General Terms and Conditions of Sale
These General Terms and Conditions of Sale are drawn up in English ; they are only applicable to sales dedicated to customers who reside and indicate as address a delivery area situated in a Member Country of the European Union, as included on the specific Country list displayed on the top of every Website page ("Select Your Country").
Before proceeding Customers have to select their "Delivery Country", in the drop-down menu dedicated to country selection.
For customers wishing to place orders to and from a different Country: select the Country name (if any) and refer to the relevant Terms and conditions.
The following General Terms and Conditions of Sale regulate the offer and sale of products and / or services on the e-commerce Website www.wheelup.it/eu ("Website").
Please read these General Terms and Conditions of sale carefully before ordering any products.
Products purchased on the Website ("Products") are sold directly by Terashop S.p.A., a Company registered in Italy (Trade register number, tax code and VAT number 12831650150, R.E.A. no. 1589794, fully paid share capital of EUR 436,000.00), with its registered office in Italy, at Via Sesia snc, 20017 Rho (Milan).
Terashop manages the Website on behalf of Wheelup S.r.l., with Registered Office in Italy at Viale Sicilia 102, 20900 Monza - MB (Registered on the Milan Companies Register n. MI-2000-253356, Tax Code n. 01711230928, VAT reference n. 03021520964, R.E.A. (economic administrative repertoire) No. 1629536, Share Capital EUR 50,000.00 fully paid) a sole proprietorship company subject to management and coordination activity by C. Mandelli S.p.A.
Wheelup S.r.l., is the exclusive licensee for the WheelUp brand and is a licensee for the other Brands exhibited on the website. Wheelup S.r.l., is the only rights-holder on domains, logos, trademarks and copyrights applied to the Website.
Detailed information on how to contact Terashop quickly and directly, as well as to request information, send notifications, request assistance or to file complaints are available on the Customer Service page.
1. SCOPE OF WEBSITE APPLICATION
1.1. The Website is reserved for retail sales, offering products for sale solely and exclusively in relation to "end user" or "Consumer" Customer (hereinafter: "Customer").
Pursuant to art. 3, paragraph I, letter. a) of the Consumer Code, it is considered a "Consumer" any individual who purchases goods or services for purposes unrelated to his/her entrepreneurial activity (commercial, craft or professional business activities).
If the user is not a "Consumer", as defined above, he should not submit orders and should refrain from purchasing on the Website.
Terashop has the right not to carry out orders from anyone other than "Consumers", or orders that do not comply with its sales policy and these General Terms of Sale.
1.2. No information contained on the Website constitutes a binding offer for sale products in any Country or location. The products on the website are reserved for sale exclusively in the countries contained in the list located on the top right-hand corner of every page ("Select your Country") at the time of order.
Terashop will only accept purchase orders placed by customers who reside in and indicate as their destination a place situated in a Member Country of the European Union.
The delivery address of the order must match the country Site in which the order is placed. Before starting the purchasing procedure, Customers have to select the correct Country Site for their orders, in the list devoted to country selection. It is the Country of delivery of the order which will determine its shopping portal.
Purchase orders from countries not included in this list, as well as orders placed from a different country site than the delivery address, cannot be accepted and will be automatically cancelled by Terashop.
Terashop also reserves the right to reject orders requiring deliveries to "remote areas" (duty free zone, remote islands, etc.). In this case, the Customer Service department will promptly notify the Customer of this incident and proceed with order cancellation.
1.3. Those people who can guarantee their capacity to enter into legally binding contracts are permitted to purchase Products on the Website.
1.4. The sale of the Products on the Website constitutes a remote agreement governed by Articles 50 and seq. of the Italian Legislative Decree No. 206 dated 6 September 2005 ("The Consumer Code") and by Italian Legislative Decree No. 70 dated 9 April 2003, containing regulation on e-commerce.
1.5. The applicable General Terms and Conditions of Sale are those published on the date of transmission of the purchase order.
Terashop reserves the right to amend the present general terms and conditions at any time (in consideration of possible regulatory changes). Any changes will be effective from the date of publication on the Website. Customers are therefore advised to have regular access to the site to verify the presence of any changes and / or updates of the General Conditions of Sale.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE AND CONTRACT CONCLUSION
2.1. English is the Language generally used for entering into the contract.
2.2. The Customer is required to carefully read these Terms and Conditions of Sale, that Terashop makes available on the "Terms and Conditions" section of the Website and of which is permitted storage and reproduction (downloading and saving a copy of it), as well as information about the Right of Withdrawal (Easy Returns) and any other information that Terashop provides on the Website, either before and during the purchase process.
2.3. In order to enter into a purchase contract for one or more Products on the Website, the Customer must have a valid email address and meet the necessary legal requirements to draw up the respective purchase contract.
The Customer must fill in the Order Form and send it to Terashop electronically, following the instructions that appear on the Website during the order process.
2.4. By submitting an Order Form through the Website (send), the Customer unconditionally accepts and agrees to comply with these General Terms and Conditions of Sale in his or her contract with Terashop. In the event of disagreement on certain terms contained in these General Sale Conditions, the user should not submit any order form for purchase on the Website.
2.5. Terashop will file the Order forms in a database according to the terms of the law. The Customer can access his or her Order Summary, through the "Order History" section on the Website.
2.6. Once the Customer has submitted his/her order, Terashop will send an "Order receipt confirmation" email acknowledging its receipt. This is an automatic response email, that should not be considered an "Order Confirmation" but only a notification that the order was correctly received and stored in the "Order Entry" database on Terashop's. server
The "Order receipt confirmation" email will show a summary of the essential elements of the order: personal data entered by the Customer, delivery address, details of the products ordered (description and quantity), price details, method of payment, delivery costs, any possible additional costs as well as the link to Right of Withdrawal (Easy Returns) and to the General Terms and Conditions of Sale
The Customer shall be responsible for verifying that given information in the Order Form is correct, by reading it carefully for any mistakes, including the shipping address. If errors are found or the Customer wishes to modify the order once submitted, he/she must provide notification of any corrections through the online section "Customer Service".
This email message does not constitute acceptance of the order, but rather the confirmation of correct receipt of it by Terashop proper systems.
In the "Order receipt confirmation" email, the Customer will also find his/her personal "Order Number", which has to be used when communicating with Terashop.
2.7. The contract between Terashop and the Customer will only be considered as entered into when Terashop confirms that the Order has been accepted by sending an "Order confirmation and Shipment notification" email.
2.8. Any email sent to the Customer acknowledging his or her order status (such as a "Request for Further information" or "Notification of delivery delay" email), or verbal communication about the order, shall not be considered an acceptance of it.
The contract is considered executed upon shipment of the ordered products, unless Terashop has not notified the Customer of its non-acceptance, or if the Customer has requested the cancellation of the same.
2.9. Terashop reserves the right to refuse or restrict orders that do not provide enough guarantees of solvency or contain incomplete or uncorrect data, as well as for any order for products that are no longer available (out of stock).
In these cases, Customers will be informed of order cancellation by email as soon as possible (and in any event within 30 days of receiving date of the order). In the event that payment has been already completed, Terashop shall refund the Customer for the amount already charged with a reversal of the payment transaction (see specifics on Refund methods in the following paragraphs).
In addition, Terashop reserves the right to refuse orders placed by:
- customers with whom Terashop has (or had) an on-going legal dispute;
- customers who have previously violated terms or a purchase contract with Terashop;
- customers who are suspected of being involved in any fraudulent activity (in particular, fraud related to payments by credit card);
- customers who have issued false identification, incomplete or inaccurate data.
3. PRODUCT INFORMATION AND AVAILABILITY
3.1. Each product is accompanied by an Information Page ("Datasheet") that shows its main features based on the information provided by manufacturers.
Terashop, reserves the right to change the "Datasheet" without any notice.
3.2. Terashop strives to provide images as close as possible to the Products offered for sale.
However, product colours may differ from the actual ones, depending on the I.T. display settings used by the Customer.
The images in the Product Specifications may also differ in terms of shade of colour, size, or for any products accessories.
The product description contained in the Order Form sent by the Customer shall prevail for the purposes of the purchase agreement.
3.3. The Website may also display general additional information about the purchase, such as those found, in the Glossary or in the Buyers Guide for example.
This information is simply intended to be informative, and not related to the actual characteristics of a particular product.
The product description contained in the order form sent by the Customer shall prevail for the purposes of the purchase agreement.
3.4. The availability of each product is shown directly on the related "Product Information Page" (clicking on "Timing" tab). Customers may only purchase products that are in stock. If the Product status is "Available on demand" the Customer may reserve it and Terashop will order it from the supplier on the Customer's behalf and Terashop will notify the Customer by email when the product becomes available.
3.5. Please note that adding a product to the Shopping Cart does not denote its automatic reservation for the Customer.
The product is still available for purchase by other customers until its submission and the Order confirmation notification has been sent by Terashop, in accordance with these Terms and Conditions of Sale.
This could depend on simultaneous purchase orders made on the Website. Due to technical reasons, an "available product" may go out of stock after the transmission of the order, and it will be necessary to wait for a new supply. In this case, the Customer will be immediately notified by email ("Product reservation notice" or "Notification of delivery delay") and he/she may request cancellation of the order at any time prior to shipment of the product by clicking on the "cancel" button in the email.
3.6. In the event that an ordered Product is unavailable, the Customer will be immediately notified by email and always within thirty (30) days from the day following the transmission of the order. If payment has been already completed, Terashop shall refund the Customer for the amount already charged with a reversal of the transaction (see paragraphs below on Refund methods). In any case, the customer will receive a discount coupon of 5% to be spent on the Website, within 3 months, to purchase an alternative product with similar characteristics to the canceled one.
3.7. If products are equipped with fixed tag and/or disposable seal, the Customer may not remove it, because they are considered to be integral parts of the goods (for details see paragraph below on "Easy Return - Right of Withdrawal or Size Exchange").
4. PRICE, SHIPPING COSTS, TAXES AND DUTIES
4.1. All Prices published on the Website are expressed in Euros (EUR) .
They are inclusive of VAT/local taxes and duties, although, in rare events, some deliveries could involve additional local charges that are out of Terashop's control; they are expected to be charged to the Customer, and have to be paid, by him, directly to the Carrier.
4.2. Terashop reserves the right to change prices at any time without notice. The Product price that will be charged to the Customer is the one shown on the Website at the time of the Order placement.
No possible increases or decreases applied subsequent to the transmission of the order will be taken into account.
4.3. The Product Price does not include shipping costs. Delivery costs are indicated separately, shall be paid by the Customer, and shall be included in the Total Order Price.
The amount will depend on delivery options: quantities, volume and weight, of the shipped articles in relation to their destination. Shipping charges are expressly indicated in the Shopping Cart during the purchase procedure and prior to its conclusion.
4.4. The Total Order Price (the total amount to be paid for the order), with the transport costs indicated separately, is always shown at the end of the Shopping Cart and before the Customer proceeds to the order transmission (in the shopping "Cart Summary" section).
A summary of the Total Order Price is available in the "Order receipt confirmation" and "Order confirmation and Shipment notification" emails.
The "Total Amount to pay" will be the only one due by the Customer in relation to the purchase order. No other amount shall be due by the Customer, apart from any Customs duties or local taxes where applicable (see paragraph above).
4.5. If the price of a product is discounted on the Website, the discount percentage will be clearly indicated on the "Product information page", and the full price prior to discount application.
5. HOW TO MAKE A PURCHASE
5.1. Products may be purchased on the Website with or without registration. Registration provides the Customer with a range of additional services, by creating a "Personal Acount" customers may carry out the following activities:
- Check online the Order Status and "Order History" (in particular, by clicking on the number of each order placed, it is possible to check its full details, including shipping and billing address)
- Follow the shipment tracking directly within the "Order History" page
- Manage delivery addresses speeding up the compilation of next new order forms
- Access in faster way to after-sales service, by posting "online reports" directly from the "Order summary" page
- Receive special offers on products.
In addition, by accessing to the Personal Area ("My Account"), the Customer can always:
- manage information related to the personal profile (in particular, manage the own password to access the reserved area)
- change address details related to shipping or billing data, and / or add new shipping addresses
- change the status of the subscription to the newsletter.
5.2. Customers may choose, select and add the products available that can be ordered and added to the Shopping Cart from the online Catalogue, as described in each "Product Information Page". While filling out the Order Form, the Customer is required to provide certain personal information (personal data, information about delivery destination, landline and mobile phone number and email address); and to enter valid credit card details for which he/she is legally responsible, or other methods of payment.
5.3. Terashop reserves the right to request additional information and documentation in order to ascertain the identity and ownership of the Customer when making a payment. The Customer has to ensure that all information provided is true, accurate, and complete (see next paragraph on Payment Methods).
5.4. Before confirming the purchase, the Customer will be able to identify and correct any errors made to details entered in the Order Form: under "Order Summary" section; by following the instructions from time to time shown on the Site and that will accompany the different steps of the purchase process. The Customer has also to expressly accept the Terms & Conditions.
5.5. Once the order has been placed (send), the Customer is encouraged to print or save an electronic copy of it and keep the present general conditions of Sale, in compliance with the provisions on distance sales.
5.6. The Customer who places the order by Logging In (meaning that he/she is a registered Customer and has created a Personal Account) will have access to the Order and will be able to check its status by accessing their Order History page and looking at their own "Order Summary" while a Customer who has not registered can check the status of their order following the instructions given on the
"Customer Service" page.
5.7. Once correct receipt of the order form has been confirmed to the Customer (by "Order receipt confirmation" email), Terashop will process the order, verifying the data entered by the Customer, checking payment method and proceeding with preparation of the products in the warehouse. In some cases, may be necessary to contact Customer by phone or require additional documentation (see paragraphs below on Payment Methods).
5.8. Terashop shall confirm the order by sending the "Order confirmation and Shipment notification" email containing a summary of the information already contained in the Order Form: destination information, description and quantity of products ordered, payment method, delivery details, courier service and shipment tracking number.
The email will also contain links to: "Information on right of Withdrawal" page, and to the "Order Summary Page" related to the specific Order.
5.9. In case of order refusal, the Customer will be notified by Terashop as soon as possible (and in any event within 30 days from he date of the order) with an "Order cancellation notice" email containing the reasons. In the event that payment has already been made, Terashop will refund the Customer for the amount already charged with a reversal of the transaction (see paragraphs below on "Refund methods").
6. PAYMENT METHODS
Payment for products purchased on the Website may be made using the payment methods described in the following paragraphs.
Some payment methods may not be used due to the type of product purchased and/or delivery or dispatch mode.
The available payments method for each product will be specifically mentioned during the purchase procedure on the Website.
6.1. CREDIT CARD
6.1.1. Payment for Products purchased on the Site can be made by credit card directly through the Site. Credit cards accepted by Terashop will be specifically indicated in "Payment methods" section, as well as specified on the payment selection page, within the Bank Website.
To pay by some credit cards may be required to pay an additional fee. The request for such contribution and the exact amount, if due, will clearly and specifically indicated on the page dedicated to the choice of payment method, in the Shopping Cart, during the purchasing process, and on each "Product Information Page" (clicking on "Payment" tab).
6.1.2. When making a payment with credit card to make a purchase, the card issuing Bank will only "hold" the amount relating to the Purchase ("Authorization hold").
During this stage, the funds are only "held" and deducted from the Customer's credit limit but are still not transferred to Terashop. The total amount that the Customer has to pay in relation to the purchase order, will be effectively charged on the Customer's credit card, only the day after the dispatch, even if partial, of the products purchased.
However, in some cases (for example, for Products with an "on request" status or "Incoming" or other types of availability status other than "immediate/in stock"), Terashop reserves the right to debit the amount before shipping, in order to charge before the expiring date of the authorization hold (holds may last as long as 24 days, depending on the issuing bank).
6.1.3. When paying by credit card, the Customer is redirected via SSL (Secure Socket Layer) encrypted connection, directly from the Website to a secure page on the payment server hosted by the payment gateway (Bank that manages the online transaction). This system will encrypt the information entered by the Customer, in order to make their interception impossible. The Customer can enter details of his/her credit cards with complete security on this page.
At no time during the purchase process (neither at the time of placing an order, nor afterwards) Terashop will have access to information about the Customer's credit card, transmitted through a secure connection directly to the website of the Card issuer. No archive of Terashop retains such data.
6.1.4. For all cases of contract termination and subsequent order cancellation before the charge has been made on the Customer's credit card, Terashop will require to the Card issuer Bank the release of the related "Authorized" amount.
The time that it takes to release the funds for certain types of credit cards, depends exclusively on the banking system and may take up to their natural expiry date, which is normally 24 days from the date of Authorization. Once the request for the release of the related amount is made to the Card issuer Bank, Terashop shall not be liable for any damages, direct or indirect, caused by the delay in clearing of the amount committed by the banking system.
6.1.5. In order to verify the identity and ownership of the Customer to make the payment, Terashop reserves the right to ask for additional information to the Customer; for example Terashop may require via email, a valid copy of the Customer's identity card. The email request will specify the period within which the document must be received by Terashop. This timeframe will not exceed 4 working days. The order will be suspended pending receipt of the required document. In the event of such request, the Customer will be asked to send documents within the specified slot-time. If Terashop does not receive those documents within the time limit specified in the email request or, if received expired or invalid documents, the contract will be rescinded pursuant to and for the purposes of Article 1456 of the Italian Civil Code, and the order subsequently cancelled, without prejudice to Terashop's rights to be compensated for any damage suffered due to inconsistent behaviour of the Customer.
The contract termination, will be notified to the Customer by email, no later than 4 days after the deadline, it will imply the cancellation of the order and of the payment transaction.
When Terashop receives the required documentation within the specified timeframe, the Customer will be notified of the shipment terms, that will take effect from receipt date of the documents, or once the transaction has been confirmed by the prevention fraud risk department.
6.2.1. Payment for Products purchased on the Site can be made by PayPal, according to the terms and conditions of the contract agreed between the Customer and PayPal.
For payments made by PayPal, at the conclusion of the online transaction performed by the Customer, the amount related to the purchase will be immediately debited by PayPal on the customer's PayPal account.
6.2.2. When paying by PayPal, the Customer is redirected via SSL (Secure Socket Layer) encrypted connection, from the Website to a secure page on PayPal's Site, where the Customer will be able to complete the payment transaction using his or her own PayPal account.
At no time during the purchase process (neither at the time of placing an order, nor afterwards), Terashop will have access to information about the Customer's credit card nor data of any other payment instrument associated with this account.
Terashop will not be made aware of and will not store data in any way connected to the Customer's credit card or PayPal account or to any other payment methods associated with the PayPal account.
6.2.3. In all cases of contract termination and subsequent cancellation of the order, the sum already paid for the purchase will be refunded simultaneously by Terashop directly onto the Customer's PayPal account. The cash back payment tool linked to the PayPal account depends exclusively on PayPal. Once the refund has been made onto the Customer's PayPal account by Terashop, Terashop shall not be held responsible for any damages, direct or indirect, caused by delays in crediting due to PayPal under any circumstances.
6.2.4. In order to verify the identity and ownership of the Customer to make the payment, Terashop reserves the right to ask the Customer, by email, to send a front / back copy of a valid identity card. The email request will specify the period within which Terashop must receive the document. In any case, this timeframe will not exceed 4 working days. The order will be suspended pending the requested document.
In the event of such request, the Customer should send the documents within the specified timeframe. If Terashop does not receive these documents within the timeframe indicated in the email, or receives invalid or expired documents, the contract will be cancelled pursuant to and for the purposes of Art. 1456 of the Italian Civil Code, and the order will be subsequently cancelled, except the right of Terashop to receive a compensation for any any damage Terashop might face as a result of the Customer's conduct.
The contract termination, will be notified to the Customer by email, no later than 4 days after the deadline, it will imply the cancellation of the order and the refund of the amount paid.
Otherwise, if Terashop receives the required documents within the specified timeframe, the product shipment terms will take effect and will be communicate to the Customer, once the transaction has been confirmed by the fraud risk prevention department.
7.1. The term "shipment" refers to the moment in which Terashop hands over the Product to a particular Courier Company that becomes responsible for the product delivery (the criteria may vary depending on the type of the product ordered and on the destination).
7.2. Shipment and Delivery terms are specifically mentioned on each "Product information page" (clicking on "Timing" tab).
Shipment terms shall take effect from the date of transmission of the order, unless otherwise specified. These terms may vary in cases where multiple products are ordered together (in order to made a single delivery to the Customer) or when an Order cannot be completed due to the payment method chosen (such as on-going checks carried out by the Fraud Risk prevention department - see related paragraph on "Payment Methods").
7.3. If multiple products are ordered at once with different availability status, Terashop will make one single shipment.
The shipment will take place respecting the longest waiting times (e.g. in the case of a product ordered with the status "Shipment in 15 Days", together with a product with an "Instant" status, both products will be shipped with the longer of the two shipping time, i.e. 15 days).
7.4. In order to allow the Customer to track the order shipping status, the "Order confirmation and Shipment notification" email contains the tracking number and direct link to the Courier Website in charge of delivery.
Starting from the day after shipment, the Customer can track the shipment directly on the courier's Website.
8. DELIVERY: RATES, TERMS AND MODALITIES
8.1. Delivery costs are charged to the Customer, unless otherwise stated on the related "Product information page".
The amount of shipping charges may vary, depending on the delivery mode and / or payment chosen by the Customer, depending on the destination place, and especially on the basis of any other products that the Customer decides to buy (weight / volume).
Delivery rates will be specified for each product in the related "Product information page" (clicking on "Shipment" tab) and always, will be shown in the "Cart Summary" page, prior to the transmission of the Order Form. The Total Order Price will be shown, with a separate indication of shipping costs (it will also be reported in the "Order receipt Confirmation" and "Order confirmation and Shipment notification" emails).
8.2. Delivery terms shall take effect from the shipment date of the product. They are specifically mentioned for the individual product in each related "Product information page" (clicking on "Timing" tab).
8.3. The Customer is required to report any special features related to the delivery location place. If the Customer provides incorrect information or details, any additional expense incurred by Terashop to complete the delivery of the Product will be charged to the Customer.
8.4. It is not generally possible to pre-select a date and time of delivery.
The Customer has to be present upon delivery of the goods to the delivery address specified in the order form (therefore should be provided an address where someone is generally present on weekdays).
Products will be delivered to the front door at street level of the destination address specified by the Customer.
Couriers do not deliver to PO boxes, post offices, third company that deal with transportation / freight forwarders.
8.5. Upon delivery of the goods by the courier, the Customer should check:
- that the number of parcels being delivered corresponds with the information stated on the delivery slip and with the ones in the transport document (sent in advance to the Customer, via email, by Terashop), both in relation to quantity that to the kind
- that the parcel has not suffered any damages and is in good condition. Product packaging must be intact and should not be damaged, wet or otherwise altered, including the sealing materials (adhesive tape or metal staples).
8.6. Customers are also requested, for their own interest, to report any possible damage to the parcels and/or to Products as well as report eventual mismatching in number of delivered parcels; in case, it should be immediately conveyed in writing on the reserve check of the Courier's delivery note, writing the words "RESERVE CHECK" and specifying the reason for the reserve (i.e. "wet package", "broken package", "crushed package", etc.).
The Customer may not file any claims in relation to the outer appearance of the delivered package, once the Courier's document has been signed.
In accordance with Art. 1698 of the Italian Civil Code, receiving unqualified products extinguishes any claims arising from the carriage contract and any other claims that the Customer may file against the courier, in the event of loss or damage to goods, except in the case of wilful misconduct or serious negligence of the shipper himself and without prejudice to partial loss or damage not recognizable at the time of delivery. In the latter case, the damage must be reported within 8 days following receipt.
All responsibility and risk for the goods purchased shall be borne by the Customer once the recipient signs the Courier Receipt document.
8.7. Any issue concerning the physical, correspondence or completeness of the received goods, has to be reported by the Customer to Terashop immediately (and in any case within 5 days from delivery date) via the "Online Order Management" tool (selecting "Problems related to the delivery" issue).
Registered Customer can reach the "Online Order Management" tool and report the problem to the Customer Service support, directly through the "Order History" section.
Customer that have placed the order without registering, can reach the "Order History" section following the given instructions on the "Customer Service" page.
8.8. The Customer acknowledges his/her obligation under the purchase agreement to take possession of the package containing the product at the time of delivery.
In the event of delivery failure due to absence of the Recipient specified in the order form, the Courier will leave a card to certify delivery attempt (transit notification). The courier will try to deliver the parcel over several consecutive working days, leaving a notification card with a contact telephone number each time.
If delivery cannot be made (i.e. in case Product is not picked up by the Client), the parcel will be shipped back to Terashop warehouse due to repeated inability to deliver to the Customer specified address.
The Customer acknowledges that if the product is taken back to Terashop warehouse the contract will be terminated and the purchase order will be subsequently cancelled pursuant to art. 1456 C.C.
Once the contract is resolved, Terashop will refund the total amount paid by the Customer (through a reversal of the order payment method), less the delivery costs of the product that has not been successful delivered, the costs of returning to Terashop together with any other expenditure incurred (e.g. expenses of reimportation for product shipped in non-EU country) because of non-delivery caused by the absence of the recipient.
The termination of the contract and the amount of the reimbursement will be communicated to the Customer by email.
In case the Customer asks to re-send the product purchased, Terashop will proceed to a new delivery reserving the right to carry the charge, in addition to the costs, the cost of returning the Product to Terashop.
8.9. Customers who refused delivery (who do not accept the parcel) more than 2 times, may not make new purchases on the Website. In case of further orders in violation of this provision, the purchase contract will be considered terminated, pursuant to law and to the provisions of Art. 1456 of the Italian Civil Code.
Termination of the contract will be communicated to the Customer via email.
8.10. In the event that a product purchased is not delivered or is delayed respect to delivery terms indicated on "Timing" section of the related "Product information page", the Customer may report the problem to the Customer Service, filling in a claim via the "Online Order Management" tool (selecting "Delivery times were not respected" issue) directly through the "Order History" section.
(Any Customer who places an order without registering may access "Order History" page by following the instructions contained in the "Customer Service" section.)
Terashop will examine the complaint and shall promptly notify the Customer of the result via email within a maximum of 15 (fifteen) working days.
9. EASY RETURNS (RIGHT OF WITHDRAWAL OR SIZE EXCHANGE)
9.1. In accordance with Articles 64 and seq. of the Consumer Code (Legislative Decree No. 206/2005), the Customer that act as "Consumer" ("end user") is entitled to withdraw from the purchase contract without penalties penalized and without specifying the reason, within ten days of receipt of the Product.
9.2. Terashop grants the Customer 15 working days from receipt of the product to exercise this right upon his/her own request through online notification, improving the provisions of the Italian Consumer Code (which states that the Customer must submit a written notice by registered mail with acknowledgement of receipt within 10 days).
The "easy returns" process is activated by selecting the "Easy Returns" option in the menu provided (Right of Withdrawal or Size Exchange), directly in the "Order Summary" page, which can be accessed in "Order History" section (for Customers who placed the order as a Registered Customer). Any Customer who places an order without registering may access his/her own "Order Summary" by following the instructions contained in the
"Customer Service" section.
9.3. When compiling the "Easy Returns" online application, the Customer must clearly indicate his willingness to cancel the purchase or request its replacement for a different size for each one of the products that he/she intends to return.
Regarding Returns for a different size, Terashop will send the replacement product (if available), at no additional cost, only after having received the Returned product.
9.4. Upon receipt of the withdrawal application through the "Easy Returns (Right of withdrawal or Size Exchange)" online request, Customer Service department will promptly provide the Customer with instructions on how to make the returns, assigning a unique RMA code (return merchandise authorisation) that the Customer will be asked to use for returning the Product.
The Product should be returned to Terashop as soon as possible and in any case delivered to the Terashop's warehouse within 30 days from the communication date of the RMA Code.
Solely for the purpose of calculating expiry of the stated terms of 30 (thirty) days, the Product is intended as returned at the time at which it is physically received in Terashop's warehouse.
9.5. The perfect state of the goods is an essential condition for exercising the right of withdrawal. The Product must be properly handled and returned as it was received, complete with all its parts, in perfect condition with no signs of wear or dirt (e.g.: Textile products must not have been used, washed, altered or damaged, or show any sign of wear. Footwear products must have their soles in perfect conditions and have no marks of any kind. Underwear and Swimwear products (bikini, briefs, boxers, etc.) must be tried on over one's own underwear; returns of such items will be rejected and returned to the Customer in the event that items show signs of wear.)
The Product must be returned in the same condition in which it was received, including the original label, original packaging (e.g.: footwear products must be returned in their original box, which is considered for all purposes an integral part of the product itself and must not have been damaged and / or altered in any way or used as the only outer packaging when sending the returns), and including any accessories (e.g.: hangers, covers, identification label with disposable seal, etc.).
When the Product packaging contains a serial code, such as in the case of electronics products, this is considered part of the product and the Product must therefore be returned in the same packaging, which must be placed in additional packaging, without which the RMA code or any other label or tape cannot be placed.
The right of withdrawal can be applied to the purchased product in its entirety. It may not be exercised only in relation to parts (or accessories) of the purchased goods ordered.
9.6. The Customer shall bear the cost of returning the Product.
The Customer is fully responsible for this return until the time that Terashop has acknowledged reception of the Product. The Customer shall be accountable for any Product damage that may have been incurred during transportation. Terashop shall not be accountable for any damage, theft or loss that may occur during the return transportation of the returned goods by the Customer, under any circumstances.
In order to limit damage to the original packaging, we recommend placing it into a second box, sticking the label provided by Terashop which indicates the RMA number (authorization code to return merchandise) onto it. Labels or adhesive tape must never be put onto the original product packaging.
9.7. If the product becomes damaged during the Returning transportation, Terashop will notify the Customer of this occurrence within 5 working days from receipt of the Product, to enable the Customer to exercise his/her rights with regard the courier, and allow him to make a timely complaint against the carrier chosen. In this case, the Product will remain in the Terashop premises and be made available to the Customer for its return to said party (at the Customer's own risk and expense). At the same time, having no respected the required "integrity" conditions of the product, the withdrawal request will be rejected.
9.8. The right of withdrawal does not apply:
- for the supply of services if this commenced with the costumer's consent prior to the deadline for exercising the right of withdrawal, in accordance with Art. 64, paragraph 1 of the Consumer Code;
- for the supply of made-to-measure or clearly personalised goods (e.g.: custom apparel products expressly ordered by the Customer, applied stickers, tailoring alterations, etc.) or which, by their nature, can not be resent or are likely to deteriorate or be altered quickly;
- for the supply of audiovisual products or sealed computer software which have been opened by the Customer ;
- for the supply of consumables (e.g.: cartridges, toner) if the packaging is not sealed.
9.9. When the right of withdrawal has not been exercised in accordance with the provisions of Art. 64 and seq. of the Consumer Code and, particularly in the event that the Product does not have all its parts intact and / or is not accompanied by its accessories and / or elements considered integral parts thereof (e.g.: cables, batteries, manuals, identification labels, disposable seals etc.) and / or lacks its original packaging, when this forms an integral part of the Product, or when damaged or used by the Customer exceeding the limits of ordinary care, this right shall not give rise to withdrawal from the contract and therefore the Customer shall not be entitled to a refund of the amount paid to change the Product. The Product will remain in the Terashop premises, available for collection by the Customer, under the responsibility and at the expense of said party.
10. REFUNDS PROCEDURES
10.1. In accordance with the provisions of Art. 67, paragraph 4 of the Consumer Code, Terashop will refund the amounts paid for the Product by the Customer, only after having received the returned Product and only after checking compliance with the terms and procedures for exercising the right of withdrawal, as well as the integrity of the returned Product (as specified here above, in paragraph 9.5).
Terashop will refund the sums paid by the Customer, within 14 days from the day the Product is received, and in any case, within a period of not more than 30 (thirty) days from the date on which Terashop has been notified of the right of withdrawal.
The refund will include shipping costs, but not the amount paid for the purchase of any "additional shipping services".
10.2. The amount paid will be refunded through a reversal transaction using the same payment method chosen by the Customer at checkout (e.g. reversing the amount debited onto the Customer's credit card, or recharging the amount back onto the Customer's PayPal account).
10.3. During the refund phase, Terashop will refund the same amount paid at the time of the order, in the same currency (e.g. Euros (EUR)).
10.4. In the event of a mismatch between the recipient of the products indicated on the order form and the person who made the payment, the refund will be carried out by Terashop to the party who made the payment.
11. CONVENTIONAL WARRANTY
11.1. The products sold on the Website, depending on their nature, may be covered by a conventional guarantee issued by the manufacturer ("Conventional Warranty"). The Customer can only object to this warranty to the manufacturer.
The duration, territorial extension, the general terms and conditions of use, the types of damage and / or defects covered and any limitations of the warranty depend on the individual manufacturer and are indicated on the warranty certificate contained in the product box (that may be attached to the product).
The manufacturer of the Products shall be liable for any damages caused by defects in such Products.
This kind of Warranty is voluntary in nature and does not add, replace, limit or exclude or affect the Legal Warranty.
12. LEGAL WARRANTY: 24 MONTHS FOR COMPLIANCE DEFECTS
12.1. In accordance with the Consumer Code, all products sold on the Website to the "Consumer" Customer are protected by a Legal Warranty covering 24 months, non-conformities with the quality required and declared in the contracts (under Articles 128 ff. Italian Law - Consumer Code No 206/2005).
To receive this warranty service, the Customer must retain the order receipt (invoice copy, or "Order confirmation and Shipment notification" email or courier delivery note or proof of payment,...).
12.2. The 24-month Legal Warranty covers defects or non-conformity of the product that are not evident at the time of purchase but in existence at the time of delivery of goods, if the product is used properly, complying with its intended use and as established by the Manufacturer (the provisions contained in the documentation that may be attached to the product).
The compliance defect must be reported, subject to revocation of the warranty, within two months from the date it was discovered .
12.3. Goods are deemed to be in compliance with the contract if, at the moment of delivery to the Customer:
- they match the description provided by the seller and possess the qualities of the product, which the seller has presented to the Customer;
- they are fit for the purposes for which goods of the same type are normally used;
- they are fit for any particular purpose for which the Customer requires them and which was made known to the seller, and accepted by the seller at the time of conclusion of the contract;
- their quality and performance are satisfactory, given the nature of the goods and taking into account the public statements made about them by the seller, the manufacturer or their representative.
12.4. The Legal Warranty therefore does not cover defects deemed to be accidental or the responsibility of the Customer or by using the product in a way that does not comply with its intended use and/or specified in technical documentation accompanying the product.
12.5. In the event of a defect or non-conformity of the product, Terashop shall offer to restore conformity of the product at no cost to the Customer: by repairing or replacing the product with another one with equal or greater features. Otherwise, an appropriate price reduction or termination of contract refunding the amount paid in this event, will be offered.
12.6. In order to benefit from the Legal Warranty, the Customer must firstly provide all available evidence of the date of payment and delivery of the goods. Customers are advised, for the purposes of such evidence, to save a copy of the "Order confirmation and Shipment notification" email, sent by Terashop or any other documents confirming the date when the purchase was made (such as courier delivery note or proof of payment).
12.7. The Customer must send specific notification to Terashop, requesting elimination of the non-conformity, via the "Online Order Management" tool (selecting "Faulty product (Warranty claim)" issue) directly through the "Order History" section.
(Any Customer who places an order without registering may access "Order History" page by following the instructions contained in the "Customer Service" section.)
Customer service will provide the Customer with specific guidelines for each product in order to activate the warranty (such as how to initiate it, RMA number, etc.). Terashop will promptly reply to the Customer's notification, pointing out which steps they should follow next.
12.8. In cases where the application of the warranty involves returning the product to repair the defect, the product must be returned by the Customer in its original packaging, with all its part complete (including packaging and any documentation and accessory equipment). To limit damage to the original packaging, we recommend putting it into another box. Labels or tape should not be attached directly on the original product packaging.
Terashop will provide the Customer with a RMA number (Return Merchandise Authorization), in a specific email sent for this purpose ("Return Authorization").
The RMA number must appear on the outside of the packaging, following the instructions provided directly in the email.
12.9. Repair will be carried out as soon as possible. The average time may vary from 15 to 60 working days. In case of an unjustified amount of time exceeding this timeframe, the Customer may request the replacement of the good or the termination of the contract. No claim for damages can be filed against Terashop for any delay in repairs or replacements to products.
12.10. If the defect is not found or if the defect of the product should not be considered as "a non-conformity", pursuant to Italian Legislative Decree No 206/2005, the Customer will be charged for any costs involved in checking and repair, as well as any other costs (transport, etc.) that may be incurred by Terashop. The warranty is invalid if the defect was caused by neglect or misuse of the purchaser, fraud, humidity, or other causes not related to manufacturing or production defects.
13.1. The personal data requested and provided by the Customer while completing the Order Form are collected and processed in order to meet the demands of the Customer and will never be disclosed to third parties.
Terashop guarantees its customers that it respects regulation on the processing of personal data, subject to the privacy code set out in Italian Legislative Decree No. 196 dated 30.06.2003 and subsequent modifications (see further details in the "Privacy & Security" section).
The Data Controllers are as follows:
- Terashop S.p.A., with registered offices in Italy, at Via Sesia snc, 20017 Rho (Milan), Vat no. 12831650150; Contact the Data Controller through our online "Support Ticket System".
- Wheelup S.r.l., with registered offices in Italy, at Viale Sicilia 102, 20900 Monza (Monza e Brianza); VAT No. 03021520964; all instances and questions about the processing of your personal data, can be forwarded to the following email address: firstname.lastname@example.org.
14. ERRORS AND / OR INACCURACIES ON THE WEBSITE
14.1. Terashop is committed to checking and preventing errors or inaccuracies on an on-going basis. However, the Website may contain errors, inaccuracies or omissions. Terashop therefore reserves the right to correct any errors, inaccuracies or omissions contained on the Website, even after receipt of an Order. It also reserves the right to change or update information at any time without providing prior notification to the Customer.
15.1. Any complaint must be sent to Terashop SpA, Via Sesia snc, 20017 Rho (Milan) - Italy, or through our online "Support Ticket System".
16. GOVERNING LAW AND JURISDICTION
16.1. These General Terms and Conditions of Sale are written in English and are governed according to this version. These, along with any individual contracts entered into will be governed by Italian law and therefore interpreted and executed in accordance with its terms (in particular by Legislative Decree No. 206 dated 6 September 2005 on remote agreements, clauses 50 to 67, and by Legislative Decree No. 70 dated 9 2003 on certain aspects related to e-commerce), except when its application has been expressly repealed for the benefit of the mandatory Laws provisions of the location of residence of the Customer.
17. CONTACT INFORMATION
17.1. Further general information, about Use of the Website, How to Make a Purchase, Refunds, Returns, Sale and Purchase terms and conditions, can be requested by opening a "Support Ticket" through our online "Support Ticket System",
or following the instructions contained on the "Customer Service" online section.
Rho (Milan - Italy), 25/02/2013