General Terms and Conditions of Sale
These general conditions of sale and the contractual relations between warew and the buyer are governed by Italian law. In the event of a dispute, before initiating any judicial action, the parties undertake to seek an out-of-court solution.
We welcome you to the site www.warew.it (the "Site").
We invite you to carefully read these general conditions of sale (hereinafter "GCS"), as well as the Privacy Policy and the Cookie Policy that regulate navigation on this Site as well as our relationships in case you order Products and Services on this Site.
Any purchase of a product offered on the Site requires consultation and explicit acceptance of the GCS. A handwritten signature on your part is not required for acceptance.
Pursuant to the applicable laws and regulations relating to electronic signature, please note that the validation of the purchase order, as specified in these GCS, constitutes an electronic signature, which has the same value between the parties as the handwritten signature, which is valid as proof the purchase order and the collectability of the sums due under the aforementioned order.
In the context of these GCS, the following is agreed: "You" or the "Buyer" means the person who browses the Site and / or purchases products on the Site; "We" or the "Seller" means the company identified in the above legal notices; the Buyer and the Seller will be jointly referred to as the "Parties" and individually the "Party".
Terms of purchase
The Products and services we offer on the Site are reserved for:
(i) adults (or minors who hold an authorization from the person exercising parental responsibility and which allows you to place an order on the Site);
(ii) people in possession of the full legal capacity to place orders on the Site.
We reserve the right at any time to ask you for an identity document certifying your age and / or the aforementioned authorization.
We reserve the right not to process a purchase order and / or to exclude from our customer / potential customer database any Buyer who has not responded to the above request or who has not complied with the principles set out in this clause.
It should be noted that the Products are intended for the personal use of the Purchaser, that their purchase must not have any connection with the latter's professional activity, including the resale of the Products themselves.
Products and prices
Products
The cosmetic products offered for sale on the Site, as well as any related ancillary services and / or complementary products (hereinafter "Products") are those present on the Site on the day of the consultation and / or navigation on the same by the Purchaser.
If a Product is not available, the Buyer is informed of this unavailability:
• at the time of placing the order (a message appears indicating that the product is temporarily unavailable), or
• after the validation of the order and before delivery, by e-mail.
In the event that the Buyer requests the cancellation of the entire order, the Seller undertakes to reimburse the Buyer the sums paid by the latter within a maximum period of 14 (fourteen) days from the date of receipt of the request. , depending on the payment method used by the Buyer.
The Buyer is informed that the photographs and texts illustrating the Products are subject to change.
Prices
The prices are indicated in Euros (€) and are valid throughout the Italian territory.
The prices take into account any discounts and VAT applicable on the day the order is placed.
It should be noted that any promotions granted in the form of discount coupons are valid only for a single order per user and in a specific period of validity and cannot be combined with other discounts.
The Seller reserves the right to change prices at any time; however, the Products are billed based on the rates in force at the time of order registration, subject to their availability.
Registration and validation of the order
How to enter an order
To place an order, the Buyer must first connect to the Site.
Subsequently, the Buyer can learn more about the various Products offered for sale on the day of the Site consultation and choose the Products
(i) browsing the various categories of Products or
(ii) by directly typing the name of the Product into the search engine or
(iii) by clicking on one of the pages in the Site map shown at the bottom of each page, thus accessing the entire range of products.
While browsing the Site, the Buyer who wishes to place an order can do so by simply clicking on the button to add the Product to the cart. Once this is done, the Buyer will see the number of Products in their cart.
We inform the Buyer that the contents of the cart may be subject to an expiration period.
The Buyer can continue the visit or click on the cart to view its contents, viewing all the elements of the order, the fundamental characteristics of the Products, the total amount of the order, the billing and delivery data, the timing, the costs and any delivery limitations as well as the legal rights and guarantees available to the Buyer.
The Buyer can return to his order, complete it, modify it, cancel it if he has not yet validated it. If the Buyer wishes to choose other Products, he can continue browsing the Site, making sure that the Product (s) he has selected is / are present in his cart.
The Purchaser has the possibility, at any time of processing the order - that is, up to the actual payment under the conditions set out in these GCS - to return to his order, complete it, modify it, cancel it until it has actually been validated.
Once the selection of the Products has been completed, the Buyer can validate the order using the appropriate button. At that point, a new page will open inviting the Buyer to:
• provide username (e-mail address) and password if the Buyer is already registered on the Site,
• to click on the button that allows you to change the shopping cart and / or information relating to your personal data.
The Buyer undertakes to fill in the form made available to him in good faith.
The Buyer acknowledges that the data communicated by him to the Seller and stored in the information systems of the Seller and / or subcontractors are accurate and constitute proof of his identity.
Please note that such personal data will be processed in compliance with the Privacy Policy.
After viewing the order, the Buyer is invited to:
• click on the button that allows you to access the payment of the order, under the conditions described in these GCS, or
• to click on the button that allows you to change the shopping cart and / or information relating to your personal data.
By clicking on the button that allows you to access the payment of the order, the Buyer must firstly read these GCS and subsequently confirm his consent to all the GCS, activating an acceptance confirmation action requested by the Site (such as ticking a box).
As soon as the Buyer confirms acceptance of the GCS, an Internet page dedicated to order payment opens. The Buyer must then proceed with the payment of the order under the conditions described in these GCS.
The data recorded by the Seller constitute proof of all transactions between the Seller and the Buyer.
Order confirmation
Once the order has been confirmed and payment has been validated in the manner provided above, a printable and saveable summary of the Buyer's order is displayed, showing the references of the purchase order itself.
The Seller will send, as soon as possible, an e-mail confirming the order to the e-mail address communicated by the Buyer, with the following information:
- The identity of the Seller and his contacts,
- the order reference registered at the time of the order,
- the order summary and the basic characteristics of the products,
- the timing, costs and any delivery limitations,
- the total amount of the order, including taxes,
- the rights and legal guarantees available to the Buyer,
- confirmation of payment.
The Seller retains ownership of the ordered Product (s) until the Seller has fully collected the price and ancillary costs, including shipping costs.
In the event of payment problems, the Buyer undertakes to return the products received to the Seller from the first request.
In order to protect the Seller from possible fraud and in the event that the Seller or the online payment service provider suspects the fraudulent nature of an order, the Seller or the payment service provider reserves the right to ask the '' Buyer (before processing the order) additional documents (in particular proof of domicile and debit in the name of the Buyer, photocopy of the Buyer's identity card, photocopy of the Buyer's credit card) for the purpose of verify the non-fraudulent nature of the order.
In the absence of a reply from the Buyer within 15 (fifteen) days following the sending of the request by the Seller or the online payment service provider, the order will be canceled and the Seller will proceed within 14 (fourteen ) days after the expiry of the aforementioned term to the refund of the order according to the payment method used by the Buyer.
Proof of order
By explicit agreement between the Seller and the Buyer, the e-mail messages are authentic between the Parties, as well as the automatic registration systems used on the Site, in particular with regard to the type and date of the order.
The Buyer can access, if necessary, in accordance with the rules of common law, the electronic contract stipulated between the Buyer and the Seller.
To this end, he must contact the Customer Service to which he will provide all the necessary information, in particular the order number and its details.
Payment
The amount due by the Buyer is that indicated in the order confirmation and displayed on the dedicated internet page and subsequently sent by e-mail from the Seller to the Buyer.
At the time of order validation, the Buyer can choose between different payment methods.
Payment can be made:
• immediately via the Internet, by credit card (Visa, Amex, Mastercard);
• through Paypal.
The order is validated by the Seller only upon acceptance of the GCS and verification and confirmation of the validity of the payment.
In any case, the Seller reserves the right to refuse any order or any delivery in the event of:
(I) exceeding the maximum thresholds indicated in Article 1 - "Purchase Conditions" of these GCS,
(II) ongoing dispute with the Buyer,
(III) total or partial failure to pay a previous order by the Buyer,
(IV) refusal of credit card payment authorization by banking institutions,
(v) non-payment or partial payment.
Delivery and receipt
Delivery methods
Once prepared, the order is sent to the postal address communicated by the Buyer at the time of placing the order.
The Products are delivered by postal services or by a specialized supplier (hereinafter the "Carrier").
In the absence of the Buyer, the Transporter leaves a notice of passage in the Buyer's letterbox. The product will be available for collection at the nearest post office.
Timing
Orders are prepared by the warew logistics center in Italy, and are delivered by the courier chosen by warew (DHL Express).
The Purchaser can follow the path of his order through the appropriate link that will be sent together with the electronic communication of the shipment.
The estimated delivery times are shown in the table below and considered from the date the order was placed. The estimated time is indicative and may be subject to changes.
Estimated times: Delivery methods ** Estimated time Delivery times 5-7 working days
* valid if an order is placed before 12 noon on a working day. If, on the other hand, the order is placed after 12 noon or during a non-working day, the estimated delivery time requires an additional working day.
** for destinations such as the Islands, the delivery time may need an extra working day.
Delivery delays
warew is not responsible for delivery problems due to events or situations beyond its control, including cases of delays attributable to the transport service or loss of products.
In case of delays, please inform Customer Service as soon as possible by contacting us through our email address: customercare@warew.jp.
The courier will then be contacted to carry out the related checks. The Buyer is informed that carrying out an audit is an uncertain and relatively long process that the Seller cannot control.
In case of exceeding the maximum delivery time of 30 (thirty) days, the Buyer can exercise the right of withdrawal by contacting Customer Service.
Starting from the exercise of the right of withdrawal, the Seller reimburses all the sums paid by the Buyer (including delivery costs), according to the payment method used by the Buyer, within a maximum period of 14 (fourteen) days from receipt of the notification, with the exclusion of any other compensation.
Delivery can be made in several moments. Therefore, in case of partial delivery, the right of withdrawal can be exercised only with reference to the part of the order that has not yet been delivered.
If during the verification the order is found, it is immediately redirected to the place of delivery indicated in the order.
If at the end of the verification the loss of the order is confirmed, the Seller carries out a new shipment of the Product (s) to the Buyer at its expense or, in the event of definitive unavailability, reimburses the Buyer the sums collected on the debited bank account. when ordering.
Receival
Each delivery is considered to have been made from the moment the Product (s) is made available to the Purchaser by the Transporter.
It is up to the Buyer to immediately check, upon receipt of the Product (s), the conformity and integrity of the Product (s) shipped, reporting any anomalies or defects on the Transporter's delivery receipt.
Any defect must be notified within the shortest possible time to the Seller's Customer Service. A copy of the complaint forwarded to the Transporter must be attached.
Legal guarantees
Pursuant to articles 129 et seq. of Legislative Decree n. 21/2014 (Consumer Code), the Seller is required to deliver to the Buyer Products that comply with the order placed by the Buyer.
Products are presumed to be compliant if:
• they are suitable for the use for which goods of the same type are usually used;
• they comply with the description provided by the Seller and possess the qualities of the goods that the Seller presented to the Buyer as a sample or model;
• present the qualities that a Buyer can legitimately expect taking into account the nature of the goods and the public statements made by the Seller on the specific characteristics of the goods;
• are suitable for the particular use desired by the Purchaser that has been brought to the attention of the Seller by the Purchaser who has accepted it.
Likewise, pursuant to Article 1490 of the Civil Code, the Seller is required to ensure that the Products sold are free from hidden defects that make them unsuitable for their intended use or that appreciably decrease their value.
If the Products delivered do not conform to the Products ordered by the Buyer or if they have hidden defects, the Buyer must send an e-mail to the Seller's Customer Service to communicate the non-conformity or hidden defects of his / her Product (s). /the.
The Purchaser has 2 (two) years from the delivery of the purchased Products to exercise the warranty against hidden defects and must be asserted by the Purchaser within two months of the discovery of the defect.
Any claim made after the aforementioned 2 (two) deadline will be rejected and warew will be released from any liability.
Following the report of non-compliance or the presence of defects, the Seller's Customer Service will confirm that it has received the Buyer's request and will inform him of the procedure to be followed.
The Product (s) must be strictly
(I) returned complete (s), unused (s), in the original intact packaging e
(II) accompanied by the original packaging as well as the return note provided by the Seller's Customer Service and the invoice.
The Seller will not accept packages that are not postage paid. Any risk associated with the return of the Product (s) is borne by the Buyer.
Upon receipt of the allegedly non-compliant Product (s) or affected by a hidden defect, the Seller will carry out a check of the Product (s) to ascertain their conformity.
Likewise, the Seller may carry out a quality test on the Product (s) returned by the Buyer to verify that the Product (s) returned is / are the original Product (s).
It is understood that these checks are carried out as soon as possible and within a maximum period of 1 (one) month.
If the non-compliant nature of the Product / s is confirmed or if the hidden defect is confirmed, the Seller will proceed, at the Buyer's choice:
• to reimburse the non-compliant Product (s) or affected by a hidden defect, as well as shipping costs, depending on the payment method used by the Purchaser, within 14 (fourteen) days of receipt of the / of the non-compliant or defective Product (s), or;
• at the request of the Purchaser, upon exchange of the non-compliant Product (s) or affected by a hidden defect.
The sending of the Product (s) to the Buyer is carried out at the expense of the Seller and under the conditions of these GCS.
Right of withdrawal
In full compliance with art. 52 of Legislative Decree n. 21/2014 (Consumer Code), the Purchaser has a period of 14 (fourteen) days, starting from the day of actual delivery of the order, to withdraw from the purchase contract for the Products, without having to give reasons or pay penalties, with the exception of the shipping costs to make the return which are borne by the Buyer.
In the event of the purchase of multiple Products delivered at different times, the aforementioned term will run from the receipt of the last item in the purchase order.
In case of failure to exercise the right of withdrawal within the period of 14 (fourteen) days referred to above, the order is considered final and no refund can be made.
The right of withdrawal may be exercised exclusively by the Buyer and not by third parties.
The Purchaser may exercise the aforementioned right of withdrawal within the terms established by filling in the withdrawal form delivered with the order, as per Annex 1 to Legislative Decree no. 21/2014, or in free form drawn up by the Buyer with an explicit declaration of the decision to withdraw from the contract, to be sent to Chimar s.r.l, Via Pesadori 5, 26013 Crema (CR), Italy.
The Seller will confirm that it has received the Buyer's request for withdrawal.
The Purchaser has a period of 14 (fourteen) days, starting from the date on which he communicated to the Seller that he wishes to exercise the right of withdrawal, to send Chimar s.r.l, Via Pesadori 5, 26013 Crema (CR), Italy, the / i Complete product / s, not used / s, in their original intact packaging and, if possible, accompanied by the original packaging, the return note and the invoice.
The direct cost of returning the Products is borne by the Buyer.
In case of failure to return the Products within the period of 14 (fourteen) days referred to above, the order is considered final and no refund can be made.
The Seller undertakes to reimburse the Buyer all the sums paid. The refund is made according to the payment method used by the Buyer for the initial transaction, within a maximum period of 14 (fourteen) days from the Buyer's exercise of the right of withdrawal.
The reimbursement of the sums may be postponed until the return of the Products by the Purchaser or until the Purchaser demonstrates that he has returned the goods, whichever is earlier.
Pursuant to art. 59 of Legislative Decree n. 21/2014 (Consumer Code), the right of withdrawal referred to in this article is excluded in the following cases:
• waiver expressly expressed by the Buyer;
• supply of tailor-made or clearly personalized products;
• supply of sealed Products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
• supply of Products combined with other Products (for example: individual Products within a box consisting of different Products).
For any further information on the extension, content and instructions relating to the exercise of the right of withdrawal, the Buyer can contact the after-sales service at the following e-mail address: customercare@warew.jp.
Various
Major force
Neither party will be responsible for total or partial non-fulfillment or delay in the execution of its obligations under this contract that are caused by an event that cannot be prevented (hereinafter the "Force Majeure Events").
Force Majeure Events may include, but are not limited to, wars, riots, riots, serious disturbance of Internet security, technical failures, unauthorized access and / or intrusion into the website servers, strikes of any form, telematic or telephone failures, etc.
The party that assumes that a Force Majeure Event has occurred or there is a risk, must inform the other Party within 5 working days of the event or the aforementioned risk.
The Parties agree to meet in order to jointly determine the terms and conditions for completing orders during the presence of a Force Majeure Event.
After 1 (one) month of interruption due to a Force Majeure event, warew may choose to cancel orders and reimburse the Buyer, where due.
Partial nullity
If one or more clauses of these GCS will be considered null or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, the other clauses will remain valid and effective.
Entire agreement
These GCS and the summary of the order sent to the Buyer form a contractual whole and constitute the entirety of the contractual relationships stipulated between the Parties.
In case of discrepancy between the aforementioned documents, these GCS will prevail.
Modifica delle CGV
It should be noted that the Buyer can save or print these GCS, provided that they are not modified.
The GCS in force can be consulted at any time under "terms and conditions" accessible from all pages of the Site via the footer.
The Seller may, at any time, update these GCS.
Each updated version of these GCS will be made available on the Site in the dedicated section: warew therefore invites all users to periodically consult the Site to always be informed of the latest version uploaded.
Applicable law and competent court
Italian law applies to the GCS and contractual relationships between warew and the Buyer.