GENERAL TERMS OF SALE FOR ONLINE PURCHASES ON WWW.WRSAUTO.IT
WRS s.r.l., with registered office in Tavullia (PU), Strada Pirano 6/M, registered at the Chamber of Commerce of Pesaro and Urbino at no. 193968 of the Register of Companies, VAT No. 02590120412, certified e-mail address email@example.com, Tel. 0541/1797778, makes available to all users the possibility to purchase through the Internet the Products it places on sale through the website www.wrsauto.it
1. GENERAL NOTES
These General Conditions of Sale ("General Conditions") are governed by the Consumer Code (D.lgs. n. 206/2005 and s.m.) and by the rules on electronic commerce (D.lgs. n. 70/2003 and s.m.) and apply only to distance sales via the web of the Products shown on the website www.wrs.it
In case of change of the General Conditions with respect to the purchase order, the General Conditions published on the site at the time of sending the order by the Customer will apply.
The term "Buyer" or "Customer" means both the Consumer, a natural person who makes the purchase referred to in this contract for purposes not related to the commercial or professional activity, if any, and the Professional as defined in art. 3 of the Consumer Code.
The term «Manufacturer, Intermediary or Supplier» means WRS s.r.l.
2. OFFER TO THE PUBLIC
2.1 The Products and their prices, as presented on the Website, constitute an offer to the public in accordance with the terms and conditions specified in the General Conditions and the Website itself. The terms of this offer apply only to purchases made on the Website indicated above. The purchase contracts entered on the Site and concerning the Products are concluded with WRS s.r.l.
2.2 The Products referred to in the previous point are illustrated on the web page: www.wrs.it.
3. METHOD OF CONCLUDING THE CONTRACT
The contract between WRS and the Customer is concluded through the internet through the access of the buyer to the address www.wrs.it, where, following the procedures, the Buyer will arrive to formalize the order for the purchase of the goods.
4. CONCLUSION AND EFFECT OF THE CONTRACT
4.1 The purchase contract is concluded through the exact completion of the order form, the acceptance of the general terms and conditions of the contract, which are accepted by clicking on the appropriate flags linked to the respective links, opening which you can download, save and/or print the same conditions , and the consent to purchase expressed through the subscription sent online, preceded by the display of a web page of confirmation and summary of the printable order containing the details of the ordering and ordering, the price of the goods purchased, the shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered. The Purchase Agreement will be concluded between WRS and the Customer upon receipt of the order by WRS. In this case WRS will send an order confirmation e-mail to the e-mail address communicated by the Customer with the order number, the ordering and ordering details, the price of the purchased goods, the shipping costs and any additional additional charges, the methods and terms of payment, the address where the goods will be delivered and any special conditions applicable to the individual order and determined following specific requests of the Customer.
4.2 In order to proceed with the Purchase Order, the Customer may, alternatively, follow the following procedures:
a) if the Customer is already registered on the Site, it will be sufficient to enter their login credentials (username and password) by entering them in the "Login | Register" section,
4.3 WRS s.r.l. makes available to its customers the possibility to use, free of charge, the telephone support of WRS personnel for assistance and compilation of their Purchase Order. To take advantage of this service, the customer can contact the customer service at firstname.lastname@example.org
5. METHODS OF PAYMENT AND REIMBURSEMENT
5.1 The payment of the Order may be made or on delivery, the additional costs of which will be borne by the customer, at the time of delivery of the Product by the carrier in charge or at the time of forwarding to WRS of the online order, indicated in the "Payments" section following the instructions to make the payment on the web page, choosing this way to make the transaction automatically at the time of confirmation of the order.
5.2 For online payment WRS chose the electronic payment circuit Paypal and Credit Cards. In case of payment with Paypal, the transaction is made directly on the secure server of Paypal and at no time during the purchase procedure the Seller will be able to know the Customer’s Credit Card number as the said number will be forwarded directly to the manager of the banking service via a secure connection. Specifically, all credit card information will be forwarded directly to the bank which will process the payment via a secure connection. In no case will WRS s.r.l. be able to display the data of the Credit Card.
In both cases WRS s.r.l. is not responsible for any fraudulent and illicit use that may be made by third parties of the credit cards used when paying for the products purchased. In order to better protect the Customer and WRS s.r.l. from fraudulent transactions, the latter reserves the right to request, if necessary, additional personal data (copy of identity card, etc.)
5.3 Any refund to the Buyer will be credited through one of the methods proposed on the Site by the Supplier and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, at the latest within 14 days. from the date on which WRS s.r.l. verified the integrity of the returned items.
6. METHOD, TIMING AND DELIVERY COSTS
6.1 WRS s.r.l. will deliver the products selected and ordered through specialized carriers specifically appointed. At the time of delivery, the presence of the Customer or a person of trust is required to check that the packaging is intact and that the Products received correspond to what is stated on the order. In case of visible defects, such as incorrect quantities and/or incorrect product and non-integrity of packaging, WRS s.r.l. asks the Customer, or the person in charge of its trust, to report the said anomalies on the transport document by collecting the goods with "Control reserve" and to contact WRS s.r.l. by e-mail to the e-mail address email@example.com.
WRS s.r.l. will send to the customer an e-mail with which it is notified of the delivery of the package to the courier and that will allow to check the status of the shipment by tracking number (shipping code) or, if necessary, contact the Courier directly to verify its status.
6.2 The delivery costs are borne by the Customer and detailed in the Purchase Order and in the subsequent Order Confirmation.
6.3 The insurance of the parcel is optional, if not required, the seller does not assume responsibility for the loss or damage of the parcel itself. The package will travel under the responsibility of the buyer and the seller will be released from any obligation from the moment of delivery of the package to the courier.
To apply for insurance simply write it in the space for the order notes in the cart when confirming the purchase.
7.1 The total price for the purchase of the goods covered by this contract is that resulting from the confirmation of the order sent by e-mail.
8. LIMITATIONS OF LIABILITY
8.1 WRS s.r.l. assumes no responsibility for disruptions attributable to force majeure in case it is not able to execute the order within the time provided by the contract.
8.2 WRS s.r.l. shall not be liable to the Purchaser, except in the case of intent or gross negligence, for disruptions or malfunctions connected with the use of the Internet outside its own control or its sub-suppliers.
8.3 WRS s.r.l. shall not be liable for any damages, losses and costs incurred by the Purchaser because of failure to perform the contract for reasons not attributable to him, the Purchaser is only entitled to a full refund of the price paid and any additional charges incurred.
8.4 WRS s.r.l. assumes no responsibility for any fraudulent and illicit use that may be made by third parties, credit cards and other means of payment, upon payment of the purchased products, if it demonstrates that it has taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9. Liability for defects, proof of damage and damages: the obligations of the supplier.
9.1 Pursuant to Arts. 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured, within three months of the request, the identity and domicile of the manufacturer or the person who supplied the goods.
9.2 The said request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place, and the date of purchase; it must also contain the offer in view of the product, if it still exists.
9.3 WRS s.r.l. cannot be held responsible for the consequences of a defective product if the defect is due to the conformity of the product with an imperative legal rule or a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, it did not yet allow the product to be considered as defective.
9.4 No compensation shall be due if the injured person has been aware of the defect of the product and of the resulting danger and has nevertheless voluntarily exposed himself to it.
9.5 In any case, the injured person must prove the defect, the damage, and the causal connection between the defect and the damage.
9.6 The risk of loss or damage to the purchased goods is transferred by WRS s.r.l. to the Purchaser when the latter, or a third party designated by him and different from the carrier, acquires physical possession of the goods. However, the risk is transferred to the Buyer at the time of delivery to the carrier if the Buyer has entrusted the carrier with the carriage of the goods and the chosen carrier has not been proposed by WRS s.r.l., without prejudice to the Buyer’s rights towards the carrier.
10. LEGAL GUARANTEES
a.Legal guarantee for the Consumer Customer: The Consumer Customer, as defined in art. 3 of the Consumer Code (Legislative Decree no. 6 September 2005 n. 206) is entitled to avail of the legal guarantee provided by the Consumer Code art. From 128 to 132. WRS s.r.l. is liable for any lack of conformity that occurs within two years of delivery of the goods. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are fit for the use for which they are normally used similar goods; b) they comply with the description given by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; c) they present the usual quality and performance of goods of the same type, that the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, in particular in advertising or on labelling; d) are also suitable for the particular use desired by the consumer and that was brought to the attention of the seller at the time of the conclusion of the contract and that the seller also accepted for conclusive facts. The Purchaser forfeits all rights if he does not report to the seller the lack of conformity within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it. In any event, unless there is evidence to the contrary, it shall be presumed that the lack of conformity which occurs within six months of the delivery of the goods already existed on that date, unless that assumption is incompatible with the nature of the goods or with the nature of the lack of conformity.
In case of lack of conformity, the Buyer may request, alternatively, under the conditions set out below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is too expensive for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code. The request must be sent by email to firstname.lastname@example.org to WRS s.r.l., which will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so. In the same communication, if you have accepted the Buyer’s request, you must indicate the shipping or return of the goods as well as the deadline for returning or replacing the defective goods. If the repair and replacement are impossible or excessively expensive, or the Supplier has not provided for the repair or replacement of the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the Buyer, the latter may request, at his choice, a fair price reduction or termination of the contract. In this case, the buyer must send his request to the Supplier, who will indicate his willingness to give course to the same, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where WRS s.r.l. has accepted the request of the Purchaser, must indicate the reduction of the proposed price or the methods of returning the defective goods. In such cases WRS will re-credit the sums paid by the Purchaser through the methods used at the time of purchase and, in the case of cash on delivery only, by bank transfer. In case of replacement or repair of the Product, the terms of the Product Warranty given in replacement or resulting from the repair are the same as the original product. Therefore, the total two-year duration of the Legal Guarantee will start from the delivery of the original Product. To be able to use the Guarantee we recommend that you show the purchase document.
b. Legal guarantee for the Customer not Consumer (Professional): the Client Professional, as defined in art. 3 of the Consumer Code, you have the right to use the legal guarantee provided by the Civil Code. This guarantee provides, among other things, that the non-consumer customer, under penalty of forfeiture, reports to WRS s.r.l. any lack of conformity found in the product purchased within 8 (eight) days of discovery. The above legal guarantee is valid for a maximum of 12 (twelve) months from the delivery of the product. In addition to this term, WRS s.r.l. will not be responsible for any lack of conformity found by the non-consumer customer. To be able to use the Guarantee we recommend that you show the purchase document.
11. RIGHT OF WITHDRAWAL
11.1 The Buyer has the right to terminate the contract, within 30 (thirty) working days, starting from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the purchased goods. Notice of withdrawal should be sent by e-mail to email@example.com
11.2 In the event that WRS s.r.l. has not fulfilled the obligations of information on the existence, methods and times of return or withdrawal of the goods in case of exercise of the right of withdrawal referred to in art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months and runs from the end of the initial withdrawal period.
11.3 If, within 12 (twelve) months from the date referred to in this contract, WRS s.r.l. provides the Buyer with information on the existence, manner and timing of return or withdrawal of the goods in case of exercise of the right of withdrawal referred to in art. 52 of the Consumer Code, the withdrawal period expires 14 (fourteen) days after the day on which the Buyer receives the information.
11.4 In case the Purchaser decides to exercise the right of withdrawal, must use the appropriate form and give other explicit communication to WRS s.r.l. and send everything by e-mail-to-e-mail firstname.lastname@example.org, provided that such communications are confirmed at the above address within 48 (48) hours. The stamp affixed by the post office to the receipt issued shall be authentic between the parties. For the purpose of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that the same terms. The date of delivery to the post office or to the freight forwarder shall be between the parties.
11.5 The Buyer may not exercise this right of withdrawal for contracts for the purchase of products whose packaging is sealed, which were opened by the same, as well as goods made to measure or clearly customized or that, by their nature, may not be returned or may deteriorate or deteriorate rapidly.
11.6 The only costs payable by the consumer for the exercise of the right of withdrawal pursuant to this Article shall be the direct costs of returning the goods to the Supplier, unless the Supplier agrees to accept the costs.
11.7 WRS s.r.l. will refund the amount paid by the Purchaser using the same payment method used by the Purchaser. The refund will be ordered only on condition that the returned goods are intact, unused, and complete packaging. Otherwise, the product will be returned to the Buyer at his own expense.
11.8 Upon receipt of the communication by which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract shall be released from their reciprocal obligations, without prejudice to the provisions of the preceding paragraphs of this article.
12. PROTECTION OF CONFIDENTIALITY AND PROCESSING OF PURCHASER DATA
12.1 WRS s.r.l. protects the privacy of its customers and ensures that the processing of data complies with the provisions of the privacy regulations referred to in Legislative Decree no. 30 June 2003, n. 196 and Reg. EU n. 679/2016.
12.2 Personal personal data and tax data acquired directly and/or through third parties by WRS s.r.l., the data controller, are collected and processed in paper, computer, telematic form, in relation to the methods of processing for the purpose of registering the order and activating the procedures for the execution of this contract and the necessary communications, in addition to the fulfilment of any legal obligations, and to allow an effective management of commercial relations to the extent necessary to perform the service requested (art. 24, paragraph 1, lett. b, D.lgs. n. 196/2003).
12.3 WRS s.r.l. undertakes to treat with confidentiality the data and information transmitted by the Buyer and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be presented only at the request of the judicial authority or other authorized authorities by law.
12.4 Personal data will be communicated, after signing a commitment of confidentiality of the data, only to persons delegated to perform the activities necessary for the execution of this contract and communicated exclusively for this purpose.
12.5 The Purchaser has the rights referred to in art. 7 of Legislative Decree no. 196/03 and that is the right to obtain:
a) the updating, the rectification or, when interested, the integration of the data.
b) the cancellation, the transformation in anonymous form or the block of the data processed in violation of the law, including those whose storage is not necessary in relation to the purposes for which the data were collected or subsequently processed.
c) certification that the operations referred to in points a) and b) have been brought to the attention, including as regards their content, of those to whom the data have been communicated or disseminated, except where such fulfilment proves impossible or involves the use of means manifestly disproportionate to the right being protected.
The interested party also has the right to oppose, in whole or in part:
i) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of collection.
ii) the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.