General conditions of sale
By placing an order, the customer declares to have read all the information provided to him during the purchase procedure and to fully accept the general and payment conditions. If the Customer is a consumer, i.e. a natural person who purchases the goods for purposes not related to his professional activity, once the online purchase procedure has been completed he will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of the articles. 3 and 4 of Legislative Decree 185 of 05/22/1999 on distance selling.
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Described below are the terms and conditions under which the owner offers users access to its services available on the website and application WWW.ALWAYSWANDS.COM
1. Definitions
To allow for complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:
- Owner: Moscato Chiara, e-mail address info@alwayswands.com;
- Application: the website and application WWW.ALWAYSWANDS.COM, managed by the Owner, which offers e-commerce for the purchase of artisanal and non-artisan "magic" themed products;
- Products: the products and/or services offered through the Application;
- User: the person who accesses the Application, without distinction of legal nature and purpose pursued, interested in the Products offered through the Application;
- Consumer: natural person who acts for purposes unrelated to any commercial, artisanal or professional business activity carried out;
- Conditions: this contract which governs the relationship between the Owner and users and the sale or supply of the products offered through the Application.
2. Stipulation, conclusion and effectiveness of the Conditions
The purchase contract for the Products is concluded by correctly completing and sending the order form. This form contains the details of the orderer and the order, the price of the Product purchased, any additional additional charges, the payment methods and terms, the address where the product will be delivered, the delivery times and the existence of the right of withdrawal as well as consent to the processing of personal data.
When the Owner receives the order from the User, he will send a confirmation e-mail or display a printable web page confirming and summarizing the order, which will also show the data referred to in the previous point.
The Conditions are not considered effective between the parties in the absence of what is indicated in the previous point.
The Owner may modify or simply update, in whole or in part, these Conditions. The User acknowledges and accepts that any changes to these conditions will apply to orders sent by Users after the date of communication of the change to the Conditions. The User is therefore invited to view the Conditions each time they access the Application and is advised to print a copy for future reference.
3. Registration
To be able to use some features of the Application, users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these Conditions. The User is responsible for safeguarding their access credentials.
It is understood that under no circumstances can the Owner be held responsible in the event of loss, diffusion, theft or unauthorized use by third parties, for any reason, of users' access credentials.
4. Account cancellation and termination
Registered Users may stop using the Products at any time and deactivate their accounts or request deletion through the Application interface, if possible, or by sending a written communication to the email address info@alwayswands .com
The Owner, in case of violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or close the User's account at any time and without notice.
5. Purchases on the Application
The purchase of one or more Products through the Application is permitted both to Users who have the status of consumers and to Users who do not have this status.Pursuant to art. 3, 1 paragraph, letter. a) of the Legislative Decree 206/2005 ("Consumer Code"), please note that consumers are natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out.The purchase is permitted to natural persons only on the condition that they are at least eighteen years of age.
The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the Application and the actual Product may appear. Furthermore, any photographs of the Products present on the Application do not constitute a contractual element, as they are only representative.
The User expressly gives the Owner the right to accept even partially the order placed (for example in the event that all the Products ordered are not available). In this case the contract will be considered finalized in relation to the Products actually sold.
The Owner reserves the right to refuse an order:
- when the product is not available;
- when authorization to charge the cost of the Product to the User is denied;
- when at the time of purchase an obviously incorrect and recognizable price is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund relating to the transaction carried out.
6. Prices and payments
The Owner reserves the right to modify, at any time, the price of the Products and any shipping costs thereof. It is understood that any modifications will in no case prejudice the contracts already concluded before the modification.
The sales prices of the Products include VAT, if due; any other tax and/or shipping cost to be paid by the User will be indicated before confirming the purchase.The User undertakes to pay the price of the Product purchased in the times and ways indicated in the Application.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, name of the holders, password, etc.).If these third-party tools deny payment authorization, the Owner will not be able to supply the Products and will not be responsible for any delay or failure to deliver.
7. Billing
The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the user will be considered as valid, which he declares and guarantees to be truthful, granting the Owner all the broadest indemnity in this regard.
8. Method of delivery of Material Products
Tangible Product means any movable good or digital good provided on a tangible medium offered through the Application. The material Products ordered will be delivered to the User, at the address indicated by the User, in the manner chosen by the User or indicated in the Application at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
Upon receipt, the User is required to verify the conformity of the product delivered with the order placed; only after this verification will it be necessary to proceed with signing the delivery documents, without prejudice to the right of withdrawal.If an order exceeds the existing quantity in the warehouse, the Owner will inform the User via e-mail whether the Product can no longer be booked or what the waiting times are to obtain it, asking whether he intends to confirm the order or not. .
The Owner assumes no responsibility for the delay or failure to deliver the Product attributable to causes of force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, to execute within the agreed times.
The Owner will not be liable to any party or third party for damages, losses and costs suffered as a result of failure to execute the contract for the causes mentioned above, the User having the right only to the refund of any price paid .
9. Right of withdrawal
The User who holds the status of consumer and who for any reason is not satisfied with the purchase made of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within 14 days starting from the date of delivery of the Product.It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases: supply of tailor-made or personalized Products.
In order to withdraw from the contract, the User must contact the Owner at the email address info@alwayswands.com. The User will be informed of the procedures regarding the return of the product. The sending of the communication may validly be replaced by the return of the purchased Product, provided within the same terms. The date of delivery to the post office or courier will prevail between the parties.
In case of withdrawal, the Owner will reimburse the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 30 days from the day on which the User communicated to the Owner of wanting to withdraw from the contract.The Owner will reimburse the User using the same payment methods used by the User for the online purchase.The User must return the Products at his own expense, unless the Supplier agrees to bear them, without undue delay and in any case within 14 days from the date on which he communicated to the Owner his decision to withdraw.
The User is responsible for the integrity of the product as long as the same good is in his possession and must take all appropriate measures to preserve the product and do everything possible to ensure that the product is returned in the best possible condition, including the original undamaged packaging, instruction manuals, accessories, any separate items and any other components. The Product must not have been subjected to manipulation other than that necessary to establish the nature, characteristics and functioning of the product.
The Owner will not consider return requests if the returned Product is malfunctioning due to improper use, negligence, physical, aesthetic or superficial damage or alterations, tampering or improper maintenance or wear and tear.</p >
10. Conformity guarantee
All Products that fall into the category of "consumer goods", as regulated by art. 128, 2nd paragraph of the Consumer Code, sold through the Application are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code.The legal guarantee of conformity is reserved for Consumers. It, therefore, applies only to users who have made the purchase through the Application for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the product, the User has the right to have the product restored to conformity, without charge. To this end, the User can normally choose between repairing the product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the User has the right to an adequate reduction in the price or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has not repaired or replaced it within a reasonable time; iii) the replacement or repair caused significant inconvenience to the consumer.
If the User intends to take advantage of the remedies provided by the legal guarantee accompanying the Products, he must contact the Owner at the e-mail address info@alwayswands.com. The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the defect reported.
11. Exclusion of Warranty
The Application is provided "as is" and "as available" and the Owner does not provide any express or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or which will never be uninterrupted or error-free or free from viruses or bugs.
The Owner will work to ensure that the Application is available uninterruptedly 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the control of the Owner or for events of force majeure.
12. Limitation of Liability
Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its sub-suppliers.Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User following the failure to execute the contract for reasons not attributable to him, the User having the right only to a possible full refund of the price paid and any additional charges supported.
The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the services purchased, if he/she demonstrates having adopted all possible precautions based on the best science and experience at the time and on the basis of ordinary diligence.
The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees) from any obligation or liability , including any legal costs incurred to defend oneself in court, which may arise due to damage caused to other Users or third parties, in relation to the Content uploaded or the violation of the terms of the law or the terms of these Conditions.
Therefore, the Owner will not be responsible for:
- any losses that are not a direct consequence of the violation of the contract by the Owner;
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or presumed savings, loss of contracts or business relationships, loss of reputation or goodwill value, etc.);
- incorrect or unsuitable use of the Application by Users or third parties;
- the issuing of incorrect tax documents due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion.
In no case will the Owner be held liable for a sum greater than double the cost paid by the User.
13. Force majeure
The Owner cannot be held responsible for failure or delayed fulfillment of his obligations, for circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable and, in any case, independent events by will such as, by way of example and not exhaustively, failures or interruptions to telephone or electricity lines, the internet network and/or other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in provision of third party products, services or applications.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which force majeure events occur.
The Owner will carry out any action in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
14. Links to third party sites
The Application may contain links to third-party sites. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites.Some of these links may lead to third-party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
15. Waiver
No waiver by either party of any provision of these Terms will be effective unless it is expressly stated to be a waiver and communicated in writing.
16. Invalidity of individual clauses
If any provision of these Conditions is illegal or invalid, it will not be considered part of the conditions and this will not affect the remaining provisions which will continue to be valid to the maximum extent permitted by law.
17. Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page https://alwayswands.com/index.php?id_cms=7&controller=cms
18 Applicable law and jurisdiction
These Conditions and all disputes regarding their execution, interpretation and validity are subject to Italian law and the exclusive jurisdiction of the court of the place where the Owner is based.
If the User is a consumer pursuant to art. 3 of the Consumer Code, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right to the consumer User to appeal to a judge other than that of the "consumer court" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in the articles. 18, 19 and 20 of the civil procedural code.
19. Online dispute resolution for consumers
The Consumer resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve non-judicial disputes relating to and/or deriving from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform to resolve any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/