Terms and condition
This document sets out the general terms and conditions of use of the website https://shop.gwsonline.it/ which offers B2B sales of products for the treatment of drinking water at the point of use provided by the owner of the Application.
In order to allow a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:
- Owner: WTS srl, with registered office in Via Trasta, 14E N, 16161 Genova (GE), VAT number / Tax Code IT05914100820, 449570, fully paid-up share capital 75,000.00 €, PEC address firstname.lastname@example.org
- Application: the website https://shop.gwsonline.it/
- Products: the material products sold by the Owner
- User: any subject accessing and using the Application
- Professional User: the natural person of legal age or legal entity that concludes a contract for the purpose of its business, commercial, craft or professional activity
- Conditions: this contract that regulates the relationships between the Owner and the Users and the sale of the Products offered by the Owner through the Application.
Scope of Application of the Conditions
The use of the Application implies acceptance of the Conditions by the User. If the User does not wish to accept the Conditions and/or any other legal notices, public notices, information referred to therein, he/she may not use the Application or the related services.
The Conditions may be changed at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to read the Conditions carefully and save or print them for future consultation.
The Owner reserves the right to change, at its discretion, at any time even after the User's registration, the graphic interface of the Application, the Content and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
Purchase through the Application
All Products offered through the Application are described in detail on their product pages (quality, characteristics, availability, price, delivery times and costs, additional charges, etc.). Some errors, inaccuracies or small differences may be highlighted between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute contractual element.
Purchases of one or more Products through the Application are allowed to Professional Users.
Physical persons can only make purchases if they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be checked and authorized by the parents or guardians.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be considered as a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner according to what is described below. Therefore, the Owner reserves the right, at its sole and absolute discretion, to accept or not the User's order without the latter being able to raise or complain anything for any reason whatsoever.
The sale contract of the Products is considered concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User, in which will be reported the order date, the User's data, the characteristics and availability of the Product, the price or the method of calculation of the price, any additional charges and taxes, the delivery address, the times and any delivery costs, the methods for exercising the right of withdrawal or its eventual exclusion and the warranty.
The sale contract of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking if they intend to confirm the order or not. It is understood that the contract will be perfected with respect to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of their order, the related confirmation and the Conditions.
The User has the obligation to keep their access credentials which must be used exclusively by the User and may not be transferred to third parties. The User agrees to keep them confidential and to ensure that no third party has access to them and to inform the Owner immediately if they suspect or become aware of an improper use or an improper disclosure of them.
The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to indemnify and hold the Owner harmless from any damage, indemnification obligation and/or penalty arising from and/or in any way related to the User's violation of the rules on registration to the Application or on the conservation of the registration credentials.
Account cancellation and closure
The registered User can interrupt the use of the Application at any time and deactivate their account or request its deletion through the Application interface, if possible, or by sending a written communication to the e-mail address email@example.com or calling the customer service at number 010 745 1845.
In case of violation by the User of the Conditions or the applicable laws and regulations, the Owner reserves the right to suspend or close the User's account at any time and without notice.
Prices and payments
The price and VAT, if applicable, are indicated for each Product. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
In addition, all possible taxes, additional charges and delivery costs that may vary depending on the destination, the chosen delivery method and/or the payment method used will be indicated. If such expenses can not reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to modify the price of the Products and any additional costs at any time. It is understood that any price changes will not in any way prejudice contracts already concluded before the modification.
The User undertakes to pay the price of the Product within the times and in the ways indicated in the Application and to communicate all the necessary data eventually requested.
The Application uses third-party tools for processing payments and does not come into contact with the payment data provided (credit card number, cardholder name, password, etc.).
If these third-party tools deny authorization for payment, the Owner will not be able to provide the Products and cannot be held in any way responsible.
The User who wishes to receive an invoice will be asked for the data for the invoice. For the issuance of the invoice, the information provided by the User which he declares and guarantees to be true shall be taken into account, releasing the Owner from any further liability in this regard.
Delivery of material products
Material Products (including any goods with digital elements) will be delivered to the address indicated by the User, using the methods and within the deadline chosen or indicated on the Application and indicated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the usual period of time required to deliver the Product from the time it is taken over by the courier.
In the event that it is not possible to provide the requested Products, timely notice will be given by e-mail to the User, indicating when it is expected to be able to deliver them or the reasons why supply is impossible.
If the User does not wish to accept the new term or delivery has become impossible, he can request a refund of the amount paid, which will be refunded promptly in the same payment methods used by the User for the purchase at most within 14 days from the date of the Owner's knowledge of the refund request.
Upon receipt of the Product, the User is obliged to check its conformity with the order placed as well as the integrity of the packaging. If there are obvious damages to the packaging and/or the Product, the User may refuse delivery of the Product and may return it free of charge. Once the delivery document has been signed, the User may not make any objections regarding the external characteristics of the delivered Products.
The Owner shall not be liable to any party or third party in respect of damages, losses and costs incurred as a result of the non-performance of the contract due to force majeure.
Exclusion of the right of withdrawal for Professional Users
The Professional User does not have the right to withdraw from the sale or supply contract of the Products. The User expressly acknowledges that indicating the VAT number in the order automatically qualifies him as a Professional User, for whom the right of withdrawal is not provided.
Warranty of material products for professional users
In relation to material products, professional users will be subject to the guarantees for the vices of the thing sold, the guarantee for defect of promised and essential quality and other guarantees provided by the Civil Code with the related terms, deadlines and limitations (Art. 1490 et seq. of the Italian Civil Code).
Industrial and Intellectual Property Rights
All content of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright and trademark legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Subject to strictly personal uses, copying, altering, distributing, publishing or using the Contents without specific authorization from the Owner is not permitted.
Exclusion of warranty
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit warranty with respect to the Application, nor does it provide any warranty that the Application will meet the User's needs or that it will never have interruptions or be free of errors or be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available uninterruptedly 24 hours a day, but it cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice in the event of system failure, maintenance, repairs or for reasons entirely outside the Owner's will or for force majeure events.
Limitation of Liability
The Owner shall not be liable to the User, except in the case of fraud or gross negligence, for any malfunctions or malfunctions related to the use of the internet network outside the control of the Owner or its suppliers.
The Owner shall also not be liable for damages, losses and costs suffered by the User as a result of the non-execution of the contract for causes not attributable to him, the User being entitled only to the possible full refund of the price paid and any additional costs incurred.
The Owner does not assume any responsibility for the fraudulent and illicit use that may be made by third parties of credit cards and other payment methods, as it does not come into contact in any way with the payment data used (credit card number, name of holder, password, etc.).
The Owner shall not be liable for:
- any loss of business opportunity and any other indirect loss that may be suffered by the User which is not a direct consequence of the breach of contract by the Owner
- the incorrect or unsuitable use of the Application by Users or by third parties
- the issuance of incorrect or fiscal data due to errors relating to the data provided by the User, this being the only one responsible for the correct insertion
In no case shall the Owner be liable for an amount greater than double the cost paid by the User.
The Owner shall not be considered liable for the non-performance or delayed performance of its obligations, due to circumstances beyond its reasonable control due to events of force majeure or, in any case, unexpected and unforeseeable events and, in any case, independent of its will.
The performance of the Owner's obligations shall be deemed suspended for the period in which force majeure events occur.
The Owner shall take any action within its power to identify solutions that allow the correct performance of its obligations despite the persistence of force majeure events.
Link to third party sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is not in any way responsible for the contents of these sites/applications.
Some of these links may refer to sites/applications of third parties that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by the third parties will apply, with respect to which the Owner assumes no responsibility.
The protection and processing of personal data will take place in accordance with the Privacy Information that can be consulted at the page https://shop.gwsonline.it/content/6-privacy-policy
Applicable law and competent forum
The Conditions are subject to Italian law.
For Professional Users, for any dispute relating to the Application, execution and interpretation of these Conditions, the court of the place where the Owner is based is competent.