This document sets forth the general terms and conditions of use of the wortees.com website offering sale of clothing provided by the owner of the Application.
1. Definitions
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
Owner: Wortees s.r.l Unipersonale, headquartered at 33 Via Tortona, 20144 Milan, VAT Number / Tax Code 13140090963, fully paid share capital €10,000.00, PEC address wortees@legalmail.it
Application: the website wortees.com
Products:
- the material products sold by the Holder
- Digital products (content and services provided in digital format) sold by the Owner
- the services sold by the Owner
User: any individual who accesses and uses the Application
User Consumer: the natural person of legal age who concludes a contract for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity, if any.
Terms: this contract governing the relationship between the Owner and Users and the sale of the Products offered by the Owner through the Application.
2. Scope of the Conditions
Use of the Application implies User’s acceptance of the Terms. If you do not intend to accept the Terms and/or any other notices, legal notices, disclosures published or referred to therein, you may not use the Application or its services.
The Conditions may be changed at any time.
The applicable Conditions are those in effect on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, you should read the Terms carefully and save or print them for future reference.
The Owner reserves the right to vary at its own discretion, at any time, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
3. Purchasing through the Application
All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery time and charges, delivery time, ancillary charges, etc.). Some errors, inaccuracies or minor differences between what is published on the Application and the actual Product may show up. In addition, any pictures of the Products are representative only and do not constitute a contractual element.
Purchases of one or more Products through the Application are permitted to Consumer Users.
Individuals are allowed to make purchases only if they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorized by parents or those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will count as a contractual proposal to purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or reject the User’s order without the User being able to object or complain about anything in any capacity and/or reason.
The contract of sale of the Products shall be deemed to be concluded upon the Holder’s acceptance of the User’s contract proposal . The Owner will accept the User’s contract proposal by sending the order confirmation to the e-mail address provided by the User, which will contain the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the time of supply and performance, the delivery address, the time and any delivery costs, the way to exercise the right of withdrawal or its possible exclusion, and the guarantee.
The contract of sale of the Products shall not be deemed effective between the parties in default of the preceding paragraph.
In the event that the Product is not available, the Owner will make the User aware of the new delivery or supply terms, asking whether or not it intends to confirm the order. It is understood that the contract shall be deemed to be completed with respect to the Products accepted by the Holder.
The User agrees to verify the correctness of the data in the order confirmation and to notify the Holder immediately of any errors and will keep a copy of its order, its confirmation and the Conditions.
4. Pricing and Payment
The price including VAT, if due, is shown for each Product. Where the nature of the Product means that it is impossible to calculate it in advance, the manner in which the price is calculated is indicated. In addition, any taxes, additional charges, and delivery charges that may vary depending on the destination, delivery method chosen, and/or payment method used will be indicated. Where such expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User. The Holder reserves the right to change, at any time, the price of the Products and all additional charges, if any. It is understood that any price changes will in no case affect contracts already concluded prior to the change. The User agrees to pay the price of the Product at the time and in the manner specified in the Application and to communicate all necessary data that may be required. The Application uses third-party tools for payment processing and in no way comes into contact with the payment information provided (credit card numbers, cardholder name, passwords, etc.). Should such third party instruments deny authorization for payment, the Holder may not supply the Products and may not be held liable in any way.
5. Billing
The User who wishes to receive an invoice will be asked for billing information. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be true, will be authentic, releasing to the Holder every ample indemnity in this regard.
6. Method of Delivery of Material Products
The tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and stated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time customarily required to deliver the Product from the time the courier takes delivery. In the event that it is not possible to supply the requested Products, timely notice will be given by e-mail to the User, including an indication of when delivery is expected or the reasons why delivery is impossible. If the User does not wish to accept the new term or delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request for refund. Upon receipt of the Product, the User is required to verify its compliance with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no charge to the User. Once the delivery document has been signed, the User may not object to any dispute about the external characteristics of the delivered Products. The Owner shall not be liable to any party or third party for damages, losses, and costs incurred as a result of failure to perform due to force majeure.
7. Method of supply of Digital Products and services
The Owner will provide the Digital Products, including any digital products provided on a tangible medium and/or services to the User, in the manner and within the term indicated on the Application and stated in the order confirmation. In the event that it is not possible to provide the requested Digital Products and services within this time period, timely notice will be given to the User by e-mail, including an indication of when it is expected to be able to provide them or the reasons why provision is impossible. If the User does not wish to accept the new term or the supply has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date the Holder became aware of the request for refund.
8. Users’ right of withdrawal from the purchase of material Products
The User Consumer has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of receipt of the Product, by sending a written notice to the e-mail address support@wortees.com, using the optional withdrawal form in the following article or any other written statement.
In the case of separate delivery of several Products, ordered by the User Consumer in a single order, the 14-day period for exercising the right of withdrawal starts from the day on which the last Product was received.
In case of withdrawal, the User shall return the Product to the Holder, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will bear only the direct cost of returning the Product, unless the Holder has stated that it will bear the cost.
In the event of a properly exercised withdrawal, the Holder will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated that he/she wished to withdraw from the contract.
The Owner is not required to reimburse delivery costs if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
The Holder, unless he or she has offered to pick up the Product himself or herself, may withhold the refund until he or she has received the Product or until the Consumer User has demonstrated that he or she has returned the Product.
The Holder will not accept a return if the Product is found to be malfunctioning due to misuse, neglect, physical, cosmetic or superficial damage or alteration, tampering or improper maintenance or wear and tear, absence of integral product elements (accessories, parts, etc.). In such cases, the Holder will return the purchased Product to the sender and charge the sender for the shipping costs.
9. Users’ Right of Withdrawal from the Purchase of Digital Products and Services
The User Consumer has the right to withdraw without any penalty and without specifying the reason within the period of 14 days from the date of conclusion of the contract, by sending a written notice to the e-mail address support@wortees.com, using the optional withdrawal form in the following article or any other written statement.
In the event of a properly exercised withdrawal, the Holder will refund to the User the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User gave notice to withdraw from the contract.
You acknowledge and agree that you lose your right of withdrawal after downloading or using a Digital Product.
The User acknowledges and agrees to lose the right of withdrawal after the complete performance of a service. Where the provision of the service has not been fully performed and the User wishes to withdraw from the contract, he remains obliged, however, to pay the Holder an amount proportional to what has been performed up to the time he has exercised the right of withdrawal.
10. Cases of exclusion of the User’s rightof withdrawal
The User’s right of withdrawal from the contract of sale or supply of the Products is excluded relatively:
- to the provision of Products whose price is linked to fluctuations in the financial market that the Holder cannot control and that may occur during the withdrawal period
- to the supply of custom-made or clearly customized Products
- To the supply of Products that are likely to deteriorate or expire rapidly. This category includes all food products (including beverages) whose characteristics are also subject to alteration as a result of inappropriate storage
- to the supply of sealed Products that are not suitable for return for hygienic or health protection related reasons and have been opened after delivery
- to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
- to contracts where the User has specifically requested a visit from the Owner or an appointed professional for the purpose of performing urgent repair or maintenance work. If, during such a visit, the Owner or a contracted professional provides services in addition to those specifically requested by the User or goods other than spare parts needed to perform maintenance or repairs, the right of withdrawal applies to such additional services or goods
- To the provision of sealed audio or video recordings or sealed computer software that have been opened after delivery
- To the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
- To contracts concluded at a public auction.
- to the provision of housing for non-residential purposes, transportation of goods, car rental services, catering services, or services related to leisure activities if the contract provides for a specific date or period of performance
For further clarification, contact the Holder at support@wortees.com.
11. Optional form to exercise the right of withdrawal
The User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address support@wortees.com before the withdrawal period expires:
I hereby give notice of withdrawal from the contract of sale or supply relating to the following product Order Number:_______
Ordered on: _______
First and last name: _______
Address: ______
E-mail associated with the account from which the order was placed: ____________________ Date: __________
12. Warranty of Conformity of Material Products for Consumer Users.
Consumer Users are granted the warranty of conformity, provided for in Articles 129 et seq. of the Consumer Code, for all material Products sold through the Application, except for the cases of exclusion provided for in Article 128 of the Consumer Code. The Holder is liable to the User Consumer for any lack of conformity that becomes apparent within two years of delivery. During the first year, the User Consumer is not required to prove that the defect existed at the time of delivery since it is presumed to have existed on that date, unless such assumption is inconsistent with the nature of the Material Product or the nature of the conformity defect. If the User Consumer wishes to take advantage of the remedies under the conformity warranty, he/she should send written notice to support@wortees.com. The Holder will promptly give feedback and indicate to the Consumer User the procedure to be followed. For matters not covered by this clause, Articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code on the formation, validity and effectiveness of contracts, including the consequences of contract termination and the right to compensation for damages, shall apply.
13. Warranty of Conformity of Digital Products for Consumer Users.
Consumer Users are granted the warranty of conformity, provided for in Articles 135-decies et seq. of the Consumer Code, for all digital Products sold through the Application, except for the cases of exclusion provided for in Article 135-novies of the Consumer Code. The Holder is responsible for conformity defects arising within two years from the date of delivery. Any defects in conformity, must be reported by the consumer User within twenty-six months from the date of supply or the last act of supply. When the sales contract provides for Digital Products to be supplied for a specific period of time, the obligation to ensure compliance remains for the duration of that period. If the User Consumer wishes to take advantage of the remedies under the conformity warranty, he/she should send written notice to support@wortees.com. The Holder will promptly acknowledge the notice of the alleged conformity defect and indicate to the Consumer User the specific procedure to be followed. For matters not covered by this clause, the articles from Art. 135-octies to Art. 135-vicies bis of the Consumer Code and the articles of the Civil Code on the formation, validity and effectiveness of contracts, including the consequences of contract termination and the right to compensation for damages.
14. Industrial and Intellectual Property Rights
All content of the Application, including text, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark protection legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Except for strictly personal uses, you may not copy, alter, distribute, publish or use the Content without specific permission from the Owner.
15. Exclusion of warranty
The Application is provided on an “as is” and “as available” basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never have interruptions or be error-free or that it will be free of viruses or bugs. The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but shall in no way be held liable 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 wholly beyond the Owner’s control or for force majeure events.
16. Limitation of Liability
The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet beyond its control or that of its suppliers. The Holder shall also not be liable for any damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to him, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred.
The Holder assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, holder’s name, password, etc.)
The Holder will not be responsible for:
- Any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User that is not a direct result of the breach of contract by the Owner
- Incorrect or unsuitable use of the Application by Users or third parties
- The issuance of erroneous documents or tax data due to errors related to the data provided by the User, the User being solely responsible for the correct input
In no case shall the Owner be held liable for more than twice the amount of the cost paid by the User.
17. Force majeure
The Holder shall not be held liable for failure or delay in the performance of its obligations, for circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, unforeseen and unforeseeable events and, in any case, beyond its control. The Holder’s performance of obligations will be considered suspended for the period during which force majeure events occur. The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.
18. Linking to Third Party Sites
The Application may contain links to third party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the contents of these sites/applications. Some of these links may redirect to third-party sites/applications that provide services through the Application. In these cases, the general conditions for use of the site/application and use of the service prepared by the third party will apply to the individual services, with respect to which the Owner assumes no responsibility.
19. Privacy
Protection and processing of personal data will take place in accordance with the Privacy Policy which can be viewed at https://www.wortees.com/privacy-policy
20. Applicable law and place of jurisdiction
The Conditions are subject to Italian law. For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the “consumer forum” pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code. It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the methods and formalities for the communication thereof and the legal guarantee of conformity.
21. Online Dispute Resolution for Consumer Users.
The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This instrument may be used by the Consumer User to settle non-judicially any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into online. Accordingly, the Consumer User may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at: ec.europa.eu/consumers/odr/
Date 01/02/2024
