ONLINE SALE TERMS
These sale terms govern the sale of products between the company WOW S.r.l.s., with registered office at Busto Arsizio (VA) via Bambaia, 3, Economic and Administrative Register VA-368086, tax code and VAT Registration number 03643550126 (hereinafter the "Company") and any subject that makes purchases online on the website www.wonderonwall.com (hereinafter the "Customer"). These terms may be subject to change and the date of publication on the website is the date of start of their applicability.
By making any purchases on the website www.wonderonwall.com, the Customer accepts these sale terms in their entirety. Therefore, we invite all Customers to read the following carefully before making any purchases.
1. Object of the agreement.
1.1. With these sale terms, the Company sells and the Customer purchases at a distance the products shown and offered for sale on www.wonderonwall.com, in particular the wallpaper WOW!. The agreement is concluded exclusively online, with the Customer accessing www.wonderonwall.com and submitting a purchase order in accordance with the procedure provided for on the website itself.
1.2. The Customer agrees to review, before confirming his/her order, these sale terms, in particular the pre-contractual information
referred to in Article 2 below, and to accept them by clicking on the dedicated section as indicated on the website.
2. IPre-contractual information..
2.1. Prior to the conclusion of the purchase agreement, the Customer reviews the characteristics of the products sold, which are described on the product listings and pictures available on www.wonderonwall.com and are shown when the Customer chooses a product.
2.2. Prior to the conclusion of the agreement and of the submission of the order by the Customer, the latter receives information relating to:
a. the price of the products ordered (including VAT where applicable by law) and relevant quantity;
b. shipping costs and any additional costs;
c. payment modalities of the order;
d. timing of delivery of the purchased products;
e. the right of withdrawal;
f. the legal warranty of conformity and modalities of post-sale assistance.
2.3. The Customer may at any time retrieve and check on www.[•].it information concerning the Company, in particular the geographical address at which the Company has its registered office, the phone number ...................................... and the e-mail address of the Company and of its customer service. Such information is also provided in these sale terms:
WOW S.R.L.S. VIA BAMBAIA, 3
21052 BUSTO ARSIZIO (VA) WOW@WONDERONWALL.COM
3. Modalities of conclusion of the agreement.
3.1. The Customer who wishes to buy one or more products is able to select them from time to time on www.wonderonwall.com and add them to the so-called "virtual shopping cart". The Customer shall indicate the quantity and size of the product(s) selected and, should this option be present, choose the colour of the relevant figurative pattern (hereinafter the "Products").
3.2. Once the Products have been selected, the Customer may submit a purchase order (hereinafter the "Order"), upon which they will be required to fill in the information needed for the delivery and select the desired payment method. At this point, the Customer shall see a summary page of the order, containing an indication of the price, costs and timing of delivery and the Customer shall be able to confirm the order and submit it to the Company. The purchase Order shall be regarded as a purchase agreement proposal made by the Customer to the Company.
3.3. Upon receipt of the Order by the Customer, the Company shall send an order confirmation email (hereinafter "Order Confirmation"). The agreement between the Customer and the Company shall be considered concluded for all purposes only when the Company itself sends the Order Confirmation. The email containing the Order Confirmation shall also include the following information:
a. Order ID number;
b. price of the Products purchased;
c. costs, timing of shipment and place of delivery of the
d. link to view the sale terms subscribed to and accepted at
the time of placing the Order.
Quantity and description of the products.
4.1. When selecting the Products, the website www.wonderonwall.com offers Customers the possibility to calculate the quantity of Product which is necessary for their own needs. In particular, by inserting the measurements of the surfaces that the Customer intends to cover with the Products, the website www.[•].it allows him/her to estimate the quantity of Product to buy. In any case, the Company invites the Customer to define the quantity of Product to order with a trusted technician of its own, without relying solely upon the mere courtesy service offered by the Company. The Company, therefore, shall not be liable for any error of measurement. In any case any Product purchased this way, on consideration that it does not have standard measures, shall be considered as a Customised Product.
4.2. The Company describes and presents the Products sold through the website www.wonderonwall.com as best as technically possible. Specifically, for each Product, the Company offers Customers the possibility to view both the figurative pattern that characterises the Product and an image that allows the Customer to appreciate the visual effect of the Product within a domestic or professional environment. However, there might be errors, inaccuracies or minor differences between what is presented on the website and the actual product. In addition, please note that the colours of the Products as they appear on the Customer’s screen might differ slightly from the actual colours, because the gradient of colour depends on how the monitor used for the purchase visualises the reference colour (which might therefore vary from monitor to monitor).
5. Product availability.
5.1. When the Customer selects the Products subject to the order, the website indicates the availability thereof. In any case, such availability shall be regarded as purely indicative because, due to the simultaneous presence on the website of multiple users and possible Orders submitted by other users, Products may become unavailable prior to the order confirmation.
5.2. Even after the submission by the Company of the Order Confirmation email, there might be cases of partial or complete unavailability of the Products. In these instances, the Customer shall be immediately notified by email and asked whether they wish to (i) cancel the Order made; (ii) confirm the Order and wait for the Product to become available again or (iii) replace the Product with another Product among those available. Should the Customer fail to respond, the Company shall proceed to confirm the order as soon as the product ordered becomes available again.
5.3. If the Customer requests the cancellation of the Order, the Company shall reimburse the amount paid within 14 days from the day on which the Company has obtained knowledge of the Customer's decision to cancel the Order.
6. Payment methods.
6.1. Each payment that the Customer is due to make towards the Company shall be necessarily made by one of the payment methods indicated on the website www.wonderonwall.com and, in particular, [by Visa and Mastercard credit cards, by Paypal].
6.2. The actual charge of the full amount of the Order shall only take place when the Company confirms the Order by transmitting the Order Confirmation referred to in Article 3.3 of these sale terms.
6.3. Communications relating to the payment and the data provided by the Customer at the time when payment is made shall be made through special lines protected by encryption systems. Credit card payment security is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
7.1. All sale prices of the Products shown on the website www.wonderonwall.com are expressed in EUR and include VAT (where applicable by law).
7.2. Shipping costs are not included in the purchase price, but shall be calculated at the time of conclusion of the purchase process and communicated to the customer before the Order and payment are made.
7.3. Product prices and shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, shall not include any costs related to customs duties and taxes if shipment occurs to countries outside the European Union or countries where relevant legislation provides for import taxes. Such costs shall be borne by the Customer and shall be paid directly upon delivery of the Products. The Company has no control over the existence of such charges and is not in a position to predict the amount thereof, since customs policies and import taxes vary greatly from country to country.
7.4. The Customer accepts that the Company reserves the right to modify its prices at any time. Nevertheless, the Products shall be charged and invoiced to the Customer according to the prices listed on the website at the time of submission of the Order and in the Order Confirmation email that the Company transmits to the Customer.
7.5. In the event of computer, manual, or technical errors, or errors of any other nature that result in a substantial change of the retail price and are such that this is excessive or clearly too low, the Purchase Order shall be considered invalid and shall be cancelled by the Company. The latter shall therefore reimburse the amount paid by the Customer within 14 days from the day of cancellation.
8. Time and mode of delivery.
8.1. The Company shall NOT accept Orders for delivery in one of the following countries: ASCENSION, BOVET ISLAND, BRITISH INDIAN OCEAN TERRITORY, FRENCH SOUTHERN TERRITORIES, HEARD & MCDONALD ISLANDS, JOHNSTON ISLAND, MIDWAY ISLAND, PITCAIRN, SAINT PIERRE & MIQUELON, TAJIKISTAN, TRISTAN DA CUNHA, TURKMENISTAN, WAKE ISLAN, WESTERN SAHARA. Per i
restanti Paesi, The products shall be delivered by express courier to the address indicated by the Customer at the time of the Order by and no later than 30 days from the date of receipt by the Customer of the Order Confirmation email sent by the Company. Should the delivery address chosen by the Customer be outside the EU customs area (or the geophysical territory of countries which are members of the European Union) and require longer delivery times, the Customer shall be promptly informed to this effect by the Company.
8.2. For each order placed on the website www.wonderonwall.com, the Company shall issue an invoice for all the Products shipped. The invoice shall include the information and data provided by the Customer at the time of the purchase process and such information, following the issuance of the invoice, may no longer be changed. The Customer also agrees to receive the invoice electronically (PDF) and by email.
9. Limitations of liability.
9.1. The Company shall not be liable for disruptions caused by force majeure or unforeseeable circumstances in the event that it fails to fulfil the Order within the timeframe indicated to in the agreement.
9.2. The Company shall not be held liable for any malfunctioning or dissatisfaction related to the internet and beyond its own control.
9.3. The Company shall not be liable for any damages, losses or costs borne by the Customer as a result of missed performance of the agreement due to causes not attributable to it, the Customer only being entitled to a refund in full of the price paid and any incidental expenses borne.
10. Exclusion of the right of withdrawal.
10.1. The Company informs the Customer that the Products subject to these sale terms are custom-made and/or personalised in accordance with the Customer’s requirements. Therefore, in accordance with Section 59, paragraph 1, lett. c) of the Italian Legislative Decree No 206/2003, the right of withdrawal for purchases made by the Customer in relation to the Product is expressly excluded.
11. Legal warranty of conformity and assistance.
11.1. Should the Products received by the Customer not conform to those ordered or present any defects, the Customer shall be entitled to a restoration of conformity of the Product, by replacement of the same, without bearing any additional costs or expenses. In any case, the Customer may exercise this right only if (i) the defect has manifested within two years from delivery of the good; (ii) the Customer has notified the Company of such defect no later than two months after its discovery; and (iii) the Customer has not yet proceeded to the installation of the Product(s) purchased.
11.2. In any of the situations described above sub Article 11.1, the Customer shall be entitled to request the Company to arrange the replacement of the defective or non-conform Product.
11.3. It shall be in any case understood that the activity of the Company is limited to the sale of Products and that, as such, any defects resulting from their installation (including, e.g., any defects arising from the possible application on Products of inadequate or poor- quality glues or chemicals, or defects caused by non-compliance with installation instructions provided to the Customer together with the products) do not fall within the scope of the legal warranty as referred to in this Article 11. 11.4.
12. Access to the website and cookies.
12.1. The Customer has the right to access the website for consultation and making purchases. No other use of the website or its content is permitted, in particular commercial uses thereof. The integrity of the elements of this website, whether visual or sound, and the technology employed remain the property of the Company and are protected by intellectual property rights.
12.2. The website www.wonderonwall.com uses "cookies", i.e. electronic files that record information about the Customer’s browsing of the website (e.g., pages viewed, date and time of viewing, etc.) and allow the Company to provide a customised service to its customers.
12.3. The Company informs the Customer of the possibility to disable the creation of such files, by accessing their internet configuration menu. It is understood that this shall prevent the Customer from making any online purchases. In any case, for more information see the section of the website containing information about cookies at www.[•].com/[•].
13. Privacy and data protection and processing of Customers’ data. Archiving of the agreement.
13.1. The Company informs the Customer that the Italian Legislative Decree No 196 of the 30 June 20013 ("Personal Data Protection Code") provides for the protection of persons and other subjects in relation to the processing of their personal data. Therefore, data processing by the Company shall be carried out in accordance with the aforementioned legislation and shall be based on principles of fairness, lawfulness and transparency and the protection of the privacy and of the rights of the Customer.
13.2. Personal and fiscal data collected directly and/or through third parties by the Company, acting in the capacity of data controller, shall be collected and processed in hard copy, digital and telematic form, in relation to the processing modalities.
The purposes for which the Customer is required to provide his/her personal data are the following:
a. recording of data required for operational management and execution of the purchase order placed online, the activation with regard to them of the procedures for the execution of this agreement and the necessary communications, and the fulfilment of any legal obligations;
b. undertaking of marketing communication, market research, statistical analysis, reward programs, surveys of customer satisfaction. In this sense, the data may also be used for marketing activities aimed at contacting and retaining customers based on specific purchasing preferences, including through direct marketing mediums such as promotional print posters, e-mails and SMS.
13.4. The provision of data, with regard to the purposes referred to in Article 13.3 lett. a), is compulsory and any refusal shall make it impossible for the Company to accept and execute the purchase order. The provision of data referred to in Article 13.3 lett. b) above has instead optional character and shall not preclude in any way the conclusion of the agreement.
13.5. The Company undertakes to treat any data provided by the Customer as confidential and not disclose it to unauthorised persons, nor use it for purposes other than those for which data has been collected or transmit it to third parties. Such data may only be disclosed upon request of a judicial authority or other authority authorised to this end by law. The data will be processed by manual and automated systems that allow the storage, management and transmission of the data, in ways that are strictly related to the purposes themselves, based on data held by the Company and the commitment of the Customer to communicate any corrections, additions and/or updates thereof.
13.6. Personal data shall only be disclosed to third parties who carry out activities necessary for the performance of the agreement and/or the exercise by the Company of its own specific activity. In particular, for both purposes indicated above, the data may be disclosed by the Company to:
a. all those subjects whose right of access to such data is recognised by law;
b. collaborators, employees and suppliers of the Company, as part of their duties and/or contractual obligations and concerning commercial relationships with interested parties;
c. post offices, shippers and couriers to send documents and/ or materials;
d. all those natural and/or legal, public and/or private persons (legal, administrative and fiscal authorities, Chambers of Commerce, Employment Chambers and Offices, etc.), when the communication is necessary or functional for the Company to carry out its own activity and in the manner and for the purposes described above;
e. banks for the management of payments deriving from the performance of the agreements.
13.7. In any case, the data collected shall be held for a period of time not exceeding the time necessary for the purposes for which it has been collected or subsequently processed. Its erasure shall be carried out securely.
13.8. The data controller is the Company, to which the Customer consumer may submit any requests..
13.9. It any time, the Customer may exercise towards the Company the rights under Article 7 of the Italian Legislative Decree 196/2003 by contacting the Company's Customer Service as indicated on the website. In accordance with Section 7 of the Italian Legislative Decree 196/2003, the Customer has the right to obtain:
a. confirmation as to whether or not personal data concerning them exist, regardless of their being already recorded, and communication of such data in intelligible form;
b. information on: (i) the source of the personal data; (ii) the purposes and methods of the processing; (iii) the logic applied to the processing, if the latter is carried out with the help of electronic means; (iv) the identification data concerning data controller, data processors and the designated representative; and; (v) the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing;
c. updating, rectification or, where interested therein, integration of the data;
d. erasure, anonymization or blocking of data that has been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
e. certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data was communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected;
f. they shall have the right to object, in whole or in part: (i)on legitimate grounds, to the processing of personal data concerning them, even though it is relevant to the purpose of the collection; (ii) to the processing of personal data concerning them, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
13.10.In accordance with Section 12 of the Italian Legislative Decree 70/2003, the Company shall inform the Customer that each and every order submitted is stored digitally/in print in the server/at the registered office of the Company itself in accordance with criteria of confidentiality and security.
14. Severability. Partial invalidity.
14.1. These sale terms are composed of the totality of the articles therein. If one or more provisions of these sale terms is deemed invalid or declared such under law, regulation or following a decision by a competent court, the other provisions shall remain in full force and effect.
14.2. This agreement supersedes any agreement, understanding, negotiation, whether written or oral, previously occurred between the Customer and the Company in relation to the subject of this agreement.
15. Governing law and jurisdiction.
15.1. These sale terms are governed by Italian law.
15.2. Any dispute that is not resolved amicably shall be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer, if this place is located on the Italian territory.
15.3. In any case, the Customer is informed that it shall be possible to resort to mediation proceedings as referred to in the Italian Legislative Decree 28/2010 to resolve any disputes concerning the interpretation and enforcement of these sale terms by accessing the following website: https://webgate.ec.europa.eu/odr.