Terms and Conditions of Use
General Terms and Conditions of Sale
These general conditions of sale and the contractual relations between warew and the buyer are governed by Italian law. In the event of a dispute, before initiating any legal action, the parties undertake to seek an out-of-court solution.
We welcome you to the website www.warew.it (the “Site”).
We invite you to carefully read these general conditions of sale (hereinafter “GTC”), as well as the Privacy Policy and the Cookie Policy which regulate navigation on this Site as well as our relationships in the event that you order Products and Services on this Site.
Any purchase of a product offered on the Site presupposes the consultation and explicit acceptance of the GTC. An autograph signature on your part is not required for acceptance.
In accordance with the applicable legislative and regulatory provisions relating to electronic signature, it is recalled that the validation of the purchase order, as specified in these GTC, constitutes an electronic signature, which has the same value between the parties as a handwritten signature, and is valid as proof of the purchase order and of the due amount under the aforementioned order.
In these GTC, the following is agreed: “You” or the “Buyer” means the person browsing the Site and/or purchasing products on the Site; “We” or the “Seller” means the company identified in the legal notices above; the Buyer and the Seller shall be jointly referred to as the “Parties” and individually the “Party”.
Purchase conditions
The Products and services we offer on the Site are reserved for people:
(i) adults (or minors holding an authorization from the person exercising parental responsibility and which allows them to place an order on the Site);
(ii) have full legal capacity to place orders on the Site.
We reserve the right at any time to ask you for an identity document certifying your age and/or the aforementioned authorization.
We reserve the right not to process a purchase order and/or to exclude from our customer/potential customer database any Buyer who has not responded to the above request or who has not complied with the principles set out in this clause.
It is specified that the Products are intended for the personal use of the Buyer, that their purchase must not have any connection with the professional activity of the latter, including the resale of the Products themselves.
Products and prices
Products
The cosmetic products offered for sale on the Site, as well as any related accessory services and/or complementary products (hereinafter “Products”) are those present on the Site on the day of consultation and/or navigation on the same by the Buyer.
If a Product is not available, the Buyer is informed of such unavailability:
• when placing the order (a message appears indicating that the product is temporarily unavailable), or
• after validation of the order and before delivery, by email.
In the event that the Buyer requests the cancellation of the entire order, the Seller undertakes to reimburse the Buyer for the sums paid by the latter within a maximum of 14 (fourteen) days from the date of receipt of the request, depending on the payment method used by the Buyer.
The Buyer is informed that the photographs and texts illustrating the Products are subject to variations.
Products
Prices are indicated in Euro (€) and are valid throughout Italy.
Prices take into account any discounts and VAT applicable on the day the order is placed.
Please note that any promotions granted in the form of discount vouchers are valid exclusively for a single order per user and in a specific period of validity and cannot be combined with other discounts.
The Seller reserves the right to change prices at any time; however, the Products are invoiced based on the rates in force at the time of registration of the order, subject to their availability.
Registration and order validation
How to place an order
To place an order, the Buyer must first connect to the Site.
Subsequently, the Buyer can deepen his knowledge of the different Products offered for sale on the day of consulting the Site and choose the Products
(i) browsing the various Product categories or
(ii) by typing the name of the Product directly into the search engine or
(iii) by clicking on one of the pages in the Site map shown at the bottom of each page, thereby accessing the entire range of Products.
While browsing the Site, the Buyer who wishes to place an order can do so by simply clicking on the button intended to add the Product to the cart. Once this operation has been carried out, the Buyer will see the number of Products present in his cart.
We inform the Buyer that the contents of the cart may be subject to an expiration date.
The Buyer can continue the visit or click on the cart to view its contents, displaying all the elements of the order, the fundamental characteristics of the Products, the total amount of the order, the data for invoicing and delivery, the times, costs and any delivery limitations as well as the rights and legal guarantees available to the Buyer.
The Buyer can return to his order, complete it, modify it, cancel it if he has not yet validated it. If the Buyer wishes to choose other Products, he can continue browsing the Site, making sure that the Product(s) he has selected are present in his cart.
The Buyer has the possibility, at any time during the order processing - that is, until actual payment under the conditions set out in these GTC - to return to his order, complete it, modify it, cancel it until he has actually validated it.
Once the selection of the Products is complete, the Buyer can validate the order using the appropriate button. At that point a new page will open that invites the Buyer to:
• provide username (email address) and password if the Buyer is already registered on the Site,
• to click on the button that allows you to modify the cart and/or information relating to your personal data.
The Buyer undertakes to complete the form made available to him in good faith.
The Buyer acknowledges that the data communicated by him to the Seller and stored in the information systems of the Seller and/or subcontractors are accurate and constitute proof of his identity.
Please note that such personal data will be processed in compliance with the Privacy Policy.
After having viewed the order, the Buyer is invited to:
• click on the button that allows you to access the payment for the order, under the conditions described in these GTC, or
• to click on the button that allows you to modify the cart and/or information relating to your personal data.
By clicking on the button that allows access to the payment of the order, the Buyer must first read these GTC and then confirm his/her consent to all the GTC by activating an acceptance confirmation action requested by the Site (such as, for example, ticking a box).
As soon as the Buyer confirms acceptance of the GTC, an Internet page dedicated to the payment of the order opens. The Buyer must then proceed to the payment of the order under the conditions described in these GTC.
The data recorded by the Seller constitute proof of all transactions between the Seller and the Buyer.
Order Confirmation
Once the order has been confirmed and the payment validated according to the methods provided above, a printable and savable summary of the Buyer's order is displayed, showing the references of the purchase order itself.
The Seller will send, as soon as possible, an order confirmation email to the email address provided by the Buyer, with the following information:
– the identity of the Seller and his contact details,
– the order reference registered at the time of placing the order,
– the order summary and the main characteristics of the products,
– delivery times, costs and any limitations,
– the total amount of the order, including taxes,
– the legal rights and guarantees available to the Buyer,
– confirmation of payment.
The Seller retains ownership of the Product(s) ordered until the Seller has received full payment of the price and additional costs, including shipping costs.
In case of payment problems, the Buyer undertakes to return the products received to the Seller, upon first request.
In order to protect the Seller from possible fraud and in the event that the Seller or the online payment service provider suspects the fraudulent nature of an order, the Seller or the payment service provider reserves the right to ask the Buyer (before processing the order) for additional documents (in particular proof of domicile and debit in the name of the Buyer, photocopy of the Buyer's identity card, photocopy of the Buyer's credit card) in order to verify the non-fraudulent nature of the order.
In the absence of a response from the Buyer within 15 (fifteen) days following the sending of the request by the Seller or the online payment service provider, the order will be cancelled and the Seller will proceed within 14 (fourteen) days following the expiry of the aforementioned term to refund the order according to the payment method used by the Buyer.
Proof of order
By explicit agreement between the Seller and the Buyer, e-mail messages are binding between the Parties, as are the automatic registration systems used on the Site, in particular with regard to the type and date of the order.
The Buyer may access, if necessary, in accordance with the rules of common law, the electronic contract stipulated between the Buyer and the Seller.
To this end, you must contact Customer Service to which you will provide all the necessary information, in particular the order number and its details.
Payment
The amount owed by the Buyer is the one indicated in the order confirmation and displayed on the dedicated internet page and subsequently sent by email by the Seller to the Buyer.
When validating the order, the Buyer can choose between different payment methods.
Payment can be made:
• immediately via the Internet, by credit card (Visa, Amex, Mastercard);
• via Paypal.
The order is validated by the Seller only after acceptance of the GTC and verification and confirmation of the validity of the payment.
In any case, the Seller reserves the right to refuse any order or any delivery in the event of:
(I) exceeding the maximum thresholds indicated in article 1 – “Conditions of purchase” of these GTC,
(II) ongoing dispute with the Buyer,
(III) total or partial non-payment of a previous order by the Buyer,
(IV) refusal of authorization for payment by credit card by banking institutions,
(v) non-payment or partial payment.
Delivery and reception
Delivery Methods
Once prepared, the order is shipped to the postal address communicated by the Buyer when placing the order.
The Products are delivered by postal services or by a specialized supplier (hereinafter the “Carrier”).
In the event of the Buyer's absence, the Carrier leaves a notice of passage in the Buyer's letterbox. The product will be available for collection at the nearest post office.
Timings
Orders are prepared by the warew logistics center in Italy, and are delivered by the courier chosen by warew (DHL Express).
The Buyer will be able to follow the progress of his order through the appropriate link that will be sent together with the electronic communication of shipment.
Estimated delivery times are shown in the table below and are considered from the date of order placement. Estimated time is indicative and may be subject to change.
Estimated times: Delivery method** Estimated time Delivery time 5-7 working days
* valid if an order is placed before 12pm on a working day. If the order is placed after 12pm or on a non-working day, the estimated delivery time requires an additional working day.
** For destinations such as the Islands, delivery time may require an extra working day.
Delay in delivery
warew is not responsible for delivery problems due to events or situations beyond its control, including cases of delays attributable to the transport service or loss of products.
In case of delays, please inform Customer Service as soon as possible by contacting us via our email address: customercare@warew.jp .
The courier will then be contacted to carry out the relevant checks. The Buyer is informed that carrying out a check is an uncertain and relatively lengthy process that the Seller cannot control.
In case of exceeding the maximum delivery term of 30 (thirty) days, the Buyer can exercise the right of withdrawal by contacting Customer Service.
From the exercise of the right of withdrawal, the Seller will refund all sums paid by the Buyer (including delivery costs), according to the payment method used by the Buyer, within a maximum of 14 (fourteen) days from receipt of the notification, excluding any other compensation.
Delivery can be made in several moments. Therefore, in case of partial delivery, the right of withdrawal can be exercised only with reference to the part of the order that has not yet been delivered.
If the order is found during the verification, it will be immediately redirected to the delivery location indicated in the order.
If at the end of the verification the loss of the order is confirmed, the Seller will make a new shipment of the Product(s) to the Buyer at his own expense or, in the event of definitive unavailability, will reimburse the Buyer the sums collected on the bank account debited at the time of the order.
Receipt
Each delivery is considered to have been made from the moment the Product(s) are made available to the Buyer by the Carrier.
It is the Buyer's responsibility to immediately verify, upon receipt of the Product(s), the conformity and integrity of the Product(s) shipped, reporting any anomalies or defects on the Carrier's delivery receipt.
Any defect must be reported to the Seller's Customer Service as soon as possible. A copy of the complaint forwarded to the Carrier must be attached.
Legal guarantees
Pursuant to articles 129 et seq. of Legislative Decree no. 21/2014 (Consumer Code), the Seller is required to deliver to the Buyer Products that comply with the order placed by the Buyer.
The Products are presumed to be compliant if:
• are suitable for the use for which goods of the same type are normally used;
• conform to the description provided by the Seller and possess the qualities of the goods that the Seller has presented to the Buyer as a sample or model;
• present the qualities that a Buyer can legitimately expect taking into account the nature of the goods and the public declarations made by the Seller on the specific characteristics of the goods;
• are suitable for the particular use desired by the Buyer which has been brought to the attention of the Seller who has accepted it.
Likewise, pursuant to Article 1490 of the Civil Code, the Seller is required to ensure that the Products sold are free from hidden defects that make them unsuitable for the use for which they are intended or that appreciably reduce their value.
If the Products delivered do not conform to the Products ordered by the Buyer or if they have hidden defects, the Buyer must send an email to the Seller's Customer Service to communicate the non-conformity or hidden defects of his Product(s).
The Buyer has 2 (two) years from the delivery of the purchased Products to exercise the guarantee against hidden defects and it must be asserted by the Buyer within two months of discovering the defect.
Any complaint made after the aforementioned term of 2 (two) will be rejected and warew will be relieved of any liability.
Following the notification of non-conformity or the presence of defects, the Seller's Customer Service will confirm that it has received the Buyer's request and will inform him of the procedure to follow.
The Product(s) must be strictly
(I) returned complete, unused, in original packaging intact and
(II) accompanied by the original packaging as well as the return slip provided by the Seller's Customer Service and the invoice.
The Seller will not accept unpaid packages. Any risk associated with the return of the Product(s) is borne by the Buyer.
Upon receipt of the Product(s) presumed to be non-compliant or affected by a hidden defect, the Seller will carry out an inspection of the Product(s) to ascertain their conformity.
Likewise, the Seller may carry out a quality test on the Product(s) returned by the Buyer to verify that the returned Product(s) is/are the original Product(s).
It is understood that such checks are carried out as soon as possible and within a maximum period of 1 (one) month.
If the non-compliant nature of the Product(s) is confirmed or if the hidden defect is confirmed, the Seller will proceed, at the Buyer's choice:
• to the reimbursement of the non-compliant Product(s) affected by a hidden defect, as well as the shipping costs, depending on the payment method used by the Buyer, within 14 (fourteen) days of receipt of the non-compliant or defective Product(s), or;
• upon request of the Buyer, to exchange the non-compliant Product(s) affected by a hidden defect.
The shipment of the Product(s) to the Buyer is carried out at the Seller's expense and under the conditions of these GTC.
Right of withdrawal
In full compliance with art. 52 of Legislative Decree no. 21/2014 (Consumer Code), the Buyer has a term of 14 (fourteen) days, starting from the day of actual delivery of the order, to withdraw from the purchase contract of the Products, without having to provide reasons or pay penalties, with the exception of shipping costs for the return which are borne by the Buyer.
In the event of the purchase of multiple Products delivered at different times, the aforementioned term will start from the receipt of the last item in the purchase order.
In case of failure to exercise the right of withdrawal within the 14 (fourteen) day period indicated above, the order is considered final and no refund can be made.
The right of withdrawal may be exercised exclusively by the Buyer and not by third parties.
The Buyer may exercise the aforementioned right of withdrawal within the established terms by completing the standard withdrawal form delivered together with the order, as per Annex 1 to Legislative Decree no. 21/2014, or in a free form drawn up by the Buyer with an explicit declaration of the decision to withdraw from the contract, to be sent to the address Chimar srl, Via Pesadori 5, 26013 Crema (CR), Italy.
The Seller will confirm that he has received the withdrawal request from the Buyer.
The Buyer has a period of 14 (fourteen) days, starting from the date on which he communicated to the Seller that he wishes to exercise the right of withdrawal, to return to Chimar srl, Via Pesadori 5, 26013 Crema (CR), Italy, the complete, unused Product(s), in their original intact packaging and, possibly, accompanied by the original packaging, the return slip and the invoice.
The direct cost of returning the Products is borne by the Buyer.
In the event of failure to return the Products within the 14 (fourteen) day period indicated above, the order is considered final and no refund can be made.
The Seller undertakes to refund the Buyer all sums paid. The refund is made according to the payment method used by the Buyer for the initial transaction, within a maximum of 14 (fourteen) days from the exercise of the right of withdrawal by the Buyer.
The refund of the sums may be postponed until the Products are returned by the Buyer or until the Buyer has demonstrated that he has sent back the goods, whichever is earlier.
Pursuant to art. 59 of Legislative Decree no. 21/2014 (Consumer Code), the right of withdrawal referred to in this article is excluded in the following cases:
• waiver expressly expressed by the Buyer;
• supply of Products packaged to measure or clearly personalized;
• supply of sealed Products which are not suitable for return for hygiene or health protection reasons and have been opened after delivery;
• supply of Products combined with other Products (for example: single Products within a box made up of different Products).
For any further information on the scope, content and instructions relating to the exercise of the right of withdrawal, the Buyer may contact the after-sales service at the following e-mail address: customercare@warew.jp ?.
Various
Force majeure
Neither Party shall be liable for any failure to perform, in whole or in part, or delay in performing any of its obligations under this Agreement that is caused by an event which it cannot prevent (hereinafter the “Force Majeure Events”).
Force Majeure Events may include, but are not limited to, wars, riots, insurrections, serious disruption of Internet security, technical failures, unauthorised access and/or intrusions into the website servers, strikes of any kind, computer or telephone failures, etc.
The Party which assumes that a Force Majeure Event has occurred or is at risk of occurring shall inform the other Party within 5 working days of the event or such risk.
The Parties agree to meet to jointly determine the terms and conditions for fulfilling orders during the occurrence of a Force Majeure Event.
After 1 (one) month of interruption due to a Force Majeure event, warew may choose to cancel orders and refund the Buyer, where applicable.
Partial nullity
If one or more clauses of these GTC are considered null or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other clauses will remain valid and effective.
Entire agreement
These GTC and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relationships stipulated between the Parties.
In the event of any discrepancy between the above documents, these GTC shall prevail.
Modification of the GTC
It is specified that the Buyer can save or print these GTC, provided that they are not modified.
The GTC in force can be consulted at any time under the heading “Terms and Conditions” accessible from all pages of the Site via the footer.
The Seller may, at any time, update these GTC.
Each updated version of these GTC will be made available on the Site in the dedicated section: warew therefore invites all users to periodically consult the Site to always be informed of the latest uploaded version.
Applicable law and competent court
The GTC and the contractual relationships between warew and the Buyer are governed by Italian law.