These General Terms and Conditions of Sale concern the purchase of Wikini and Woxer products via a data transmission network on the www.wikini.it site and www.woxer.it, belonging to Wadigi Srl with registered office in Genoa (GE) in Via Corsica 2/17 REA GE-460316 Tel. 0103231230.
These purchases are reserved for direct users, with the exclusion of subjects such as traders, wholesalers, retailers, professionals, etc. who intend to resell the related products to third parties.
Each purchase transaction will be governed by the provisions of Legislative Decree 185/99, Legislative Decree 206/05, Legislative Decree 21/2014; the information directed at the conclusion of the contract will be submitted to the art. 12 of Legislative Decree 70/03 and, as regards the protection of data and confidentiality, will be subject to the legislation referred to in Legislative Decree 196/03.
Reference is also made to the following articles of the Consumer Code:
Scope and definitions
1. This Chapter regulates certain aspects of sales contracts and guarantees concerning consumer goods. For these purposes, the contracts of sale are equated with the trade-in and supply contracts as well as the contracts, the work and all the other contracts in any case aimed at the supply of consumer goods to be manufactured or produced.
2. For the purposes of this Chapter:
(a) consumer goods: any movable property, whether or not to be assembled, except:
1) assets subject to forced sale or otherwise sold according to other methods by judicial authorities, including by proxy to notaries;
2) water and gas, when not packaged for sale in a delimited volume or in a specified quantity;
b) seller: any natural or legal public or private person who, in the exercise of his business or professional activity, uses the contracts referred to in paragraph 1;
c) further conventional guarantee: any commitment of a seller or a manufacturer, taken against the consumer without additional costs, to reimburse the price paid, replace, repair, or otherwise intervene on the consumer good, if it does not correspond to the conditions set out in the declaration of guarantee or in the related advertising;
d) repair: in the case of lack of conformity, the restoration of the consumer goods to make it compliant with the contract of sale.
3. The provisions of this chapter apply to the sale of used consumer goods, taking into account the time of previous use, limited to defects not deriving from normal use of the item.
Compliance with the contract
1. The seller has the obligation to deliver goods that comply with the sales contract to the consumer.
2. It is assumed that consumer goods comply with the contract if, where relevant, the following circumstances exist:
a) are fit for the use to which goods of the same type are normally used;
b) comply with the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
(c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in that regard by the seller , by the manufacturer or his agent or representative, in particular in advertising or labeling;
d) are also suitable for the particular use intended by the consumer and which has been made known by the seller at the time of conclusion of the contract and that the seller has accepted also for conclusive facts.
3. There is no lack of conformity if, at the time of conclusion of the contract, the consumer was aware of the defect he could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the consumer.
4. The seller is not bound by the public statements referred to in paragraph 2, letter c), when, alternatively, it shows that:
a) he was not aware of the declaration and could not know it through ordinary diligence;
b) the declaration has been adequately corrected by the time of conclusion of the contract in order to be knowable to the consumer;
c) the decision to purchase the consumer good was not affected by the declaration.
5. The lack of conformity deriving from the imperfect installation of the consumer goods is equivalent to the defect of conformity of the good when the installation is included in the contract of sale and has been carried out by the seller or under his responsibility '. This equation also applies if the product, designed to be installed by the consumer, is improperly installed due to a lack of installation instructions.
PASSING THE RISK: In case of choice of a different carrier for delivery, the risk of damage and loss of products is transferred to the customer from the moment of delivery to the carrier, precluding any objection regarding the appearance of the goods delivered. In this case, any dispute must be made directly against the carrier as per Legislative Decree 21/2014.
DEFINITION OF THE ORDER
1. By sending the order online, the Customer sends Wadigi a proposal to purchase the product and / or products included in the cart. When the Customer places the order online for the products he has placed in the cart, he agrees to buy them at the price indicated.
2. Wadigi will not accept orders:
• sent by merchants who purchase the products and then resell them and / or
• if the Customer can not or does not want to pay using the forms of payment on this site, or if the credit card issuer of the Customer does not confirm the payment.
CONDITIONS FOR THE CUSTOMER
1. The customer, before sending the order, reads and accepts the general conditions of sale
2. The customer undertakes to print and store the various stages of the purchase procedure, thus confirming the procedure, in order to fully satisfy the condition set forth in articles. 3 and 4 of Legislative Decree 185/1999 and of article 12, paragraph 3 of Legislative Decree 70/03.
PRICES, PAYMENT AND SHIPPING METHODS
All prices on the site are VAT included and are the sales prices currently in force. The price indicated for the products does not include delivery costs in Italy, which amount to 5.99 euros for parcels up to 3 kg in weight.
The payment of the purchased products and the relative shipping costs can be made by the Customer at the time of placing the order through the use of one of the credit cards available and indicated online. Wadigi is not responsible for any fraudulent and illegal use that may be made by third parties of credit cards at the time of payment.It is possibile to pay with credit cards through paypal or with a paypal account. Furthermore In italy you cam pay woth "contrassegno".
The shipment of the products purchased on the site www.wikini.it and www.woxer.it will take place by Corriere espresso or Posta Posta. The shipment will take place within 7 (seven) working days from the acceptance of the order for products in stock. If the ordered goods are not in stock, wadigi reserves the right to notify the customer of the delivery time, which in any case can not exceed 45 working days.
RIGHT OF WITHDRAWAL
1. The right of withdrawal is governed by current legislation relating to "electronic commerce" and is recognized by Wadigi to end customers within 14 working days to be valid from the date of delivery of the goods.
2. To take advantage of the right of withdrawal, the end user must send an email to email@example.com and indicate all the details concerning the goods and delivery.
3. Wadigi will reimburse to the customer the amount related to the cost of the goods and the original shipment that will have to return to the Wadigi headquarters (Via del Commercio 25h red 16167 genoa) with shipping costs charged to the customer. The refund will be made in the same way as the payment, unless the consumer has requested otherwise, to be made within 14 days from the communication of the withdrawal.
4. The consumer is only responsible for the diminished value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
5. The goods must be returned intact, in the original undamaged packaging; in the absence of even just one of these factors, the amount already paid will not be reimbursed.
1. For any complaint or clarification, the customer must write to the email address firstname.lastname@example.org
2. The customer will be contacted for clarification within 3 working days of the request.
LEGISLATION AND JURISDICTION
The contract of sale between the customer and Wadigi is concluded in Italy and governed by Italian law. For any dispute concerning the validity, interpretation or execution of the same contract, the territorial jurisdiction is the place of residence or domicile of the client (Article 66 bis of Legislative Decree 206/2005).
LINKS TO THE EUROPEAN DISPUTE RESOLUTION PLATFORM