General sales terms and right of withdrawal

General sales terms and right of withdrawal.

Right of withdrawal pursuant to Italian Legislative Decree no. 206/2005

The right of withdrawal is granted only for the products listed in Leg. Decree no. 205 of 06 September 2005.
The Purchaser has the right to withdraw from the stipulated contract, without any penalties, and without stating the reason thereof, within 14 (fourteen) days following the reception of the purchased product.
If the Purchaser wishes to resort to the right of withdrawal, they must notify their will to the Seller, using the withdrawal form in Annex I, part B, of Leg. Decree no. 21/2014, or by submitting any other explicit statement stating their decision to withdraw from the contract. The burden of proof of exercising the right of withdrawal in accordance with this Article shall be on the Purchaser. In order to exercise the right of withdrawal, the relevant communication may be replaced by the return of the purchased product, provided that it is performed within the valid terms, with the methods set forth in Art. 12. The date of the postmark or express courier receipt will serve as proof.
The item shall be returned without undue delay, and, in any case, within 14 (fourteen) days following notification by the Purchaser of their intention to withdraw from the contract to the Seller. In any case, to be eligible for full reimbursement of the price paid, the item must be whole, or, in any case, in good conditions, as resulting from its assessment to establish the nature, characteristics and operation of the same.
The Purchaser is not entitled to exercise the right of withdrawal for tailored-made or clearly customized items, or for items that cannot be sent back or that risk deterioration or quick alteration of their characteristics.
The Purchaser exercising the right of withdrawal, pursuant to this Article, shall bear the direct costs for returning the item to the Seller.
The Purchaser exercising the right of withdrawal in compliance with the applicable provisions, shall be reimbursed of any amount already paid, except for any additional costs related to the type of delivery expressly selected by the Purchaser, other than the standard type offered by the Seller. The amount shall be paid without undue delay and in any event not later than 14 days from the day on the Seller is informed of the Purchaser’s decision to withdraw from the contract. Unless the Seller has offered to collect the goods himself, the Seller may withhold the
Once the Seller is informed of the Purchaser’s decision to exercise the right of withdrawal, both Parties are released from any mutual obligations, except for those stated in this Article.

Express termination clause

Pursuant to Art. 9, the obligations undertaken by the Purchaser are of an essential nature; therefore, by express agreement, breach of even one of the aforementioned obligations, unless it is determined by fortuitous circumstances or force majeure, will provoke rescission of the contract by law, in accordance with Article 1456 of the Italian Civil Code, with no need for a judicial pronouncement.

Communications

Except for those cases expressly stated or established by the law, any communication between Seller and Purchaser shall take place preferably via emails to the respective email addresses, which shall be construed as a valid means of communication by both Parties, and, when presented in Court, shall not be challenged, only because they are digital documents.

Written communications addressed to the Seller, including any complaints, shall be deemed valid solely when sent to the following address:
Wimex s.r.l., I-39055 Laives (BZ) Via A. Nobel 18
Tel. +39 0471 051010 – Fax +39 0471 051011
info@mondraghi.com – VAT no./Tax code IT 02898910217

Both parties are entitled to change their email address at any time for the purposes stated by this Article, provided that they promptly notify the other Parties, in compliance with the methods established in the previous article.

Right of Withdrawal

Customers can resort to the right of withdrawal and return unwanted items, provided that the products meet the following conditions:

– The product and packaging must be whole, in the same conditions in which they have been delivered;
– The product must be in its original packaging;
– The product must be fit for sale.

Please include the sender details and order number in the package.
Return the products to the following address:

Wimex magazzino
Via Nazionale 4/c
39051 Bronzolo (Bolzano)

Complaints

No complaints will be accepted after 5 days following receipts of the items. The appearance, weight and features may be subject to variations, since they are made with natural materials.

Reservation of title

The goods delivered shall remain Wimex’s property until their purchase price is fully paid.

Dispute settlement

Alternative dispute resolution – ALTERNATIVE DISPUTE RESOLUTION (ADR) / ONLINE DISPUTE RESOLUTION (ODR)

EU Regulation no. 524/2013 and Italian Legislative Decree no. 130/2015 introduced a legislation aimed at promoting the extra-judicial settlement of disputes between consumers and traders concerning a product or service purchased on-line. To this end, a European on-line. di Online Dispute Resolution was created. For further info, visit http://ec.europa.eu/consumers/odr/ . Through the ODR platform, consumers can lodge a complaint concerning a contract stipulated on-line con Wimex Srl. with Wimex Srl. and activate the on-line dispute resolution procedure. To this end, Wimex Srl. confirms its email address: info@wimex.info .

There are 4 resolution steps:

Creation and submission of the complaint
Agreement on the resolution entity
Processing of the complaint by the resolution entity
Complaint resolution and filing.