioned term does not apply if the Seller has expressly acknowledged the defect or knowingly concealed it. In any case, the report must specify the non-conformity found, as well as at least one photograph of the relevant goods, all accompanied by the fiscal receipt of the Seller proving the purchase made.
11.4 The Buyer must send the report and related requests, alternatively, to one of the following addresses: i) Viale Cassala 30 - 20143 Milan (MI), Italy for communications via registered mail with return receipt; ii) or, via PEC, to the following certified email address email@example.com, or via ordinary email to the address firstname.lastname@example.org. Once the report/request and related documentation have been received, the Seller will evaluate the lack of conformity reported by the Buyer and, after having carried out the necessary verifications, will authorize, or not, the return of the goods, providing the Buyer with a "Return Code" sent via email to the address provided during the transmission of the order. The authorization to return the goods does not constitute recognition of non-conformity. The goods - for which the Seller has authorized the return - must be returned to the address expressly indicated, together with a copy of the authorization for the return containing the "Return Code" and in full compliance with the precautions set out in Art. 10.3.
11.5 If the Seller is required to reimburse, in whole or in part, the price paid by the Buyer, the refund will be made, where possible, by the same means of payment used by the Buyer at the time of purchase of the goods, or, alternatively, by bank transfer. It will be the responsibility of the Buyer to communicate to the Seller, already in the report/request, the bank details to make the transfer in his favor and to ensure that the Seller is in a position to return the amount due.
11.6 The right to replacement is subject to the following conditions:
the purchased goods must be returned unused and intact, in their original packaging complete in all its parts (including packaging and documentation and accessory equipment);
the shipment, up to the attestation of receipt in our warehouse, is under the complete responsibility of the customer. We do not respond in any way for damages or theft
In case the item is damaged during transportation, it will be our responsibility to promptly notify the customer of the incident (within 5 working days from receiving the item), in order to enable them to file a complaint with the chosen courier and obtain reimbursement for the value of the item (if insured);
If instead the return is returned intact in all the above points, it will be our responsibility to refund the cost of the merchandise only (not the shipping costs) after 10 days from receiving the return.
11.7 All products (excluding underwear and perishable goods) can be exchanged if returned in the original conditions of sale, therefore unused or worn, with intact packaging, any packaging material, and warranty seals.
The product exchange can be made within 14 days:
for in-store purchases: from the date of purchase; for online purchases: from the moment of receiving the package; for orders with Local Pick Up: from the moment the order is marked as "completed". The products can be replaced with the same item in a different size or color. Otherwise, if the customer wishes to receive a different item, it is possible to receive a coupon (of the same value as the item that needs to be exchanged) usable on the e-commerce website.
The products can be exchanged under the same conditions as above, but only with other discounted products in the same merchandise category.
Shipping costs are always borne by the customer unless the returns are caused by defective products or order errors made by WeRoad.
NON-IMPUTABLE NON-PERFORMANCE - UNAUTHORIZED PAYMENTS
12.1 The Seller shall not be liable for non-performance or delayed performance of the Contract if it depends on disruptions attributable to force majeure, fortuitous events, or otherwise not attributable to the Seller.
12.2 The Seller assumes no responsibility for any fraudulent, illegal, or irregular use of credit cards, checks, or other means of payment, attributable to intentional or negligent conduct, even in the case of slight fault, of the Buyer with respect to the obligations of custody and timely communication to the issuer of said means of payment.
DEFECTIVE PRODUCTS, COMPENSABLE DAMAGES, AND RELATED BURDENS OF PROOF
13.1 The Manufacturer is liable for damages caused by defects in the goods promoted/sold through the Site. Pursuant to Article 116 of the Consumer Code, it will be the Seller who is responsible for the damage caused by the defect of the goods sold if he fails to communicate to the damaged party, within three months of the request referred to in the following third paragraph, the identity and domicile of the Manufacturer, or of the intermediary who provided him with the goods in question.
13.2 The damaged party may request compensation for damages caused by death or personal injury, or by the destruction or deterioration of something other than the defective goods, provided that it is normally intended for private use or consumption and used as such by the damaged party. In this latter case, pursuant to Article 123 of the Consumer Code, damage to something other than the defective goods will only be compensated to the extent exceeding the amount of € 387.00 (three hundred and eighty-seven euros). In any case, it will be the responsibility of the damaged party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.
13.3 The request for damages, which must be drawn up exclusively in writing, must specify the goods that caused the damage, as well as the date and place of their purchase. Furthermore, if still in existence, it will be the responsibility of the damaged party to offer the goods in question for inspection, according to the instructions given by the Manufacturer, or Seller, or by third parties indicated by them.
13.4 Compensation for damages will be excluded if the damaged party, aware of the defect of the goods and the related dangers, has nevertheless voluntarily exposed himself to it. In the presence of fault on the part of the damaged party - who, using ordinary diligence, could have avoided the damage suffered - the compensation requested will be excluded or reduced in proportion to the severity of the fault attributable to the victim.
13.5 Any liability for the consequences resulting from a defective good is to be excluded if the defect itself is attributable to compliance with an imperative legal norm or other binding measure, or if the state of scientific and technical knowledge at the time the good was put into circulation did not yet allow it to be considered defective.
SPECIFIC HYPOTHESES FOR AUTOMATIC TERMINATION OF THE CONTRACT
14.1 The punctual payment of the goods purchased online, in accordance with Article 6.1 of these General Terms and Conditions of Online Sales, as well as the payment of any further charges and/or obligations under Article 6.3, are essential obligations of the Contract.
14.2 In the event of non-fulfillment of these obligations, except where justified by force majeure, the Contract shall be automatically terminated by operation of law under Article 1456 of the Italian Civil Code.
PROCESSING OF THE BUYER'S PERSONAL DATA (REFERENCE TO SPECIFIC INFORMATION)
15.1 The Seller protects the Buyer's personal data, guaranteeing their full compliance with the relevant regulations and, in particular, with Regulation 679/2016 as well as with the relevant national laws (Privacy Code, as last amended by Legislative Decree 101/2018).
CONTACT DETAILS OF THE SELLER AND THE BUYER
16.1 Official communications addressed to the Seller, such as any claims from the Buyer, will be valid only if sent by registered letter with return receipt to Viale Cassala 30 - 20143 Milan (MI) Italy, or by email to the following address email@example.com, or to the following certified email address (PEC) firstname.lastname@example.org.
16.2 The Buyer indicates, in the registration form on the Site or in the order confirmation form, their place of residence or domicile, their telephone contact details, and the email address to which communications from the Seller will be sent.
AVAILABLE LANGUAGES AND INTERNATIONAL USE OF THE SITE
17.1 The Site and related services are available in Italian.
17.2 These General Terms and Conditions of Online Sales are available in Italian. If translated into other languages, the only legally binding version will be the Italian version.
17.3 Accessible from computers, tablets, smartphones, or other devices, wherever located, the Site promotes goods and/or services mainly intended for the national market. Orders from third countries, unless otherwise specified below, will be accepted and processed as per agreements. In this case, unless otherwise agreed, delivery will take place at the Seller's headquarters. However, the Seller/Manager reserves the right to suspend/terminate, with short notice and without any penalty, any activity of promotion, marketing, sale, supply of goods and/or services through the Site, if legal/fiscal/customs obstacles, or, in any case, objective (and not subjective related solely to the User's geolocation), prevent the receipt of the order and/or the execution of the Contract with Users residing or domiciled in third countries.
18 ONLINE OUT-OF-COURT DISPUTE RESOLUTION
18.1 As per EU Regulation 524/2013, the Buyer is informed of the option to defer the resolution of any dispute with the Seller - regarding the offer and purchase of goods and/or services promoted online - to entities/companies/offices active in alternative dispute resolution (ADR), through web-based procedures that are simple, fast, and economical (ODR - Online Dispute Resolution).
18.2 For information on the aforementioned ODR procedures, please visit the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
COMPETENT COURT AND APPLICABLE LAW TO THE CONTRACT
19.1 Any dispute between the Seller and the Buyer concerning the Contract and its execution will be governed by Italian law and administered, unless derogated, by the consumer court. In any case, the Buyer will be guaranteed the rights conferred by the mandatory consumer protection laws in force in their country of residence and/or domicile.
19.2 For the reference standards regarding the competent court and applicable law to the Contract, please refer to Article 66 bis of the Consumer Code, Article 18 of EU Regulation 1215/2012, Article 6 of EU Regulation 593/2008, and finally, Articles 3 and 57 of Law No. 218/1995.