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General Terms and Conditions of Sale

 

1. Subject
1.1. These General Terms and Conditions of Sale (hereinafter referred to as the “General Conditions”) govern Product purchases made remotely, via a telematic network, from the Website store.womostore.com (hereinafter referred to as the “Website”).
1.2. The owner of the Website is WOMO S.R.L. (hereinafter referred to as “WOMO”), with its registered office at via Giorgio e Guido Paglia no. 1/d – 24122 Bergamo, registered in the Bergamo Companies Register, Tax Code and VAT no. 03840760163, Bergamo R.E.A. no. 412779.
1.3 The Customer can contact WOMO by contacting through the following link: http://store.womostore.com/en-gb/inside-womo/contacts.html

2. These General Conditions
2.1. All purchases of Products made through the Website (hereinafter referred to as “Purchase Agreements”) by users that access it (hereinafter referred to as the “Customers”) are governed by these General Conditions, as well as any applicable law. The purpose of these General Conditions is to tell the Customer who WOMO are, how WOMO will provide Products to the Customer, how the Customer and WOMO may change or end the contract, what to do if there is a problem and other important information.
2.2. With the conclusion of Purchase Agreements, in accordance with procedure, the Customer accepts and undertakes to observe these General Conditions.
2.3. Before making any purchase, the Customer is therefore required to carefully read these General Conditions, which WOMO makes available to the Customer. The Customer is also encouraged to save a copy of these General Conditions.
2.4. WOMO may make changes to the content of the General Conditions at any time and without notice. The General Conditions published on the Website at the time the Customer places an order will apply to the relevant Purchase Agreement to which that order relates.

3. Products

3.1. The Website is an online store for cosmetics and men’s accessories in general, under the WOMO brand (hereinafter referred to as “Products”).
3.2. All Products offered are depicted on the Website, within their respective sections, organised by Product category.
3.3. The visual representation of Products on the Website, where available, is indicative, for illustrative purposes only, and is usually a photograph of a Product itself. These representations have the sole purpose of presenting the Products for sale and provide no guarantee or promise, on the part of WOMO, that the actual Product will look exactly like the image appearing on the Website, with particular reference to the actual size and/or colour of the Products and/or packaging. Although WOMO has made every effort to display the colours accurately, WOMO cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. The Customer’s Product may vary slightly from those images. The packaging of the Product may also vary from the images shown on WOMO’s Website.
3.4. If there is a difference between the image and the written Product description, the Product description shall always prevail.

4. Procedure for placing an Order
4.1. The Customer can purchase Products from WOMO. WOMO’s Product catalogue from time to time is set out in the WOMO e-catalogue, depicted in detail on the Website, within its respective sections and organised by Product category, and described in the related Product descriptions contained on the Website, by following the procedure described in these General Conditions.
4.2. In order to purchase Products, the Customer has the option to register on the Website by entering his/her information and following the instructions given by the registration programme, and must complete and send WOMO the electronic order form available on the Website, following the instructions given at the following link: http://store.womostore.com/en-gb/faq.html . Orders must be filled out completely and accurately. If the Customer does not want to register on the Website, Customer may still complete the purchase process, but will not be able to check the status of his/her orders.
4.3. The Customer must add the selected Products to his/her “Cart” on the Website and then, after viewing and accepting the shipping fee applicable to such Product(s), may proceed with the purchase.
4.4. If the Customer needs to modify his/her order or some information contained within it before completing the purchase, he/she must follow the appropriate modification procedure set out on the Website. In particular, the Customer can modify the amount of Products he/she wishes to purchase, adding or removing one or more Products from the Cart before purchase is completed.
4.5. Once this operation is complete, the Customer will see a screen containing a summary of his/her order, including the price of the relevant Product and any relevant shipping fees, with a request to confirm the purchase.
4.6. After viewing the summary, the Customer must select his/her payment method – either cash upon delivery, credit/ debit card or PayPal – and place the order by clicking on the appropriate button.
4.7 Customer has the right to cancel the order within half an hour after the order has been sent.
4.8 WOMO may make changes to the Products at any time to reflect changes to the law or relevant regulatory requirements.

 

5. Concluding the agreement
5.1. The posting of the Products displayed on the Website constitutes an invitation to the Customer to put forth a contractual purchase offer. The order sent by the Customer is valid as a contractual offer on these General Conditions.
5.2. Once the Customer’s offer is properly received, WOMO gives confirmation via an automatic reply sent to the e-mail address provided by the Customer, only confirming receipt of the offer in its computer system. That automatic reply does not constitute acceptance of the Customer’s contractual offer. This confirmation message will indicate the Customer’s “Order Number”, which should be referred to in any subsequent communication with WOMO. In addition to the information required by law, the message will display the relevant information entered by the Customer, who must verify its accuracy and promptly communicate to WOMO any corrections that need to be made. The Customer will be exclusively responsible for extra costs incurred by WOMO as a result of errors in the information that were not pointed out promptly by the Customer.
5.3. Each Purchase Agreement entered into between WOMO and the Customer shall come into force on acceptance of the Customer’s offer by WOMO, which shall take place once WOMO sends the Customer its order acceptance via e-mail or does any other act consistent with accepting the Customer’s offer, such as delivering the Products to the courier for shipment. The Customer shall receive the order acceptance when the Products are delivered to the courier responsible for shipment, with the related invoice being issued.
5.4. WOMO has the right to accept or not accept, at its own discretion, an order sent by the Customer, who may not make any claims of any kind, even for compensation, in the event the order is not accepted. No contract will come into place between the Customer and WOMO until the Customer’s order is accepted by WOMO in accordance with these General Conditions.
5.5. In particular, WOMO reserves the right to not accept purchase offers.
5.6. It is possible for Products offered to become unavailable from time to time; in this case, if the Products selected by the Customer are not available either in full or in part, WOMO will inform the Customer that such Products are unavailable and the part of the Customer’s order which relates to the unavailable Products will not be accepted by WOMO. The order will be sent with the available Products after informing the Customer of the unavailable products.

5.7. In the event that the Customer has registered an account with WOMO, every order can be viewed by the Customer on the Website, in his/her personal area, after being placed. An order can be cancelled by the Customer before it is sent to the warehouse for preparation. The Customer will be notified by e-mail of its order being sent to the warehouse.
5.8. The Customer can check the content of his/her orders at any time by accessing his/her personal account area on the Website (in the event that the Customer has registered an account), or by contacting WOMO’s Customer Service at http://store.womostore.com/en-gb/inside-womo/contacts.html. This information will be available for a period of 12 months following the Products’ delivery.

6. Product prices
All Product prices are clearly indicated on the Website and include VAT. Shipping fees are indicated appropriately on the Website at the time of placing the order. The cost of each shipment may vary depending on the Product, the method of delivery and payment, as well as the destination and total amount of the order.

7. Billing and payment method
7.1. WOMO issues invoices for purchased Products at the time the Products are delivered to the courier for shipment, sending them via e-mail to the Customer. The information provided by the Customer is used when invoices are issued. Information cannot be changed after the invoice is issued.
7.2. Payment will only be charged to the Customer’s account when the Products are delivered to the courier responsible for shipment. At this stage, WOMO will also issue the order’s invoice.
7.3. If the Customer cancels his/her order before shipment, in accordance with these terms (through the reserved account area, otherwise through a request to Customer Service by contacting http://store.womostore.com/en-gb/inside-womo/contacts.html whether or not using the cancellation form annexed to these terms), no amount will be charged to his/her account. Therefore WOMO will not have to make any refunds.
7.4. Payment for purchased Products is carried out with a credit card, PayPal or cash upon delivery, depending on the method specified:

Credit card online
The following credit cards are accepted: Visa, Mastercard.
All data is transferred in encrypted form through an SSL certificate.
In addition, data is entered directly on the bank’s Website to help ensure security of that data.
The amount of the order is not immediately charged to the card on acceptance of the order; this is done once the Products have been shipped.
When placing an order on the WOMO Website, a payment authorisation is exclusively requested for the amount indicated (at this time, an SMS / E-mail is often sent to the Customer from the bank that issued the card).
The authorisation does not imply the money being charged; it simply holds the corresponding amount.
Once the order is handed over to the courier or another subject tasked with shipment by WOMO, a charge for the amount owed is effectively requested.
This guarantees that the credit card is charged only when the Products are physically and definitively shipped and only for the amount of the definitively shipped Products.

PayPal
PayPal, an eBay group company, is a secure, quick payment system.
Once the order has been completed and PayPal has been chosen as the payment method, the buyer will be redirected to the PayPal Website, where he/she can access his/her account by entering his/her e-mail address and password.
After logging in, the buyer can proceed to payment via PayPal without having to re-enter his/her information, even for future purchases.
When choosing to pay with PayPal, the amount is charged directly to the credit card (Visa, Visa Electron, Mastercard) or to the prepaid card (PostePay) assigned. PayPal protects the buyer’s information, as financial information is not communicated.
For every transaction carried out through this method, PayPal will send a confirmation e-mail.
It should be noted that the order amount will be charged to the PayPal account at the time the courier receives the order. When placing an order on the Website, authorisation will be requested to verify the availability of funds on the Customer’s PayPal account, without any amount actually being charged.
If the order is cancelled, the amount is refunded to the Customer’s PayPal account.

Cash upon delivery (if available)
The user can pay the courier delivering the ordered Products directly.
For this payment method, only cash is accepted. The courier will not accept bank cheques or cashier’s cheques, and will not deliver the Products if it does not receive the exact amount indicated on the order. The courier is not authorised to give change.

7.5 It is always possible that, despite WOMO’s best efforts, some of the Products WOMO sell may be incorrectly priced in the Website. WOMO will normally check prices before accepting the Customer’s order so that, where the Product's correct price at the Customer’s order date is less than our stated price at the Customer’s order date, WOMO will charge the lower amount. If the Product's correct price at the Customer’s order date is higher than the price stated to the Customer, WOMO will contact the Customer for his/ her instructions before WOMO accepts the Customer’s order. If WOMO accept and process the Customer’s order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Customer as a mispricing, WOMO may end the contract, refund the Customer any sums paid and require the return of any Products provided to the Customer.

8. Delivery methods and fees
8.1. The delivery of Products will be carried out via a courier, and the times will vary depending on the destination. The dates indicated at the time of the order are solely indicative. WOMO will deliver the Products to the Customer as soon as reasonably possible and, where the Customer is based in the UK, within 30 days after the date on which WOMO accepts the Customer’s order.
8.2. WOMO ships to all the UK, and the delivery will take place without an appointment.
8.3. WOMO shall not be held liable to the Customer in any way if there is a delay in the order’s processing or in the delivery of the Products covered by the Purchase Agreement if that delay is due to an event outside of WOMO’s control. WOMO will contact the Customer as soon as possible to let the Customer know and will take steps to minimise the effect of the delay. If there is a risk of substantial delay the Customer may contact WOMO to end the contract and receive a refund for any Products the Customer has paid for but not received.
8.4. Ordered Products will be sent to the shipping address indicated by the Customer. When WOMO hands the Products over to the courier, the user will receive a shipping confirmation e-mail.
8.5. Deliveries will take place Monday through Saturday, during normal business hours, excluding national holidays. The delivery is deemed completed when the Product is made available to the Customer at the address indicated on the order form. If the delivery cannot take place due to the recipient’s absence at the specified address, the courier will send a notice and attempt delivery again the following days.
If the delivery can also not be made the following day due to the recipient’s absence, WOMO’s Customer Service team will try to contact the Customer. If WOMO’s Customer Service team is not able to contact the Customer, or if the delivery still cannot be made due to the Customer’s absence, the Products will be sent back to WOMO. WOMO may charge the Customer for storage costs and further delivery costs.
If, despite WOMO’s reasonable efforts, WOMO is unable to contact the Customer or re-arrange delivery, the Products are shipped back to WOMO, and within 30 (thirty) days from WOMO’s receipt of such Products, WOMO will refund any money the Customer has paid in advance for Products WOMO has not provided, but WOMO may deduct or charge the Customer reasonable compensation for the net costs WOMO incur as a result of the Customer’s absence, including any Product return fees and fees for holding at the courier branch responsible for delivery.
8.6. The termination of the agreement and the refund amount will be communicated via e-mail. The refund amount will be credited to the payment method used by the Customer for the purchase. If, before the thirty days have elapsed and before WOMO has cancelled the Purchase Agreement, the Customer requests to receive the purchased Products again, WOMO shall proceed with a new delivery, subject to delivery fees, fees for returning the Products to WOMO and holding fees, as may be notified to the Customer by WOMO.
8.7. When the Products are delivered by the courier chosen by WOMO, the Customer must carefully check:
a) That the anti-theft seal is intact and the packaging is not damaged or altered.
b) That the number of items delivered corresponds to what is indicated on the transport document.
8.8. If there is any damage to the anti-theft seal, the packaging or the Products, or if the amount of items/parcels or the indications do not correspond to the order, the Customer should dispute this by contacting WOMO through Customer Service at http://store.womostore.com/en-gb/inside-womo/contacts.html, specifying the order number for which such defects appeared. Defective Products will be dealt with in accordance with the procedure set out in clause 11 below. 8.9. Cases of force majeure (which is an event outside the reasonable control of WOMO), unavailability of transportation means, as well as unpredictable or inevitable events that cause a delay in delivery or make delivery difficult or impossible, or cause a significant increase in the shipping cost at the expense of WOMO, shall give WOMO the right to divide, return or cancel, either fully or partially, the planned delivery, or terminate the Purchase Agreement. In such cases, WOMO shall be responsible for providing a prompt and appropriate notice of its decision to the e-mail address indicated by the Customer. The Customer shall have the right to a refund of any amount already paid, and may not make any further claims of any kind against WOMO.
8.10 The Customer owns the Product once WOMO has received payment in full.
8.11 WOMO may need certain information from the Customer so that WOMO can supply the Products to the Customer. If so, this will have been stated on the website. WOMO will contact the Customer to ask for this information. If the Customer does not give WOMO this information within a reasonable time of WOMO asking for it, or if the Customer gives WOMO incomplete or incorrect information, WOMO may either end the Purchase Agreement or make an additional charge of a reasonable sum to compensate WOMO for any extra work that is required as a result. WOMO will not be responsible for supplying the Products late or not supplying any part of them if this is caused by the Customer not giving WOMO the information it needs within a reasonable time of WOMO asking for it. If WOMO ends the Purchase Agreement in accordance with this clause, WOMO will refund any money the Customer has paid in advance for Products WOMO has not provided but WOMO may deduct or charge the Customer reasonable compensation for the net costs WOMO will incur as a result of the Customer breaking the contract.

9. Coupons – Promotions
9.1. Any coupons or promotional codes can be entered when the Customer is entering his/her order. The system will update the total amount of the order, deducting the value of the coupon.
9.2. A coupon can be combined with other commercial initiatives only when it is expressly indicated.

10. The Customer’s right to cancel
10.1. Purchases made on the Website store.womostore.com are governed by these General Conditions, as well as the applicable law.
10.2. The consumer Customer (that being a physical person who purchases goods for non-business purposes) has the right to cancel the Purchase Agreement for any reason and without providing any explanation, within 14 (fourteen) days of receiving the Products. The Customer does not have this right to change his/ her mind where the Products are products sealed for health protection or hygiene purposes once these have been unsealed after the Customer has bought them or where Products have been mixed inseparably with other items after their delivery.
10.3. To exercise this right, the Customer must:
a) notify WOMO that it wishes to cancel by contacting WOMO at http://store.womostore.com/en-gb/inside-womo/contacts.html, using the cancellation form annexed to these terms or filling out the form that can be found at this link: http://store.womostore.com/en-gb/inside-womo/contacts.html. In the notice of cancellation the Customer shall indicate the order number and the Products for which he/she wants to exercise his/her right of withdrawal and, where using the online form, choosing the “Withdrawal” option. Alternatively, within 14 days from receiving the goods, the Customer can send a registered letter indicating that he/she wishes to make use of his/her right of withdrawal, specifying the order number and the Products for which he/she wants to exercise the right of withdrawal and indicating his/her reasoning as “right of withdrawal”;
B) Return the Products directly to the following address at the Customer’s cost:
WOMO c/o CEVA Logistics Italia S.r.l.
S.P. 122 della Francesca Km 7
24040
POGNANO (BG)
Italy
10.4. The Products must be sent back in perfect condition, new, unused, and with all of the tags and labels attached, this is an essential condition of exercising the right of withdrawal.
In cases where the Products appear to be worn or used, are missing any of the labels or tags, are fraudulent or were not purchased directly on WOMO’s Website, WOMO will not be able to accept the return and we will send such Products back to the Customer. Once the intactness of the returned Product is verified, WOMO will proceed to refund the Customer the entire amount paid for the Products under the Purchase Agreement subject to withdrawal, within and no later than 14 (fourteen) days from the Products’ return.
WOMO shall refund the full value of the order, or part of it if the withdrawal is partial, through a bank transfer or another method specifically agreed upon between WOMO and the Customer.
10.5. It is hereby specified that, in accordance with currently applicable regulations, WOMO shall refund the Customer the amounts it paid as the price for the Products. WOMO shall not refund the shipping fees paid by the Customer where the Customer cancels its order in accordance with this clause 10.
The Customer shall remain responsible for the fees necessary to return the Products subject to withdrawal to WOMO.
10.7 WOMO may cancel the Purchase Agreement at any time if the Customer does not make any payment to WOMO when it is due and the Customer still does not make payment within 14 days of WOMO reminding the Customer that payment is due. If WOMO ends the Purchase Agreement in accordance with this clause, WOMO will refund any money the Customer has paid in advance for Products WOMO has not provided but WOMO may deduct or charge the Customer reasonable compensation for the net costs WOMO will incur as a result of the Customer breaking the contract.

11. Product nonconformities and defective products
11.1. The images and colours of the Products published on the Website may differ from their actual appearance due to the local settings of the systems and/or devices used to view them.
11.2. In the event of nonconformity between the purchased Products and their description published on the Website, and in the event of a broken or defective product, the Customer has the right to an immediate refund for the non-conforming item. In order to verify that the Product is non-conforming, the Customer must notify us immediately by filling the form at http://store.womostore.com/en-gb/inside-womo/contacts.html.

To ensure prompt resolution, Customer must provide the order number and keep the box, packing materials and the damaged items for inspection by the carrier, furthermore WOMO can request that the Customer send photographs or send back the product. WOMO shall refund the delivery costs for a maximum amount equal to the costs of the least expensive delivery method that WOMO offers.
11.3. WOMO’s staff will then contact the Customer indicating possible refund methods or any possible replacement of the Products, at the discretion of the Customer, and WOMO shall have no further liability of any kind.

12. Processing of personal data
Customer data is processed by WOMO in accordance with what is provided for in current applicable regulations on the protection of personal data, as specified in the “Privacy Policy”.

13. Communications and claims
All communications or any claims by the Customer against WOMO with regard to Purchase Agreements must be sent through the appropriate contact form located on the following link: http://store.womostore.com/en-gb/inside-womo/contacts.html.

14. Intellectual property rights
Each trademark (whether registered or not), as well as each and every original work, distinctive feature, name, image, photograph, written text, graphic and, in general, any other intangible object protected by international laws and agreements on intellectual and industrial property, appearing on the Website remain the exclusive property of WOMO and/or or its predecessors-in-interest, and the Customer shall be granted no right to these objects by accessing the Website or entering into Purchase Agreements. Any use, even partial, of these objects is forbidden without prior written authorisation from WOMO, which exclusively reserves all related rights.

15. Summary of the Customer’s legal rights

WOMO are under a legal duty to supply products that are in conformity with the Purchase Agreement. See the box below for a summary of the Customer’s key legal rights in relation to the Product. Nothing in these General Conditions will affect the Customer’s legal rights.

Summary of the Customer’s key legal rights
This is a summary of the Customer’s key legal rights. These are subject to certain exceptions. For detailed information the Customer should visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. WOMO requires the Customer to return the Products which do not respect this to WOMO at the latter’s cost, according to paragraph 11.2 above. During the expected lifespan of the Product the Customer’s legal rights entitle the Customer to the following:
up to 30 days: if the goods are faulty, then the Customer can get an immediate refund.
up to six months: if the goods can't be repaired or replaced, then the Customer is entitled to a full refund, in most cases.
up to six years: if the goods do not last a reasonable length of time the Customer may be entitled to some money back.

16. WOMO’s Liability
WOMO are responsible to the Customer for foreseeable loss and damage caused by WOMO. If WOMO fails to comply with these General Conditions, WOMO are responsible for loss or damage the Customer suffers that is a foreseeable result of WOMO breaking this contract or our failing to use reasonable care and skill, but WOMO is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Customer and WOMO knew it might happen.

WOMO does not exclude or limit in any way its liability to the Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by WOMO’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Customer’s legal rights in relation to the Products including the right to receive products which are: as described and match information WOMO provided to the Customer and any sample or model seen or examined by the Customer; of satisfactory quality; fit for any particular purpose made known to the Customer; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

WOMO is not liable for business losses. WOMO only supply the products for domestic and private use. If the Customer uses the products for any commercial, business or re-sale purpose WOMO will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity. 17. Other Important Terms

Womo may transfer its rights and obligations under these terms to another organisation. If the Customer is unhappy with the transfer he/ she may contact WOMO to end the contract within [30 days] of WOMO telling the Customer about the transfer and WOMO will refund the Customer any payments made in advance for products not provided.

The Customer may only transfer his/ her rights or obligations under these terms to another person if WOMO agree to this in writing.

The Purchase Agreement is between the Customer and WOMO. No other person shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if WOMO delays in enforcing the Purchase Agreement, it can still enforce it later. If WOMO does not insist immediately that the Customer does anything he/ she is required to do under these terms, or if WOMO delays in taking steps against the Customer in respect of a breach by the Customer of this contract, that will not mean that the Customer does not have to do those things and it will not prevent WOMO taking steps against the Customer at a later date. For example, if the Customer misses a payment and WOMO does not chase the Customer but continues to provide the Products, WOMO can still require the Customer to make the payment at a later date.

These terms are governed by English law and the Customer can bring legal proceedings in respect of the products in the English courts. If the Customer lives in Scotland he/ she can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If the Customer lives in Northern Ireland he/she can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.

If the Customer has any complaints, requests or enquires about these terms or our Products, the Customer can contact WOMO at http://store.womostore.com/en-gb/inside-womo/contacts.html.
SCHEDULE
Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Womo S.r.l, via Paglia 1/D, 24122 Bergamo, Italy, tel. +39 035280111, fax +39 035 225761, e-mail: customercare-uk@customercare.womostore.it

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.

 

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