Terms of Use
General conditions of Sale
APPLICATION OF THE GENERAL CONTRACT CONDITIONS
1.1. Wibe® Srl is a limited liability company with
headquarters in Turin and registered office in Strada del mainero, 58 10131 Turin, registered in the
Register of Companies of Turin and manages an online shop on the following sites
web: https://www.wibeflavor.com/
These General Conditions ("GTC") are
apply to all orders placed by the Customer (the "Customer") (wibe®
and the Customer together with the "contracting parties") through the aforementioned stores
wibe® online, in the version valid at the time of ordering.
1.2. These GTC apply to both buyers and
to companies under Italian consumer protection law.
1.3. wibe® expressly rejects any conditions
general nature of the Customer's derogation. Any derogations to these
GTC, additional agreements or any conditions of the Customer that conflict with
These conditions are only effective if confirmed in writing by wibe®.
1.4. Definitions:
Buyers:
when these GTC refer to "Buyers", this refers to
to natural persons for whom the purpose of ordering goods from the store
online is not related to a commercial, autonomous or independent activity,
that is, the transaction does not fall within the management of the company.
Agency:
when these GTC refer to "companies", this refers
to natural or legal persons or to partnerships with legal capacity
legal for which trade is part of the exercise of their
activities. The distinction between Buyer and Company is made in
consumer protection compliance.
Customer:
is any User who purchases a product through the website and/or
have a personal account on the website.
Order:
It is the process by which the Customer selects the products he wants
purchase and have it delivered. An order is completed when the Customer has
selected the products to be delivered and the delivery options and has
paid the amount due. Once finalized, the order will be accepted by
Wibe, which will ship the ordered products in compliance with the
terms of these GTC.
Set off
contractors: are Wibe® and the Users of the website jointly.
Products:
are the products offered for sale on the website.
DESCRIPTIONS
OF THE PRODUCTS
Wibe® is committed to ensuring that product photos
correspond as closely as possible to the products actually delivered to the Customer
(in particular the colour of the products). However, Wibe® cannot guarantee that
the products correspond exactly to the photos, especially due to the
technical limitations of publishing photos on the website. The Customer may
receive products packaged in a way that does not correspond to the photos of the
packaging present on the Wibe® website, in case Wibe® changes the product packaging.
CONCLUSION
OF THE CONTRACT
3.1. Product descriptions contained in the shop
Wibe® online does not constitute
binding offers from Wibe®, but serve to submit an offer
binding on the part of the Customer.
3.2. To place an order, the Customer selects the
products of your choice on the website and places them in your shopping cart without obligation
virtual.
3.3. If the Customer wishes, he can create an account
staff that will allow him, above all, to follow the progress of his
orders on the website and find the related confirmations and invoices.
3.4. Any offers from Wibe® for the conclusion of a
contract do not constitute a bond or a commitment and represent only
an invitation for the Customer to place an order. Before sending, Wibe® displays
to the Customer the cart with the goods contained in the order. At this point the
Customer can modify and correct any selection errors.
3.5. By clicking the "Order Now" button, the
Customer submits a binding offer to conclude a contract with Wibe®.
The acceptance of this offer and therefore the conclusion of the contract takes place
with the sending of an order confirmation by Wibe® via email to the address
of email indicated by the Customer. Wibe® reserves the right to
request proof of the Customer's identity and solvency before
accept an order.
3.6. Customers who are Companies also have the possibility
to place orders by telephone, email, order form or sales
directly, as well as through the website. By placing an order by telephone, e-mail,
order form, direct sale or by clicking on the "Order now with" button
"payment obligation", the Customer submits a binding offer for the
conclusion of a contract with Wibe®. Acceptance of the offer and therefore the
conclusion of the contract takes place with the sending of an order confirmation via
e-mail to the e-mail address indicated by the Customer.
3.7. As soon as the order has been completed, Wibe® sends to the
Customer an invoice via email to the email address provided
by the Customer at the time of ordering. The Customer is advised to save or
Print the invoice and keep it in a safe place.
3.8. The language of the contract depends on the language of the site
website on which the Customer purchases the products.
3.9. Wibe® undertakes to fulfill confirmed orders up to
out of stock. If one or more products are not available after dispatch
of the order, the Customer will be notified by email. The Customer will then be able to
choose whether to receive a refund for unavailable products or whether to receive
the order when the products in question are available again (unless
have not been permanently removed from Wibe® stock).
3.10. Wibe® may change at any time
the range of products on sale on the website without this having any
effect on orders placed by the Customer.
PRICES
AND PAYMENT TERMS
THE
The prices indicated on the website include VAT. Shipping costs
Shipping is not included in the indicated price, but is indicated
separately.
4.2. For the Company: Shipping costs are based on
individual agreements. If shipping costs are included in an order,
These are indicated separately.
4.3. The Seller reserves the right to modify in
any time the prices of the products sold on the website. The Seller
invoices the Buyer for the product based on the price applicable at the time
of the order.
4.4. For companies, it is possible to pay by invoice with
deferred payment. If payment by invoice is possible, payment must
be made within 30 days of receipt of the same. For all
other methods, payment must be made in advance without deductions.
4.5. In case of delay in payments by the customer, Wibe®
is authorized to charge default interest equal to 4% per annum starting from
Expiration date.
If the Customer is a Company, in the event of non-payment
late payment interest of 9.2% per annum will be charged in addition to the latest rate
basic established by the European Central Bank.
4.6. Furthermore, in the event of non-payment, the Customer shall
undertakes to reimburse Wibe® for the collection and reminder costs incurred,
to the extent that they are necessary for extra-judicial expenses and are
reasonably proportionate to the credit sought. The claim for
further rights and claims remain unaffected.
Google
Pay
Customers can pay with Google Pay during the checkout process
of order.
To do this, they must confirm the payment via the app.
mobile "Google Pay" on a supported device, respecting the
verification levels.
For the transaction, Google Pay uses your payment data
stored by the Customer in the app.
More information is available here:
https://support.google.com/pay/merchants/answer/6345242?hl=de
Apple
Pay
Customers can pay with Apple Pay during the checkout process.
of order.
To do so, the Customer must confirm the payment via
the "Apple Pay" service on a supported Apple device,
respecting the verification levels.
Apple Pay uses payment data for the transaction
stored by the Customer in the Apple Wallet app.
You can redeem more than one gift card per purchase.
purchase on www.wibeflavor.com. Gift cards can be used once or
several times until their amount.
Within the scope of a purchase, a gift card can be
supplemented by another payment method.
Gift cards cannot be returned or redeemed
in cash. If the purchased goods are returned, the customer will receive
a refund of the purchase price on the gift card used for
the purchase.
CONDITIONS
OF DELIVERY
5.1. The ordered goods will be delivered to the address
indicated by the Customer using one of the standard shipping methods
Wibe® discretion.
5.2. The shipping dates communicated by us are indicative.
and may vary up to two working days, unless otherwise stated
an exact date was expressly agreed upon.
5.3. If no delivery term is specified for the
products on the website, Wibe® undertakes to deliver the products within a
maximum of 30 (thirty) days from sending the email to the Customer to confirm
the order. In this case, the products in question will be delivered within
deadline indicated on the website and reiterated at the time of ordering.
5.4. In case of delay in delivery, the Buyer will be
informed by email of such delay and any effect on delivery times
delivery indicated.
5.5. Shipping costs are indicated on the website
during the ordering process, are inclusive of all taxes, and
must be accepted by the Customer at the time of order confirmation. The
shipping costs of the goods to the address indicated by the Customer will be
charged in addition to the price of the goods. It is specified that the amount of the
Shipping costs may vary depending on the delivery area.
5.6. The goods are shipped at the Customer's risk. If
the Customer is the Buyer, the risk of loss or damage to the goods
passes to the Customer only upon delivery of the goods to the Customer or to a
third party indicated by him. If the Customer, who is the Buyer, has concluded
personally the transport contract without using one of the methods of
shipping proposed by Wibe®, the risk passes to the carrier as soon as
takes charge of the goods.
PROHIBITION
OF COMPENSATION
7.1. The Customer is not authorized to offset claims of
Wibe®with any counterclaims. However, this shall not apply in the event of
insolvency of Wibe® or counterclaims legally connected to a claim of Wibe®,
whether they have been approved by a court or recognized by Wibe®.
RESERVE
PROPERTY
8.1. The goods remain the property of Wibe® until their
full payment. Resale prior to transfer of ownership is
permitted only if Wibe® has been informed in good time, indicating the name
or the company name and the exact (commercial) address of the next
Buyer, and if Wibe® authorizes the resale. If Wibe® gives its
authorization, the credit of the sales price is considered assigned to Wibe® and Wibe® has the right to inform the Buyer
of this assignment at any time.
WARRANTY
LEGAL
9.1. The provisions relating to the
legal guarantee.
9.2 The warranty is excluded for defects caused by the Customer.
This is especially true in case of improper use.
9.3. If the Customer is a Company, points 9.1. and 9.2. apply.
9.2. of these GTC with the following exceptions:
9.3.1. It is the Customer's responsibility to check any
defects in the goods at the time of delivery. The defects found must
be reported in writing to Wibe® immediately, at the latest within 5
days from delivery - unless a later date has been expressly agreed
different term - with a description of the defect. Hidden defects must
be reported immediately after detecting them. If the complaint is not
whether or not presented in due time, the goods are considered
approved and accepted, and it will no longer be possible to assert the rights of
warranty and compensation for damages, as well as the right to contest errors due to
to defects.
9.3.2. Wibe® reserves the right to satisfy the right
of warranty at its discretion by correction, replacement, reduction of the
price or conversion.
RIGHT
WITHDRAWAL POLICY FOR BUYERS
Customers who are Buyers have the following right to
withdrawal under the Consumer Protection Act:
10.1. The Customer has the right to withdraw from the contract
within fourteen days without having to provide any justification.
10.2. The withdrawal period is fourteen days and
starts from the day on which the Customer or a third party appointed by him, who is not the
carrier, has taken possession of the goods; or (for contracts of
subscription) from the day on which the Customer or a third party appointed by him, who does not
both the transporter and the first goods have been taken into possession.
10.3. To exercise the right of withdrawal, the Customer must
communicate to Wibe® the withdrawal from the contract by means of an explicit declaration
(e.g. by letter sent by post or email) to info@wibeflavor.com
or Wibe Srl, Strada del mainero, 58 10131 Turin. The Customer can use the
withdrawal form below, but it is not mandatory. The Customer can
submit the withdrawal form or another explicit declaration. If the
Customer uses this option, Wibe® will immediately send
(for example by email) confirmation of receipt of the withdrawal.
10.4. To comply with the withdrawal deadline, it is sufficient
that the Customer sends the communication relating to the exercise of the aforementioned
right before the withdrawal period expires.
10.5. In the event that the Customer withdraws from a contract, Wibe®
is required to return all payments, which Wibe® has received from the
Customer, including shipping costs (with the exception of additional costs,
if the Customer has expressly chosen a delivery other than
least expensive standard delivery offered by Wibe®) immediately and at the latest
within fourteen days from the day on which the company received the communication
of withdrawal from the contract. For this refund, Wibe® uses the same method
of payment that the consumer used in the original transaction,
unless otherwise expressly agreed with the Customer;
In no case will any costs be charged to the Customer for this refund.
10.6. Wibe® may refuse the refund until it has
received the goods or until the Customer has provided proof that the
goods have been returned, whichever occurs first.
10.7. The Customer is required to return or return the
goods to Wibe® immediately and, in any case, no later than fourteen days from the
day on which the Customer informs Wibe® of the withdrawal from the contract
following address:
Wibe Srl
Mainero Street, 58
10131
Turin
.
The deadline is considered to have been met if the Customer sends the
goods before the expiry of the fourteen-day period.
10.8. The Customer shall bear the direct costs of the return
of the goods.
10.9. The Customer will be responsible for any loss
of value of the goods only if such loss of value is due to a
handling of the goods not necessary to verify their condition, properties
and functionality.
10.10. Exceptions to the right of withdrawal: the right of withdrawal does not apply
right of withdrawal for goods produced according to the Customer's specifications or clearly
adapted to personal needs. Furthermore, there is no right of withdrawal for
goods delivered sealed and not suitable for return for reasons of
protection of health or hygiene, if the seal has been removed after the
delivery. For example, once the packaging seal has been opened or removed, or a
Once the package has been opened, it is no longer possible to return them. Furthermore, the
Bottles that have already been used can no longer be returned.
LIMITATION
OF RESPONSIBILITY
11.1. Wibe® is responsible towards Customers if the
damage was caused intentionally or through gross negligence. In the event of fault
slight, Wibe® is only liable for breach of contractual obligations
materials - with the exception of damage to persons - in these cases, however,
the amount is limited to the damages foreseeable and typical of the contract at the time
of the conclusion of the contract.
11.2. To the extent permitted by law, liability
of Wibe® towards Customers who are Companies is limited to the price of
sale of the products purchased by them.
11.3. Wibe® excludes any liability towards
of Customers who are Companies for indirect damages, loss of profit, loss
of interest, failure to realize savings, consequential damages and losses
financial or damages arising from third party claims.
11.4. In no event shall Wibe® be liable for causes of force majeure.
major, labor disputes, natural disasters or other circumstances beyond the control of
outside the control of Wibe® or for reasons for which Wibe® is not responsible and
that delay the fulfillment of a contract.
11.5. If the Customer is a Company, the requests for
Damages can only be claimed in court within six months
from the moment of becoming aware of the damage and its author, and at the latest within three
years from the event that gave rise to the request.
11.6. The following applies to orders to which the
Customer wishes to make changes and customizations to the goods: the
The Customer is solely responsible for the content of the customization he creates.
choice. The customization is not checked by Wibe® to verify the
presence of errors (design, grammar, positioning, size, quality
of the image, etc.) The Customer undertakes not to use content (of
text) that violate the rights of third parties or otherwise violate laws
in force. This applies in particular to contents that violate trademarks or other rights
of third party authors, which contain defamatory and criminally
punishable and other content prohibited by criminal law. It is not permitted
the use of pornographic, extremist, glorifying or inciting content
violence or that offend common decency. Wibe® is not responsible for
any crimes committed by the Customer. The Customer shall hold Wibe® harmless
from any possible request, in particular from those for compensation
damages, which may arise from a breach of the above obligations.
DISPOSITION
ON DATA PROTECTION
The data protection provisions of Wibe® are
apply to all customers.
They are available on the website in the footer section.
RIGHT
APPLICABLE AND JURISDICTION
13.1. Italian law shall apply exclusively,
exclusion of the United Nations Convention on Contracts for the Sale of Goods
international trade of goods and the conflict of laws rules in the international legal system
international private. This choice of law applies to consumers only
to the extent that the protection afforded by mandatory provisions of the
law of the State of habitual residence of the consumer is not revoked.
13.2. For all disputes arising out of or connected to the
present GTC or to all legal relationships between Wibe® and its customers, the
The contracting parties accept the exclusive jurisdiction of the competent court
of Turin. For all actions brought against a consumer with domicile,
habitual residence or place of work in Italy due to disputes arising
from the contractual relationship, one of the courts in whose district shall be competent
the Customer has his domicile, habitual residence or place of work. For the
Buyers who do not reside in Italy at the time of signing the contract,
the jurisdictions established by law apply.
12.3. Wibe® refers to the European ODR platform for the
online extrajudicial resolution of disputes between consumers and
traders, accessible at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE .
PROVISIONS
SPECIAL FOR COMPANIES
The following applies to customers who are Businesses:
14.1.The possible invalidity of individual provisions of the
present GTC will not affect the remaining content of the GTC. The provision
ineffective must be replaced by an effective provision that is
legally valid and that comes as close as possible to the economic purpose
of the ineffective provision.
14.2. The resale of the goods purchased from Wibe® is
permitted only within the Company's normal business premises
(offline) and in the context of normal business activity to private customers
(consumers) for their own consumption.
FORM
WRITTEN
15.1. Modifications, additions and ancillary agreements to these
GTC are only valid in written form. This also applies to the derogation agreement
this formal requirement. In case of contradictions between these GTC and other
written agreements between the contracting parties, the provisions of the other prevail
agreements.