General Terms and Conditions of Sale

Date published on the website and date of entry into force 19/06/2019


1. Purpose


1.1. These general terms and conditions of sale (“Terms and Conditions”) apply to products under the trademark “Womo e Bullfrog” (“Products” or individually, “Product”) acquired through the e-commerce site (the “Site”) by users known as “Consumers” in accordance with Article 1.2. The website is owned by Womo S.r.l., with registered office in Bergamo, at Via Giorgio e Guido Paglia no. 1/D, Tax reference and VAT no. 03840760163 (“Owner”), and is managed by Triboo Digitale S.r.l. - a member of the Triboo group of companies - with registered office in Viale Sarca 336 20126 Milan, Italy, Tax reference, VAT and Milan Business Register no.: 02912880966 (“TRIBOO DIGITALE”).

1.2. TRIBOO DIGITALE sells Products through the Site on behalf of the Owner. Products will be purchased through the Site from TRIBOO DIGITALE, which will be the seller (“Seller”), and the individual purchasing one or more Products for purposes not connected to his or her commercial, artisanal or professional business, will be the purchaser (“Consumer”) (Seller and Consumer will be known collectively as the “Parties”). Sales orders, including delivery of the Products, will be fulfilled directly by the Owner.

1.3. The Owner is not a party to these Terms and Conditions, but owns the rights to the Site’s domain name, its logos and trademarks, which relate to the Products presented on the Site, and owns the copyright for the contents of the Site.

1.4. Any communication from the Consumer connected with and/or relating to the purchase of the Products - including any reports of faults, complaints, requests concerning the purchase and/or delivery of the Products, exercising the right of withdrawal, etc. - must be sent to the Seller using the details and methods indicated on the Site and by e-mail to: customercare@womostore.com

1.5. All purchases are regulated by the version of the General Terms and Conditions of Sale which is published on the Site at the moment the Consumer sends the order.

1.6. The Site is dedicated to retail sales and as such is meant for the exclusive use of Consumers. Individuals/entities who are not Consumers are requested not to place purchase orders. If one or more sales are made to individuals/entities who do not qualify as Consumers, these Terms and Conditions will apply but, in derogation from what is set out in them:

a)      the purchaser will not have the right to withdraw as per Article 10;

b)     the purchaser will not benefit from the guarantee on the Products indicated in Article 8;

c)     the purchaser will not be entitled to any protections, set out here in favour of the Consumer, which reflect or are in accordance with irrevocable legislation;

d)     the sales contract concluded between the Seller and the purchaser will be regulated by Italian law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.

 

1.7. At the same time as the purchase order is sent, the Consumer accepts that confirmation of the information relating to the order sent and these Terms and Conditions will be sent via e-mail to the address given by the Consumer when he or she registered to the Site or during the purchase process.

1.8. To make purchases through the Site, the Consumer must be over the age of 18 and have legal capacity to act, which the Consumer will declare to possess.

1.9. The Consumer is fully liable for any expenses for connecting to the Site via the Internet, including telephone charges, in accordance with the tariffs applied by the operator chosen by the Consumer.


2. Characteristics of the Products and their availability in different geographical areas


2.1. The Products are sold with the characteristics described on the Site and in accordance with the Terms and Conditions published on the Site when the Consumer sends the order, excluding all other terms and conditions.

2.2. The Seller reserves the right to amend these Terms and Conditions at any time, at its discretion, without the need to give notice to users of the Site. Any amendments made will be effective from the date they are published on the Site and will apply only to sales concluded starting from that date.

2.3. Prices, Products placed for sale on the Site and/or their characteristics, may be changed without notice. These changes will only apply to orders not yet confirmed on the date the change was made. In any case, prior to sending any purchase order in accordance with point 3 below, the Consumer will be invited to check the final sale price.

2.4 The Site can be accessed worldwide. However, the Products available on the Site can only be purchased by users who request delivery to one of the countries indicated on the Site.

 

3. Method of purchasing the Products - Conclusion of each sales contract


3.1. Presentation of Products on the Site, not binding on the Seller, represent a mere invitation aimed at the Consumer to formulate a contractual purchase proposal and not an offer to the public.

3.2. Purchase orders sent by the Consumer to the Seller via the Site are deemed to be contractual proposals and are regulated by these Terms and Conditions, which form an integral part of the order and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before purchasing the Products, by sending the purchase order, the Consumer is requested to carefully read these Terms and Conditions and the policy on the right of withdrawal, to print a copy using the “Print” command and to store them or make a copy for his or her personal use. The Consumer is also requested to identify and correct any errors made when entering his or her personal data.

3.3. The Consumer’s purchase order is accepted by the Seller when the Consumer receives an order confirmation e-mail at the address declared to the Seller when he or she registered to the site or when the Consumer sent the order, if he or she is not registered to the Site. The order confirmation e-mail will contain a link to these Terms and Conditions, a summary of the order made, including a detailed breakdown of the price, delivery costs and applicable taxes, and a description of the characteristics of the Products ordered. The Consumer’s order, the Seller’s order confirmation and the Terms and Conditions that apply to the relationship between the Parties will be stored electronically by the Seller on its IT systems and the Consumer may request a copy of them by sending the Seller an e-mail to: customercare@womostore.com.

3.4. Each sales contract for the Products is deemed concluded when the Consumer receives the order confirmation e-mail from the Seller.

 

4. Procedure for selecting and purchasing the Products


4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and entering them into the virtual sales basket. Once the Products have been selected, to purchase the Products in the basket, the Consumer will be invited: (i) to register on the Site, providing the information required, or (ii) to log in, where the Consumer is already registered or (iii) to provide his or her data to complete the order and allow the contract to be concluded. If the information provided in the order is different from the information provided when the Consumer registered on the Site, the Consumer will be requested to confirm his or her information (including, but not limited to: name, surname, etc.), and the address where the selected Products are to be delivered, the billing address and, optionally, a telephone number on which the Consumer can be contacted for any communications regarding the purchase made. The Consumer will see a summary of the order to be made, and may modify the contents. Therefore, the Consumer, after carefully reading it, must expressly approve these Terms and Conditions by ticking the appropriate box on the Site and, finally, by pressing the “Complete order” button, the Consumer will be asked to confirm his or her order, which will be definitively sent to the Seller and will produce the effects described in paragraph 3.2 of this contract. The Consumer will also be requested to choose the delivery method and payment method, from those available. If the Consumer decides to pay immediately (at the same time as making the order) by using a credit card or PayPal, he or she will be required to communicate his or her relevant data by using the secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal details indicated by the Consumer. If payment is made using a credit card, the purchase amount will only be debited when the order confirmation is sent by the Seller to the Consumer.

4.2. If, when selecting the Products on the Site, as referred to in point 4.1, the price of one or more Products which the Consumer intends to select for subsequent purchase is clearly lower than that which is normally applied, net of any discounts and/or promotions in force at that time, caused by an evident technical problem with the Site, the Consumer is requested not to complete the purchase order and to report the error to the Seller’s Customer Services department by sending an e-mail to customercare@womostore.

 


5. Delivery of goods and acceptance


5.1. The Site indicates the availability of Products and the related delivery times. However, this information is to be considered as purely indicative and not binding on the Seller.

5.2 The Seller agrees to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to deliver the Products no later than 30 (thirty) days from the day after that on which the Consumer has sent the order. If the Seller does not execute the order, owing to unavailability, even temporary, of the Product, the Seller will notify the Consumer in writing and will repay any amounts already paid by the Consumer for the Products in accordance with paragraph 5.3. If the Consumer has chosen to pay by bank transfer, the delivery period will begin when the Seller receives the payment.

5.3. The Products ordered by the Consumer will be delivered using the method selected by the Consumer from those available and indicated on the Site at the moment the order is sent. The Consumer agrees to promptly check that the delivery includes all Products purchased and to promptly inform the Seller of any defect in the Products received or if they do not conform to the order made, in accordance with the procedure referred to in Article 8 of these Terms and Conditions. If no report is received, the Products are deemed to be accepted. If the packaging or wrapper containing the Products ordered by the Consumer should reach the destination in a clearly damaged state, the Consumer is requested to refuse delivery from the carrier or to accept the delivery “with reservations”.

 

6. Prices, delivery costs, taxes


6.1. The price of the Products is that which is indicated on the Site when the Consumer sends the order. Prices include standard packaging, VAT (where applicable) and any indirect taxes (where applicable), whilst they do not include delivery costs which are calculated before the Seller sends the order confirmation to the Consumer and which the Consumer agrees to pay to the Seller in addition to the price indicated on the Site.

6.2. The Consumer must pay the total price to the Seller, as shown on the order and on the order confirmation e-mail sent by the Seller to the Consumer.

6.3. If the Products must be delivered to a country that is not part of the European Union, the total price indicated on the order and reiterated on the order confirmation, including indirect taxes (where applicable) is net of any customs charges and any other sales taxes, which the Consumer agrees as of now to pay, if owed, in addition to the price indicated on the order and confirmed on the order confirmation, in accordance with what is set out in the legislation of the country in which the Products will be delivered. The Consumer is requested to obtain information from the relevant bodies in his or her country of residence or country to which the Products are to be delivered, regarding any customs charges or taxes applied in his or her country of residence or country to which the Products are to be delivered.

6.4. The Consumer is solely liable for any further cost, charge and/or tax which a country may apply, for any reason, to the Products ordered in accordance with these Terms and Conditions.

6.5. The Consumer declares that not knowing about the costs, charges, customs charges and/or taxes referred to in paragraphs 6.3 and 6.4, when sending an order to the Seller, cannot constitute a cause of terminating this contract and that the above charges may not be debited to the Seller.

 

7. Payments


7.1. Payment of the price of the Products purchased through the Site must be made no later than 10 (ten) days from the date the Seller sends the order confirmation to the Consumer. The Consumer expressly accepts that the Seller will execute the contract from the moment the price of the Product(s) purchased is credited to the Seller’s current account.

7.2. Payment may be made with a credit card or via PayPal, under the terms and conditions set out below. The Seller may allow other payment methods, indicating them in the payments section of the Site.

7.3. If payment is made via credit card, the Consumer will be transferred to a secure site and the credit card data will be communicated directly to Global Collect Service BV, with registered office in Amsterdam (Holland), at Planetenweg 43-49, 2132 HF, Hoofddrop, enrolled in the Amsterdam Chamber of Commerce under umber 34140462, which is an operator that deals with payments on behalf of the Seller. The data transmitted will be sent securely, using 128-bit SSL (Secure Socket Layer) encryption. These data are not accessible, even by the Seller.

7.4 The Seller will promptly send the Consumer, where set out by applicable law, electronically via e-mail to the address provided by the Consumer, the tax receipt relating to the purchase, if the Products purchased are destined to be delivered within Italy. In all other cases, a paper copy will be attached to the Products purchased.

 

8. The Seller’s legal guarantee of conformity, reporting defects in conformity and guarantee activities


8.1. In accordance with European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (“Consumer Code”), the Seller guarantees the Consumer that the Products will be free from design and material defects, and that they will conform to the descriptions published on the Site, for a period of 2 (two) years from the date the Products are delivered to the Consumer. No guarantee will apply in the event that a Product is used or cleaned in a manner for which the Product was not designed and not in accordance with the instructions/warnings on the subject provided by the Seller and/or the Owner, or that are set out in relevant illustrative documentation, on tags or on labels.

8.2. Under penalty of this guarantee ceasing, the Consumer is responsible for reporting any defects and non-conformances by and no later than 2 (two) months of discovery, sending the appropriate form [click here to download the returns form] correctly completed via e-mail to the Seller’s Customer Service department at customercare@womostore.com. The form must contain an indication of the defect and/or the non-conformance identified, and must include the related documentation indicated on the returns form (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt).

8.3. Once the form and the related documentation have been received, the Seller will assess the defects and non-conformances reported by the Consumer via the Owner’s assistance service and, after carrying out the quality checks aimed at verifying the actual non-conformance of the Product, will decide whether or not to authorise the return of the Products, replying to the Consumer and including a “Return Code”, via e-mail to the address given by the Consumer when he or she registered to the Site or when sending the order. Authorisation to return the Products does not in any way constitute recognition of defects or non-conformances. The existence of any defects or non-conformances will be certified after the Products are returned. Products which the Seller has authorised to be returned must be returned by the Consumer, together with a copy of the return authorisation communication, showing the “Return Code”, to the address below, within 30 (thirty) days of the defect or non-conformance being reported:

WOMO S.r.l. c/o CEVA Logistics Italia S.r.l.

S.P. 122 della Francesca Km 7,

24040 - Pognano (BG) - Italy

8.4. In the event of a defect or non-conformance, the Consumer has the right to have the Seller restore the Product to conformance, via repair or replacement, or to alternative remedies in the cases expressly set out by Article 130 of Italian Legislative Decree no. 206/2005.

If the Seller has agreed to refund the price paid to the Consumer, the refund will be made, where possible, using the same payment methods used by the Consumer to purchase the Product or via bank transfer. The Consumer is responsible for notifying the Seller, by e-mail to customercare@womostore.com, of his or her bank account details to make the transfer in his or her name and to ensure that the Seller is able to repay the amount owed.


9. Liability for damage from defective products


9.1. With regard to any damage caused by defective Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Seller, as distributor of the Products via the Site, is free of any liability, without exclusion and/or exception, indicating, where requested by the affected Consumer, the identity and domicile of the related producer.



10. Right of withdrawal


10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer has the right to withdraw from any contract concluded in accordance with these Terms and Conditions, without having to provide any reason and without any penalty, within 14 (fourteen) days of (i) the Product being delivered or (ii) in the event that multiple Products are delivered separately on only one order, when the last Product is delivered.

10.2 To exercise the right of withdrawal, the Consumer, before the deadline referred to in point 10.1, must access the “My Returns” page on “My Account” or, if the Consumer is not registered on the Site, by accessing the dedicated page and inserting the order number and e-mail address used to make the purchase. Alternatively, the Consumer may send explicit declaration of the decision to withdraw via the contact form or to customercare@womostore.com, using the attached withdrawal form.

10.3 After following the instructions set out in point 10.2, the Consumer will receive a withdrawal confirmation e-mail containing, in the event that the Consumer has received the ordered Product in the meantime, the return form to include in the package, and the instructions to return the product, to be sent no later than 14 (fourteen) days later to:

WOMO S.r.l. c/o CEVA Logistics Italia S.r.l.

S.P. 122 della Francesca Km 7,

24040 - Pognano (BG) – Italy

10.4 If the Consumer has received the Product, he or she is required to return it to the address given above without undue delay and, in any case, no later than 14 days from the date on which he or she has communicated withdrawal. The deadline is deemed to have been met if the Consumer returns the goods before the 14-day period expires. The risks and direct costs of returning the goods, and proving that they have been returned, are the Consumer’s responsibility. If the Consumer exercises his or her right to withdraw via the Site, before confirming the withdrawal request, the cost of returning the goods will be indicated where the Consumer wishes to use the returns service offered by the Site.

10.5 In the event of withdrawal, the Consumer will be refunded the payments already made, including delivery costs (except for supplementary costs deriving from any delivery option used other than the less costly standard delivery offered), without undue delay and, in any case, no later than 14 days from exercising the right of withdrawal. These repayments will be made using the same method of payment used by the Consumer for the initial transaction, unless the Consumer requests repayment to be made using another method of payment. In this case, the Consumer is responsible for any additional costs deriving from the different method of payment. Repayment may be suspended until the returned goods are received or until the Consumer provides proof that he or she has sent the goods back, whichever is first.

10.6 The Consumer is responsible for any reduction in the value of the goods resulting from handling them in a manner other than that which is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example, showing signs of wear, abrasion, dents, scratches, deformation, etc.), do not include all of their elements and accessories (including labels and tags that are unaltered and attached to the product), are not complete with any included instructions/notes/manuals, original packaging and wrapping and the original certificate of guarantee, where present, the Consumer will be liable for the reduction in value of the good, and will have the right to receive a refund for the residual value of the Product. To this end, therefore, the Consumer is requested not to handle the good other than what is strictly necessary to establish the nature, characteristics and functioning of the Products and to put the Products back in their original packaging with other protective packaging which will conserve their integrity and protect them during transport including from writing or from labelling.



11. Intellectual property rights


11.1. The Consumer declares that he or she is aware that all trademarks, names and all distinctive marks, designations, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Womo S.r.l. with registered office in Bergamo at via Giorgio e Guido Paglia no. 1/D, Tax reference and VAT no. 03840760163 and/or its successors, without the Consumer having any rights to them from accessing the Site and/or purchasing the Products.

11.2. The Site’s contents may not be reproduced, in full or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior consent of Womo S.r.l., with registered office in Bergamo at via Giorgio e Guido Paglia no. 1/D, Tax reference and VAT no. 03840760163.


12. Consumer data and protection of privacy


12.1. To register on the Site, to send orders and to conclude the contract on the basis of these Terms and Conditions, the Consumer is requested to provide some personal data. The Consumer acknowledges that the personal data provided will be stored and used by the Seller in accordance with (EU) REGULATION 2016/679 (“GDPR”), to make each purchase via the Site and, with the Consumer’s consent, for any other activity as indicated on the privacy policy provided to the Consumer through the Site when registering.

12.2. The Consumer declares and guarantees that the data provided to the Seller during registration and purchase are true and correct.

12.3. The Consumer may at any time update and/or modify the personal data that he or she provides to the Seller through the “My Account” section of the Site which can be accessed after logging in.

12.4. For further information on the method of processing the Consumer’s personal data, please see the Privacy Policy, and carefully read the General Terms and Conditions of Use.


 13. Security


13.1. Although the Seller adopts measures aimed at protecting personal data from loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has logged in, cannot be accessed or viewed by unauthorised third parties.

13.2. With regard to data relating to credit card payments, the Seller uses the services of Global Collect Service BV which adopts technological systems aimed at guaranteeing the highest levels of reliability, security, protection and confidentiality when sending information via the Internet.

 


14. Applicable law, attempts at conciliation and jurisdiction


14.1. Each sales contract concluded between the Seller and Consumers in accordance with these Terms and Conditions will be regulated and interpreted pursuant to Italian law and in particular to the Consumer Code, with specific reference to distance selling legislation, and Italian Legislative Decree no. 70 of 9th April 2003 on some aspects concerning electronic commerce. Exceptions will be made for any rights attributed to Consumers by irrevocable legal provisions in force in the country in which the Consumer lives.

14.2. In the event of disputes between the Seller and a Consumer, we guarantee as of now that we will participate in an attempt at friendly conciliation which each Consumer may initiate before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which enables a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in an amicable and secure manner via Internet. For more information on how RisolviOnline works or to request conciliation, please go to www.risolvionline.com.

14.3. As an alternative to the attempt at conciliation referred to at point 14.2, the Consumer also has the right to access the European Online Dispute Resolution platform (the “European ODR Platform”) to resolve any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in accordance with EU Directive 2013/11/EU and EU Regulation 524/2013, for the purposes of facilitating independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales contracts or online services between a consumer who is resident in the European Union and a professional established in the Union through activities of an ADR (alternative dispute resolution) body which is a member of the platform, and can be chosen from a suitable list available via the platform. For more information on the European ODR Platform or to begin alternative dispute resolution proceedings, through this platform, for a dispute relating to this contract, please go to: http://ec.europa.eu/odr. The Seller’s e-mail address to be indicated on the European ODR Platform is: customercare@womostore.com

14.4. If there is no attempt at conciliation as referred to in point 14.2 or 14.3, or this attempt is unsuccessful, the dispute will fall under the legal jurisdiction of the Consumer’s place of residence or domicile.