TERMS & CONDITIONS
This contract is written in Italian language and a mere translation is provided in English. In case of any discrepancy between the two languages, the Italian version will prevail.
1. SALES GENERAL CONDITIONS
1.1 The following sales general conditions regulate the sales conditions of goods and services offered by WIMU S.r.l.s. (Italian company with legal headquarter at via Casati 3, 20900 Monza (MB), Italy, VAT nr. 10003510962. From now on, “W.I.M.U.”) through the internet website www.wi-mu.com (from now on, the “Website”) and – on the other side – the conditions of use of the Website by the users.
1.2 The online purchasing of goods and/or services and/or memberships/subscriptions imply your full acceptance and agreement to comply with these sales general conditions (from now on, “T&C” or “General Conditions”).
1.3 The General Conditions must be considered valid and effective unless updated, amended, replaced or integrated by W.I.M.U.
1.4 Possible amendments and/or integrations to the T&C will be valid from the effective date of publishing on the Website and they will be applied to the sales accoplished since that date on. The latest updated version of the T&C is the one available on the specific section of the Website. It is your responsibility to check this page periodically for changes.
2.1 On these T&C we adopt the following definitions:
“WEBSITE”: the internet website accessible through the internet address “www.wi-mu.com”, exclusive property of WIMU S.r.l.s. (from now on, “W.I.M.U.”).
“USER” or “CLIENT” or “CUSTOMER”: the person interested in using the services of the Website.
“SERVICE”: all the services offered by WIMU S.r.l.s. through browsing the web and registering to the Website.
“RESERVED AREA”: section of the Website devoted to the user and containing the summary and the state of Orders, Subscriptions and the personal data.
3. SERVICE PURPOSE AND DESCRIPTION
3.1 The Service, accessible through the Website, consists of the supplying via subscription of a package (from now on, “Box”) containing a men underwear surprise: one underwear and a pair of socks. The specific content of the single Box is freely determined by W.I.M.U.
3.2 The supplying of the Box (from now on, the “Subscription”) happens monthly or every two months or every three months, depending on the choice of the User, who has to pay the Service up front.
3.3 There are two types of subscriptions: a subscription with recurring payments and shipments (every month / every two months / every three months, depending on the choice of the User); a subscription with a unique upfront payment and recurring shipments (every month / every two months / every three months, depending on the choice of the User).
3.4 The Users who have completed the online registration procedure and created a personal profile (from now on, “Registered Users”) will be able to manage their own orders, subscriptions, personal data by theirselves directly on the specific Reserved Area on the Website.
3.5 The User acknowledges and accepts that in case of violation of the law or of third parties rights or of these General Conditions by the User, W.I.M.U. may suspend or quit, at its absolute discretion, the supplying of the Service, prevent the access to the Website or undertake any other action in order to protect the actual or potential rights and interests of W.I.M.U.
4. SUBSCRIPTION THE CONTRACT AND REGISTRATION TO THE SERVICE
4.1 To join the service, the User must fill in the appropriate checkout form, which will allow the purchase of the subscription and the purchase order, accepting these General Conditions and the controlling of personal data.
4.2 The User assumes full responsibility for the truthfulness and correctness of the data provided.
4.3 The User is aware that by accepting these General Conditions or, in any case, by using the Service, he declares to have read and explicity accepted these General Conditions. If the User does not intend to accept even one of the terms and conditions of the General Conditions, he is invited not to use the Service and to leave the Website.
4.4 The User commits to promptly communicate to the e-mail address firstname.lastname@example.org any potential problem related to any purchase transactions on the Website.
5.1 Shipping Status: at each shipment the Customer receives an e-mail with the information about the shipment date of the order. The User can check the shipment status through the tracking on the website or via the call-center of the carrier used.
5.2 Cancel or modify an order: to change or cancel an order already submitted, it is necessary to promptly contact W.I.M.U. by writing an e-mail to: email@example.com, always indicating the reference order number. It will not be possible to modify an order if already processed or shipped.
5.3 Copies of documents (invoices, delivery notes, etc.) and personal data corrections: to request copies of documents (invoices, delivery notes, etc.) or personal data corrections, the Customer can contact W.I.M.U. by e-mail to: firstname.lastname@example.org, always indicating the type and number of the requested document or data.
5.4 Product Warranty: all products sold by WIMU SRLS are covered by the manufacturer’s standard warranty.
5.5 Information on invoices, wire transfers and payment cancellations: to contact the administration service of W.I.M.U., the Client can write an e-mail to: email@example.com, always indicating the reference order number or the document / invoice number.
6.1 The Customer pays for services and products exclusively by payments in advance.
6.2 Purchases made on this Website are secure and guaranteed and can be made through the following methods: by Credit Card, via PayPal or by bank transfer.
6.3 At the time of signing the contract or finalizing the order, the User authorizes W.I.M.U. to charge the amount of the contract on the credit card, or the PayPal account provided – whose data are provided by the User to W.I.M.U. at the time of subscription of the contract or finalization of the order – in a recurring way (automatic recurring charge in the case of “recurring payment” selection) or one single payment solution (a single charge for one-year subscription in case the User selects the option: “One solution”).
6.4 In case of payment through bank transfer, W.I.M.U. will send a purchase order summary via email to the User, asking to proceed with the payment. The order will be considered completed only after W.I.M.U. has verified that the requested total amount will be transferred to its bank account. W.I.M.U. will notify the confirmation sending an email to the User.
6.5 The prices of all services and products are available on the Website and include VAT, when required by law. Any price increase during the subscription period will be communicated by W.I.M.U. and will be available on time on the Website. The prices of orders which are already subscribed and paid cannot be changed.
In any case, the right of the User to withdraw from the present contract, by the procedure on the Website, remains unaffected.
6.6 The User will pay in advance the subscription order. The payment will be automatically renewed at the end of the selected period (every month or every two months or every three months), unless previously suspended from your profile. The User authorizes W.I.M.U. to charge on the credit card, or on the account provided (PayPal or other) the full amount of the order, reduced by any valid discounts or promotions. The charges do not require any further authorization after the subscription of the contract or order.
6.7 In case of subscriptions with a discount code (which entitles the Client to a reduction in the purchase price) or a promotional code (which entitles the Client to free products and / or services), it will be valid only for the very first order payment and not on the next automatic renewals. The same discount or promotional code cannot be used more than once by the same user and cannot be combined with other offers. If the User repeatedly uses the same promotional code to purchase a subscription, W.I.M.U. reserves the right to invalidate the effects, not providing the products and / or services that would be free with the subscription.
6.8 Any offers published by W.I.M.U. are valid as long as they are published on the Website and within the limits of the available products stock. W.I.M.U. cannot exclude that occasionally errors or unexpected variations may occur.
7.1 W.I.M.U. uses carriers that offers the best service / costs ratio for each destination: this allows W.I.M.U. to offer Customers the best combination between delivery service and its cost.
7.2 The cost of transportation is entirely offered by W.I.M.U. for all customers receiving the Boxes in Italy. Shipments to all other countries will be charged separately through a fee depending from country to country.
7.3 For the subscription service, the first delivery of the Box will take place within thirty days from the payment, to the address indicated by the User; all next deliveries will take place on a monthly (or two months or quarterly, depending by the choice of the Client) basis, always within thirty days from the date when W.I.M.U. receives the payment for each individual order.
7.4 In case of any change, the Customer commits to modify, through its own Website Reserved Area, the delivery address within fifteen days before the automatic renewal date, which can be consulted in his own reserved area. Otherwise the changes will be valid from the next renewal order.
7.5 The delivery of the goods is subject to the payment by the User of the related price through the methods indicated on the Website. Since the moment when the goods are given to the carrier, W.I.M.U. will no longer be responsible for the risks associated with the shipping. Specifically, W.I.M.U. can not be held responsible for any loss, damage, incorrect or missed delivery to the Customer caused by events or due to force majeure or unforeseeable circumstances, such as, for example: natural disasters, adverse weather conditions (such as heavy snowfalls), possible strikes (of own or other employees), accidents to means of transports, explosions, or any other cause, similar or different.
7.6 The notification of the User regarding the missing delivery by the carrier of the entire or part of an order must be made within 30 days from the date of completion of the related order. W.I.M.U. reserves in any case the right not to proceed with a second shipment of the order.
7.7 At the time of delivery of the goods the Customer is required to check: that the number of packages delivered corresponds to what is indicated in the delivery note, that the packaging is intact and not altered even in the closing strips. In case of tampering and / or breakage, the Customer must immediately challenge the delivery by placing the wording “RESERVE OF CONTROL GOODS FOR … ..” (indicate the reason) on the delivery document received from the carrier or any other operator. The customer will subsequently report any damage within 3 days from the receipt of goods through the methods provided by the carrier.
7.8 In case the order is returned to WIMU SRLS by the carrier for incorrect address provided by the Customer, or after the warehousing limit of the carrier, or for any other reason attributable to the negligence of the customer, a new shipment will be possible upon advance payment by credit card of the shipment fee through a link that will be provided to the Customer, or alternatively by bank transfer or Paypal.
7.9 The Client can follow the status of any shipment online, through the tracking code that W.I.M.U. or the carrier sends to the Customer’s e-mail once the order has been shipped. The tracking allows the Client to get information about the carrier, the shipping code, delivery date and the instructions on how to track the package.
8. SUSPENSION OR CANCELLATION OF THE SUBSCRIPTION
8.1 The User may at its complete discretion suspend a subscription without any additional cost. It is possible to cancel or suspend the subscription up to 7 days before its automatic renewal, otherwise the automatic order will be considered acquired and the suspension / cancellation will be considered valid starting from the following month. The automatic renewal date can be looked up from the Client’s own Reserved Area of the Website.
8.2 In case of a subscription paid by “One Solution”, W.I.M.U. will take care of refunding the cost of the boxes that have not been delivered to the Customer.
8.3 The request for suspension or cancellation can be sent directly from the Client’s Reserved Area. W.I.M.U. will not be responsible for any error in the re-activation or suspension of subscriptions that occurred not through the correct procedure on the Site.
9. RIGHT OF WITHDRAWAL
- 9.1 Sales of products through the Internet are governed by the Italian Legislative Decree 206/2005 (Consumer Code) and by Legislative Decree 21th February 2014, no. 21, implementing the Directive 2011/83/EU on consumer rights. The private Customer has the right to withdraw from the contract, returning the purchased good or service and obtaining the reimbursement of the entire cost.
- 9.2 In case of purchase of goods, the Customer has a period of 14 days from the moment he acquires physical possession of the property; in case of purchase of services, the consumer has 14 days from the date of subscription of the contract.
- 9.3 The right to withdraw is not granted to the Customer in the cases described in Article 59 of the Italian Consumer Code and in particular in the following cases:
a) service contract after the complete provision of the service, if the execution began with the express agreement of the Customer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by W.I.M.U.;
b) supply of tailor-made or customized products;
c) products which by their own nature cannot be returned or are liable to deteriorate or expire rapidly;
d) supply of sealed goods that cannot be returned for hygienic reasons or related to health protection and have been opened after delivery;
e) the supplying of sealed audio or video recordings or sealed computer software that has been opened after delivery;
f) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the provision of such publications;
g) the right of withdrawal, can not be exercised by the Customer if the product is not intact, or in the absence of the original packaging, in the absence of integral elements of the product or for damage to the product caused by the Customer. In the specific case of W.I.M.U., the garments (underwear and socks) must not have been worn or washed or handled in any way;
- h) is not foreseen in case of Customer who purchase through a VAT number
- i) in case the goods or consumables have been washed, or partially used.
- 9.4 The Customer may exercise the right of withdrawal from the Service by sending to WIMU, before the expiry of the deadline for withdrawal (14 days from the delivery of the box), a certified communication, indicating as reference the order number reported in the order confirmation, through a registered letter with acknowledgment of receipt to WIMU SRLS – via Casati 3, 20900 Monza (MB), or via certified email (PEC) to: firstname.lastname@example.org.
- 9.5 In case the Customer has exercised the right of withdrawal, W.I.M.U. undertakes to refund to the customer an amount equal to the sum paid at the time of purchase, no later than thirty days from the date of receipt of the notice of withdrawal and of the return of the goods.
- 9.6 It is agreed that, even in case of withdrawal from the Service, the Client must correspond to W.I.M.U. any amount related to the Boxes being shipped at the time the right of withdrawal is exercised. For the purposes of determining the moment of exercise of the right of withdrawal, it will be valid the date on the stamp affixed by the post office or the date of sending the certified email.
- 9.7 Any clause which is not expressly provided for in this contract, Customer must refer to to the Italian Consumer Code (Legislative Decree 6th September 2005, No. 206).
10. RETURN OF PRODUCTS
10.1 To return the products after the exercise of the right of withdrawal, the Customer must contact W.I.M.U. with the methods and terms described at the paragraph nr. 9.4 of these T&C, in order to start the right of withdrawal procedure.
10.2 The customer service will take care of the return of the return of products procedure. The goods must be sent back by the Customer to the following address: WIMU SRLS – via Casati 3, 20900 Monza (MB). The Customer will provide to W.I.M.U. the proof of shipment.
10.3 The products must be returned in their original packaging, complete in all its parts and in perfect condition for re-sale (unopened, not worn, damaged or soiled by the Customer). The costs and risks related to the return of the products are responsibility of the Customer.
10.4 Refunds will be made within 30 days from the date W.I.M.U. will receive back the goods. The reimbursement includes the purchase price of the products ordered and shipping costs incurred, with the exception of shipping costs for the return of the product, which remain responsibility of the Client.
11. INCORRECT OR INCOMPLETE ORDER
11.1 In case the order received by the Customer is incorrect (all or part of the delivered goods does not correspond to what was ordered) or not complete (the content does not include part of the ordered goods), the non counterclaim or missed notification by the Customer within 14 days since the receiving of the goods is equivalent to his full and conscious acceptance.
11.2 The Client must send the notification to W.I.M.U. and report all possible pictures to prove any errors, defects, faults or tampering.
11.3 In the case of products received through the subscription service, any missing or defective products will be sent to the customer only at the shipping of the following Box or if the Customer pays for the shipping costs. In case of exhausted or limited stocks or in general the impossibility of replacing or supplying the product, W.I.M.U. uses the right to replace the product with a similar one.
11.4 Any shipment of the missing goods will be decided by W.I.M.U. and notified to the Customer.
11.5 Any refund for incorrect or missing products will lead to a re-charge of the shipping costs.
12. DECLARATIONS AND CONDITIONS OF USE AND RESPONSIBILITY
- 12.1 The User declares and guarantees:
a) to have read, understood and accepted the General Conditions;
b) to be adult, to have the ability to act and to legally sign binding contracts;
c) that will refrain from reproducing, duplicating, copying, selling, reselling or in any case exploiting the Website or the Service or any part of it for commercial purposes, as well as reproducing or using in any way the trademarks and logos of W.I.M.U.;
d) to not publish or use false, libelous or defamatory data;
e) that will abstain from any form of direct and / or indirect use of the Service and of the Website contrary to the law or not compliant with the provisions of these General Conditions or with the Webite;
f) that will abstain from placing on the Website any content that is obscene, offensive, violent, defamatory, detrimental to personal dignity, blasphemous and which, in particular, does not contain: racist statements or exalting the inferiority or superiority of a race, people or culture compared to others or to minorities, apologies of crimes against humanity; incitement to hatred or violence; sexually explicit, pornographic or pedo-pornographic content; threats or harassment; information or messages that teach illegal activities, lead to illegal activities or that may cause prejudice to third parties; incitement to dangerous behaviors and at risk of emulation by minors or to the use of drugs or to the mistreatment of animals; messages, even hidden, of promotional and / or advertising nature; images not suitable for children under 18;
g) not to use spamming, chain messaging or pyramid selling systems;
h) not to spread viruses, spywares, adwares, rootkits, backdoors, trojans and other similar computer threats;
i) not to use software or any other automatic or manual mechanisms to copy or access the pages of the Website or its content;
h) not to disseminate the communications, promotions or offers received by W.I.M.U. and reserved for Users registered on the Website.
- 12.2 All trademarks (registered or not), as well as any intellectual property, distinctive sign or name, image, picture, photograph, written text or graphic and more generally any other intangible asset protected by international laws and conventions on intellectual property and industrial property reproduced on the Website www.wi-mu.com, are and remain the exclusive property of W.I.M.U. respectively and / or its assignor. The User does not have any right on them. Any use, even if only partial, of the above elements is prohibited without the prior written authorization of W.I.M.U., in favor of which are reserved, exclusively, all related rights and / or prior authorization from the related and legitimate owner. Therefore, the User may not copy, modify, sell, assign for any reason, confer or transfer to third parties or create works derived from any right of W.I.M.U., not even from its predecessors
- 12.3 W.I.M.U. may, in its sole discretion, insert other contents of any kind, both of its own and of third parties, into the web pages dedicated to the services, including banners or other advertising messages of third parties, and may modify any aspect, such as the design, the electronic addresses, access methods, technical features and so on in its sole discretion.
- 12.4 W.I.M.U. reserves the right to make changes to the functionality of the services and of the Website, even without notice, as well as changing the technical specifications or changing the General Conditions, the additional services for their own technical, economic or management needs.
13. LIMITATIONS OF LIABILITY
13.1 W.I.M.U. does not offer any warranty, expressed or implied, regarding the operation of the Website, as third parties on the network operate independently of its control.
14. PROTECTION OF PERSONAL DATA
14.1 W.I.M.U. complies strictly to the legislation in force in Italy and in Europe on the protection of persons and other subjects regarding the processing of personal data and ensures that the data provided by the User for the execution of the service will be treated according to the principles of correctness, lawfulness and transparency and protection of confidentiality. W.I.M.U. will use the data and information in compliance with its policy on the processing of personal data, accessible directly from the home page of the site www.wi-mu.com and which is meant to be entirely recalled here and that the User declares to have read and accepted, providing also the consensus to the processing of personal data pursuant to the Italian Legislative Decree no. 196/03.
15.1 The User cannot transfer either the whole or part of these General Conditions to third parties.
15.2 W.I.M.U. may at any time assign all or part of these General Conditions to third parties.
16.1 W.I.M.U., pursuant to Italian Article nr. 1456 cod. civ., may terminate these General Conditions with immediate effect, by simply sending written notice to the User, if the User has violated one or more of the obligations of these General Conditions.
17. APPLICABLE LAW AND JURISDICTION
17.1 This contract is entirely governed by Italian law, even if it is carried out entirely or partially abroad. For any controversy that may arise regarding the interpretation and / or execution of this contract, the place of jurisdiction is Monza.