Terms of Use and Sale

Daniele Magrì ditta individuale, having its office at via Ernesto Schiaparelli, 4, 52100 Arezzo, P.IVA 02357110515, e-mail weminerals@yahoo.com, PEC danielemagri77@pec.it, companies registration office Arezzo, REA 203554 hereinafter defined as “Seller”.

 

WHEREAS

 

  1. The Seller is managing a distance selling service through the following website https://www.weminerals.com (hereinafter the “Site”). The Site allows Buyers to order and purchase Goods online.

  2. All purchases made on this Site are governed by these Terms of Use and Sale.

  3. The brand and logo relating to the Site are the exclusive property of Seller and protected under copyright laws. Any use must be authorized by the Seller or is otherwise forbidden. All Products images and photos published on this Site may be used in accordance with the license terms outlined in the Contract.

 

This preamble to this agreement shall constitute an integral part hereof. In this Contract, any term used where singular shall include the plural and vice-versa, and any term in the masculine shall include the feminine and neuter. If there is an inconsistency between any of the provisions of this English language version and the Italian version, the provisions of the Italian language version shall prevail.

 

Now therefore, the parties agree as follows

 

  1. Definitions

 

In these Terms of Use and Sale, the following expressions have the following meanings:

 

a) “Contract” or “Terms of Use and Sale” means a distance selling contract for the purchase of Goods, entered online by and between Seller and Buyer.

b) “Seller” Daniele Magrì Ditta Individuale, having its office at via Ernesto Schiaparelli, 4, 52100 Arezzo, Italy VAT Number IT02357110515, REA register number 203554 which runs the Site and sells its Products to Buyers.

c) “Products” or “Goods” means the goods sold by Seller through the Site and displayed on the online catalogue.

d) “Buyer” or “Client” means a customer who is authorized to access the Site to purchase Products, in the manner indicated in these Terms of Use and Sale.

e) “Consumer” means any natural person established in the European Union who, when purchasing a Product on this Site, is acting for purposes which are outside his trade, business, craft or profession.

f) “Trader” means any natural person or any legal person, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts.

g) “Parties” refers to both Seller and Buyer.

h) “Site” refers to the following website https://www.weminerals.com which it is possible to make online purchases.

   2. Object of the contract

2.1 These Terms of Use and Sale, concerns the online ordering and sale of Goods. Under this Contract, the Seller sells, and the Buyer purchases, remotely, the Products displayed in the virtual catalogue.

 

2.2 The Products sold under this Contract are all the Goods selected by the Buyer and added to the virtual shopping cart. Buyer will need to follow the different technical steps described online and in article 3 required to conclude the online Contract.

 

2.3 The Products on sale are illustrated on the specific web page of the Seller's Site.

 

2.4 Buyers may only purchase Goods through the Site if they are at least 18 years of age.

 

   3. Account

3.1 Certain parts of the Site (including the ability to purchase) may require an account in order to access them. It is Buyer’s responsibility to keep its password and username safe and confidential.  If Buyer believes that its account is being used without its permission, credentials must be changed immediately and Seller must be notified without undue delay.

 

3.2 The account will also allow the publication of comments, requests and more broadly content on the Site. Clients will be fully responsible for the published content. Client must not publish defamatory, false, content that breaches third party’s intellectual property rights, or personal data without authorization and consent.

3.3 Although the Seller does not perform any preliminary check on the published content, in the event that the Seller detects a violation of clause 3.2, the published content will be promptly removed, without prejudice to the Seller’s right to permanently remove the Client’s account.

   4. How to purchase and pricing

4.1 No part of the Site (including prices, Products and sales conditions) constitutes a contractual offer capable of acceptance; therefore prices, Products are subject to Seller’s confirmation by e-mail. Buyer’s order constitutes a contractual offer that Seller may, at its sole discretion, accept or refuse.

4.2 All prices shown online are in euro and do not include shipping costs. However, before the order confirmation, Buyer can view the total Product’s price, including VAT (only if applicable) and shipping costs. Shipping costs may vary according to destination, weight and dimensions.

 

4.3 Seller accepts the following methods of payment:

  • Paypal or credit card through Paypal as payment service provider.

  • Bank wire transfer.

 

4.4 Seller’s receipt of Buyer’s order does not bind the Seller. When Buyer places a purchasing request through the Site, the Seller will send an e-mail acknowledging receipt, containing a summary of the request received from Buyer, including shipping costs, estimated delivery time and payment methods. That e-mail does not confirm acceptance of Buyer’s request to buy the Product and Seller is not bound by that request. At that point, Buyer can either confirm or rejects Seller’s final quotation and complete the payment. If payment is received, Seller will send a second e-mail confirmation that the Product is successfully purchased and ready for delivery.

   5. Contract formation

 

5.1 The Contract entered via the Site is considered concluded and effective once the Buyer receives an order confirmation from the Seller, different from the first order acknowledgement. Order’s confirmation includes the acceptance of Buyer’s request of purchasing and Seller’s order processing. This Contract is concluded at Seller’s place of business.

 

5.2 Before the order is confirmed, both Buyer and Seller have the right to cancel it by sending an e-mail or by following the instructions indicated on the Site, without prejudice to the cooling-off period provided for under article 9 “Right of cancellation and exceptions”.

 

   6. Shipment and delivery

 

THE FOLLOWING RULES APPLY TO CONSUMERS IN THE EUROPEAN UNION.

 

6.1 The Seller will ship the Products to the address indicated by the Consumer in the online order request form. Unless agreed otherwise, the Products will be shipped within 7 days and delivered without undue delay and in any case no later than 30 calendar days after the date on which the purchase order is confirmed and therefore the Contract is formed. Delivery dates may vary according to the availability of Products, Products’ features, delivery location.

 

6.2 Upon receipt of the Product, Consumer has a duty to check without undue delay if the packaging is damaged. Any damage to the packaging must be reported immediately to the carrier by specifying in writing on the delivery note “accepted subject to checking” and providing a brief description of the damages on the delivery note.

 

6.3 Seller waives any liability for non-delivery due to Buyer’s absence or refusal to collect its Goods.

 

6.4 It is understood that in the event of non-delivery due to absence of the Consumer, the courier will leave a delivery note and it will be a Consumer’s duty to take the necessary steps in order to contact the carrier and schedule a new delivery or to collect the Product at the warehouse. In case of failure to receive the Product or to collect it within the time frame set by the Seller or the courier, Buyer will be totally responsible for any damage occurring to the Product, as both the Seller and the courier waive any liability in this respect.

 

6.5 Products will be dispatched only upon full payment of the price.

 

THE FOLLOWING RULES APPLY TO TRADERS AND SHIPMENTS OUTSIDE THE EUROPEAN UNION.

 

6.6 The Seller has an obligation to deliver the Products to the carrier so that it can proceed with the shipment to the Buyer’s address. The Buyer is required to clear the Goods for import including during transit through third countries. Customs charges will be borne by the Buyer, both incoming and outgoing, as well as the issue of documents, unloading of Goods, customs fulfilments (if necessary).

 

6.7 The Seller will stipulate the transport contract, charging the costs to the Buyer during the purchase phase. The moment of delivery of the Product to the Buyer and the transfer of risk to the Goods will take place with delivery to the courier. However, all Products are insured during transport against loss and damages.

 

6.8 Seller will not be liable for any delay in delivering the Products where that delay resulting from any cause that is beyond its reasonable control, including strikes, accidents, explosions, earthquakes, epidemic, floods or any other events impeding the Seller to deliver within the timeframe agreed under this Contract.

 

6.9 The Products will be shipped only upon payment.

 

   7. Collection of Goods at Seller’s premises

 

Buyer may request Seller to arrange collection of Products at Buyer’s premises. It is Buyer’s responsibility to ensure that the Products are ready for collection at the agreed time and location.

The Buyer must bring along the following documents:

- Print of the order with payment confirmation.

- Identity document.

In the event of collection at the Seller’s premises, there are no shipping costs to be paid by the Buyer.

 

   8. Parties liabilities

 

8.1 Buyer assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic purchase form. Buyer must ensure that the data provided is correct and complete or promptly notify the Seller of any changes. Seller waives any responsibility for incorrect fiscal and tax documents, failure or delayed delivery of Goods due to incorrect data provided by Buyer, the latter being solely responsible that the information supplied is true, correct and complete.

8.2 Upon order confirmation, Buyers will be able to store a copy of this Contract and agrees to do so in accordance with the provisions of Article 12 of Italian Legislative Decree 70/2003. When submitting an order request, a copy of this Contract will be available for download.

 

8.3 If Buyer requests delivery outside of Italy, it will be responsible for all customs duties and fees. For this reason, Buyer shall check local laws to find out if the Product will be subject to customs duties and fees before ordering. Seller disclaims any liability in this respect.

For this reason, Buyer shall check all customs requirements for the ordered Goods applicable in the specific country of delivery. Seller suggests to do so before the competent offices and authorities prior to completing any purchase.

 

8.4 Some minerals can be toxic or contain heavy metals, therefore all minerals must be handled with care. Customer must not inhale or ingest mineral powder or bring the Products close to his or her face. The Seller recommends that Customers always wash their hands after handling the Products. Buyer is solely responsible for any direct or indirect damage resulting from an unusual and unpredictable use of the Product. Seller disclaims any liability with respect to damages resulting from the use of the Products, or due to incorrect storage or incorrect use.

 

8.5 The Seller makes all reasonable efforts to ensure that all descriptions and images of the Products correspond to the real Goods. Note, however, that the images of Goods are for illustrative purposes only.  There may be slight variations in color between the image of a Product and the actual Product sold due to differences in computer displays and lighting conditions.

 

   9. Right of cancellation and exceptions

9.1 Buyers have the right to return a Product in exchange for a refund within 14 calendar days from the day of collection, without incurring in any penalty charge, except for the direct cost of returning the Product. Delivery charges will be paid by the Buyer. If the Buyer does not qualify as a Consumer or in case of purchase from a country not located within the European Union, the Seller will withhold from the refund an amount equal to the shipping cost.

 

9.2 Buyer is responsible for the correct return of the Goods and damages occurring during transport. In case of cancellation, Buyer must return the Product intact, safely packed, without undue delay and in any case no later than 14 calendar days after it communicated its will to cancel the order. Consumer is liable for any diminished value of the Goods resulting from having used them to an extent more than strictly necessary to establish the nature, characteristics and the functioning of them.

Seller will accept the returned Product only after checking that the Products have been returned in their original state and without damages. In case of damages, Seller shall have the right to withhold any amount paid by the Buyer, in whole or in part. Therefore, Seller recommends insuring the package when returning the Goods to Seller. Following cancellation and in case of no damages to the Products, Seller shall refund Buyer the amount paid within 14 calendar days of the day on which Seller receive the Products back.

9.3 Buyer can request a voucher instead of cash refund, equal to the value of the purchase made, to be used for future transactions on the Site. Buyer may also request to replace the Product with another one of its choice. In that case, Buyer will have to pay any price difference as required by the Seller.

9.4 In order to cancel their order, Buyers must send a request by PEC (Certified electronic e-mail) at the following address: danielemagri77@pec.it or by mail with delivery confirmation at the following address:

Daniele Magrì Ditta Individuale,

via Ernesto Schiaparelli, 4, 52100 Arezzo.

Buyer is free to use the Return Form published on the homepage. Buyer may also use an ordinary e-mail address, however for the order cancellation to be effective, Buyer shall receive a response from the Seller acknowledging the cancellation request.

9.5 Client may lose its legal right to cancel under this article 9 if the Product consists of digital content and if it has already started its download. Client is aware and agrees that by starting the download of digital content or once the digital content is delivered, Customer will lose its right of withdrawal by starting the performance.

   10. Warranties

10.1 If Buyer is a Consumer, all Products sold are covered by a 2 years legal guarantee of conformity. Any defect must be reported no later than 2 months following discovery thereof, under penalty of expiration. There is no lack of conformity if at the time of the conclusion of the Contract, the Consumer was aware of the defect or could not ignore it.

 

10.2 All requests for warranty must be notified by PEC (Certified electronic e-mail) or by registered mail. Buyer must describe the lack of conformity or defect through photographs and other suitable means. Seller will then confirm its willingness to process the request, or the reasons that prevent it from doing so.

 

10.3 The warranty does not cover defects resulting from normal wear and tear, incorrect or improper use of the Product, or for causes out of the Seller’s control. The Seller is not responsible for any defects or deterioration of the Product arising from improper storage or for any defects arising after expiring date indicated on its label. No guarantee will be given for damages that the Buyer could have avoided by using ordinary diligence (e.g. incorrect Product storage).

 

10.4 The legal warranty described in this article applies only to purchases made by Consumers subject to EU law, as part of purchases made within the European Union.

 

10.5 Although the Seller makes every reasonable effort to report correct and accurate information regarding the origin or other characteristics of the Product, nevertheless the Seller itself cannot guarantee the accuracy and/or exhaustiveness of the information made available on the Site. Therefore, if the Buyer believes that the Product’s country of origin is different from the location declared by the Seller, Buyer will contact Seller indicating in detail the reasons why it believes that the Good are from a different location. If the Seller believes that the reasons of the Buyer are well-founded, Buyer will be authorized to return the Product and receive a refund of the price paid. The refund will be made only upon receipt of the Product intact and without damage. Buyer agrees that the only available remedy in the event of inaccuracies related to the Good’s description and graphical representation, is to return the Product and have the price refunded.

 

   11. Copyright and intellectual property

The Site and the entire content included in this Site, including but not limited to text, graphics or code are protected by copyright under Italian and international laws and are property of the Seller. Reproduction, distribution, display or transmission of the content of this Site is strictly prohibited unless authorized in writing by Seller, without prejudice to the rights of free use provided for teaching or scientific research purposes and not for profit, always quoting the name of the author and according to Italian copyright law n. 633, 22.04.1941. All digital content included on the Site and the copyright and other intellectual property rights subsisting in that content belong to the Seller. Seller grants Buyer a personal, non- exclusive and non-transferable license on digital content. Buyer must not reproduce, copy, distribute, sell, rent, sublicence, or in any other manner transfer digital content or any right on it, nor remove or change the name of the copyright holder. The photographs of the Products published on this Site are licensed under the CC BY-NC-ND 4.0. For more information on the license terms, please refer to the following link https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode

 

   12. Amendments

This Contract, including its payment and delivery terms, may be amended by the Seller at any time. Any amendment to the Terms of Use and Sale shall be effective for any future purchase.

   13. Applicable law and competent court

13.1 These Terms of Use and Sale and the relationship between Buyer and Seller shall be governed by and construed in accordance with the law of Italy. The provisions of the United Nations Convention on the International Sale of Goods (Vienna Convention) shall not apply to this Agreement. Any dispute, controversy, proceedings or claim between Seller and Buyer relating to these Terms of Use and Sale shall be subject to the jurisdiction of the courts of Arezzo, Italy.

 

13.2 If Buyer is a Consumer according to Italian Legislative Decree 206/2005 as subsequently amended and European Union Directive 2011/83/UE, any disputes concerning these Terms of Use and Sale shall be subject to the jurisdiction of the courts where the Consumer is resident.

 

13.3 Pursuant to EU-Regulation N. 524/2013 of the European Parliament and of the Council the Seller provides the following link to the European Commission platform for online dispute resolution: http://ec.europa.eu/consumers/odr/

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