Conditions of Sale Terms and Conditions of Sale Identification of the Supplier The goods covered by these general conditions for online sales are promoted and offered for sale by the company WHAT'SUP S.R.L., VAT number 05463670280 hereinafter referred to as the "Supplier";
1. Definitions
1.1. The expression "Online sales contract" means the contract drawn up between the Supplier and the Buyer in a sales system organized by the Supplier through telecomputer devices.
1.2. The term "Buyer" means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes unrelated to any commercial or professional activity carried out.
1.3. The term "Supplier" means the entity that promotes and offers for sale its material goods, described and presented on the site https://whatsup.wtf
2. Object of the contract
2.1. With this contract, the Supplier offers for sale and the Buyer purchases material goods remotely.
2.2. The products offered for sale referred to in article 2.1. of these conditions are illustrated on the website https://whatsup.wtf
2.3. After having given consent to the use of personal data and the use of photographic material, you can also place an order with the Supplier, the Buyer acknowledges having read and accepted all the conditions of sale, payment and any other contractual condition regulated by this contract and implemented during the acquisition procedure;
2.4. The Buyer is not entitled to compensation for damages caused by the non-approval, even if limited, of an order.
2.5. The Buyer can purchase the products offered for sale by the Supplier at the time of sending the order and viewable on the website https://whatsup.wtf as described in the relevant information sheets.
3. Method of stipulating the contract
3.1. The contract between the Supplier and the Buyer is concluded at distance, solely via the internet. By proceeding according to the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods offered on the Supplier's website.
4. Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the correct finalization of the purchase order, always after viewing a printable order summary web page, which contains the details of the orderer and the order, the price of the product(s) purchased(es), shipping costs and any additional additional charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, it sends a confirmation e-mail or displays a printable web page confirming and summarizing the order, in which it is important that the also the data referred to in the previous point.
5. Payment and refund methods
5.1. Payment by the Buyer can only be made using one of the methods indicated on the Supplier's web page, specifically through the Stripe platform.
5.2. Refunds, in the event of exercise of the right of withdrawal, as governed by clause 11 and following of this contract, within 30 (thirty) days from the date on which the Supplier became aware of the withdrawal itself.
6. Delivery times and methods
6.1. The Supplier undertakes to deliver the selected and ordered products, in the manner chosen by the Buyer at the time of offering the goods.
6.2. The Supplier will promptly deliver the products purchased via express courier.
6.3. In the event that in the same order there are items available in stock and ready for delivery together with items to be ordered, the order will be delivered at a single time, therefore upon the arrival of the items not immediately available. The Supplier reserves the right to process orders even partially.
6.4 Direct and/or indirect damages due to delayed delivery cannot be borne by the Supplier only if the delayed delivery is attributable to force majeure or unforeseeable circumstances.
6.5. In the event that multiple purchases are made at the same time (by multiple users), the Supplier reserves the right, once the order has been received, to verify the availability of the goods and, in the absence of the latter, to promptly communicate non-acceptance of the order sent.
6.6. In the event that the courier is unable to make the delivery due to the absence of the recipient, or because the destination facility is closed, a new delivery attempt will be made. In all other cases (shipment refused, customer transferred, incorrect address or inability to contact the customer to request collection of the shipment) or if the second delivery attempt is also unsuccessful due to the fault of the recipient, the product will be returned to the Supplier, at the expense of the recipient or the buyer who will be given a voucher for the money advanced for the purchase of the goods minus the Shipping fees.
6.7. The Supplier requests that any problems relating to damage to the products received be reported within 2 (two) days of delivery by promptly contacting customer service at the following email address info@whatsup.wtf who will open a damage case , theft or anomaly necessary to ascertain any liability of the carrier and verify the presence and extent of damage to the physical integrity of the products caused by transport, everything must be documented with an image in digital format, to be attached to the communication addressed to the Service Supplier's Customers. Without prejudice to the Legal Guarantee referred to in art. 132 co. 2 C.d.C. on the part of the consumer.
6.8. Shipping methods, times and costs are indicated and highlighted on the Supplier's website.
7. Prices
7.1. The sales prices of the products displayed and indicated are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2. The sales prices include VAT and any other taxes. Shipping costs and any additional charges will be promptly quantified by the Supplier with an order confirmation email confirming receipt of the Buyer's order.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated, and unless stocks last, on the website https://whatsup.wtf
8. Availability of products
8.1. The Supplier ensures the preparation and sending of orders without any delay.
8.2. In the event that an order exceeds the quantity existing in the warehouse, the Supplier, via e-mail, will inform the Buyer if the good is no longer available or what the waiting times are to obtain the chosen good, asking whether he intends to confirm the order or not.
9. Limitations of liability
9.1. The Supplier assumes no responsibility for inconveniences attributable to force majeure or accidental circumstances and in the event that it is unable to fulfill the order within the times established by the contract.
9.2. The Supplier will not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him.
10. Obligations of the Buyer
10.1. The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the contract.
10.2. The Buyer undertakes to print and keep the contract once the electronic purchase procedure has been completed.
11. Right of withdrawal and returns
11.1 The Buyer will not be able to exercise the right of withdrawal, in accordance to the art. 55 of the Consumer Code, in the following cases: • for the supply of all tailor-made and personalized goods; • for the supply of goods which by their nature cannot be returned, which risk deteriorating or perishing rapidly. The right of withdrawal is not permitted to natural persons acting for commercial purposes or in any case related to their business activity, either directly or indirectly.
11.2 To exercise this right, the Buyer must simply send the Supplier a communication within 14 days from the date of receipt of the chosen products.
This communication must be sent by registered letter with acknowledgment of receipt addressed: WHATSUP NEGOZIO - Riviera Tito Livio,75 35122 Padua (PD) Once the Supplier receives the withdrawal form, customer service will communicate a notice to the Buyer receipt and instructions for proceeding with the return of the goods.
11.3. The right of withdrawal, if granted, is subject to the following conditions: • the right applies to the goods purchased in its entirety, as the right of withdrawal cannot be exercised on part of the purchased product; • the purchased product must be intact and returned in the original packaging, complete in all its parts, with packaging and accessory documentation; • the Supplier is not responsible for damage, theft or loss of goods returned by uninsured shipments; • as soon as it arrives in the warehouse, the product will be carefully analyzed to assess any damage or tampering not resulting from transport. • Except for possible restoration costs for confirmed damage to the original packaging, the Supplier will refund the customer the entire amount paid within 14 days.
11.4. The right of withdrawal lapses due to the lack of integrity of the goods (packaging and/or its contents), in cases where the Supplier ascertains: • the lack of packaging external and/or internal; • the lack of integral elements of the product; • the lack of a label no longer attached to the product; • damage to the property. If the right of withdrawal lapses, the Supplier will return the purchased good to the sender, charging the Buyer for shipping costs and without returning the value of the good already paid.
11.5 The items must reach the Supplier intact and intact in their original packaging. In no case will unauthorized returns or returns in makeshift packaging be accepted. Furthermore, returns relating to products that tend to deteriorate will be authorized and accepted.
11.6 The procedure for replacing a product or one of its components can only be activated if one of the following hypotheses occurs (except as provided for in the event of a lack of conformity by articles 128 et seq. of the Consumer Code): • A product different from the one chosen by the Buyer was mistakenly shipped by the Supplier and, therefore, not present in his order. If this misunderstanding occurs, the Buyer is required not to open the package and report the error to the Supplier;
11.7 In the event that the Buyer uses the right of withdrawal or activates the request to replace an item, before organizing the return shipment, the Buyer is obliged to contact the Supplier's Customer Service via e-mail. In any case it is necessary to prepare the following documents and data: • original invoice (order number, invoice number, customer code number); • in case of partial withdrawal, in addition to the purchase invoice, the identified code of the item; • specify, especially if you prefer to obtain a refund of the total amount or replacement of the item.
11.8 In case of withdrawal: • The product must be returned to the courier, in the original packaging; • the product must not have been used; • the label must still be affixed to the product; • in the event that multiple items are returned, the return shipment must be made in a single solution. If all the required conditions are respected, the customer will be given the opportunity to choose between exchanging the item or refunding the item purchased using the same payment method used for the purchase within 14 days.
12. Warranty
12.1 The products sold by the Supplier are accompanied by the manufacturer's official guarantee and the seller's legal guarantee provided for by articles. 128 et seq. of the Consumer Code. In any case, the guarantee applies to the product that presents aesthetic defects and/or malfunctions not detectable at the time of purchase, provided that it is used correctly and with due meticulousness.
12.2 To take advantage of the guarantee, the Buyer must keep the invoice received in electronic format and if possible attach photographic documentation of the product to the complaint.
12.3 The presumption of lack of conformity is 24 days.
13. Causes for termination
13.1. The constraints referred to in point 10.1 are of an essential nature, so that by express agreement, the failure to fulfill just one of the aforementioned obligations, unless determined by fortuitous circumstances or force majeure, will result in the termination of the contract pursuant to art. 1456 of the Civil Code, without need for judicial ruling.
14. Method of archiving the contract
14.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the Supplier's headquarters, according to confidentiality and security criteria.
15. Applicable law and dispute resolution
15.1. This contract is regulated by the Italian law. The competent court is that of the consumer. In accordance with the art. 52 of the Consumer Code, the consumer acknowledges having received all the information necessary for the validity conclusion of this distance contract.