Terms of sale

INTRODUCTION

These General Terms and Conditions of Sale govern purchases of products and services made at a distance by the buyer (hereinafter referred to as the "Customer") over the internet on the website www.wellstore.it (hereinafter referred to as "Wellstore.it"), belonging to Wellstore S.r.l. (hereinafter referred to as "Wellstore"), with registered office at Via Italia 50, Monza, Italy, VAT and tax code 05907450968, registered with the Companies Register under MB-2545062

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

The contract entered into between Wellstore and the Customer is to be regarded as concluded upon acceptance of the order by Wellstore, even in part. Such acceptance is deemed to be tacit unless otherwise communicated to the Customer by any means. By placing an order in any of the ways provided for, the Customer declares that they are of legal age, that they have read all the information provided to them during the purchase process, and that they fully accept the general terms and conditions of sale and payment set out below in points 1,2,3,4,5,6,7,8,9,10,11,12,13.

If the Customer is a consumer (that is, a natural person who buys the goods for purposes unrelated to their professional activity), once the online purchase process is complete they shall print or save an electronic copy of these general terms and conditions of sale and in any case keep them.

Any right of the Customer to compensation for damages or indemnity is excluded, as is any contractual or non-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance, even in part, of an order.

USE OF DISCOUNT CODES AND COUPONS

Any discount code provided must be applied at the time of purchase in the cart.
If it is not used during the order, it cannot be applied retroactively, nor in the event of cancellation or modification of the order.
The discount code will in any case remain valid for future purchases.

Discount codes communicated during private negotiations are valid exclusively for the purchase of the product specifically indicated in the negotiation and are neither transferable nor modifiable.
The code may not be used on different products, nor may the codes themselves be altered or duplicated. Any improper use will render the code immediately void and result in cancellation of the order.

HOW TO PURCHASE

The Customer may only purchase the products present in the electronic catalogue of Wellstore.it at the time the order is submitted and viewable online at the address (URL) http://www.wellstore.it, as described in the relevant information sheets. It is understood that the image accompanying the descriptive sheet of a product may not perfectly represent its features and may differ in colour, size or accessory products shown in the picture. All information supporting the purchase is to be understood as simple general information material.

Correct receipt of the order is confirmed by Wellstore by means of a reply by email, sent automatically to the email address provided by the Customer. This confirmation message will show the date and time the order was placed and a 'Customer Order Number', to be used in any further communication with Wellstore. The message repeats the items ordered, shipping costs, any additional costs, discounts applied and all the data entered by the Customer, who undertakes to check that they are correct and to promptly report any corrections, in the ways described in this document.

In the event that the order is not accepted, Wellstore guarantees prompt communication to the Customer.

All prices on the Wellstore.it website are retail prices and therefore include VAT. Wellstore reserves the right to change prices at any time, without notice.

WEEE collection

The collection service for used equipment (WEEE) is not available. The customer is required to arrange disposal independently at the authorised collection centres of their own municipality.

PAYMENT METHODS

Credit card (Stripe) / PayPal

Where goods are purchased using credit card or PayPal account payment, at the same time as the online transaction is completed the relevant bank will authorise the amount of the purchase made.

In the event of cancellation of the order, in whole or in part, either by the Customer or where the order is not accepted by Wellstore, Wellstore will at the same time request cancellation of the transaction and reversal of the amount charged. Once the transaction has been cancelled, Wellstore may under no circumstances be held liable for any direct or indirect damage caused by a delay in the release of the amount held by the banking system.

Wellstore reserves the right to ask the Customer for additional information (e.g. a landline telephone number) or for copies of documents proving ownership of the Card used. In the absence of the requested documentation, Wellstore reserves the right not to accept the order.

At no point in the purchase process is Wellstore able to know the buyer's credit card details or PayPal account details. No Wellstore data archive will store such data. Under no circumstances, therefore, may Wellstore be held liable for any fraudulent and improper use of credit cards by third parties when paying for products purchased on the Wellstore webstore.

Advance bank transfer

In the case of payment by advance bank transfer, the order can only be considered confirmed once the amount due has actually been credited to Wellstore's bank account, which must take place within 7 (seven) working days of the order date. After those deadlines, the order will be automatically cancelled.

Until the credit has been received, the order placed does not constitute a reservation of the items chosen. The goods purchased will be dispatched (if available) only once the full amount has been credited.

The reference of the bank transfer must necessarily state:

• Order number
• First name and surname of the person who placed the order

The transfer must be made out to:

WELLSTORE S.r.l.
Bank: Intesa Sanpaolo - Melegnano branch (MI)
Iban: IT86 J030 6933 3801 0000 0010 437 ABI : 03069 CAB : 33380 CIN : J C/C : 100000010437

The bank charges incurred for the transfer are borne exclusively by the Customer.

Should the products no longer be available due to stock running out, Wellstore will re-credit the amount to the Customer's bank account as soon as possible, at no cost to the Customer.

Instalment purchases

In the case of payment by instalments, the order will be dispatched only at the end of the financing procedure, which must be completed in all its parts, with formal confirmation from the finance company, within 12 working days of the order date. After this deadline the order will be automatically considered cancelled, whatever the stage of the application.

When ordering, and where possible depending on the product and the total amount, the Customer may choose the company with which to apply for instalment payment: Pagodil by Cofidis.

Before proceeding with the finance application, on the finance company's payment page the Customer can view in detail all the details and costs based on the number of instalments desired and decide whether to accept the quotation and proceed with entering their data, or to choose another payment method by returning to the Wellstore website.

While the finance application is being processed, the order placed by the Customer in no way constitutes a reservation of the goods; the goods will not be set aside and will be subject to actual availability at the time of final approval of the application. Should they no longer be available, the financing will not be activated, at no cost to the Customer.

The granting of the financing and the completion of the order are subject to prior approval by the finance company.

The transaction always takes place in protected mode, on the finance company's website with SSL encryption to guarantee an adequate level of confidentiality of the information sent. The data is provided directly to the finance company and will not be made available to others for any reason.

Financing may be requested, for purchases on Wellstore.it, by private consumers, for a minimum amount of €500 (VAT included) and a maximum of €5,000 (VAT included).

The instalment payment method is not available on all catalogue items and may only be used by end consumers holding a bank or post office account. The availability of this payment method is clearly highlighted in the descriptive sheet of the specific item.

PRODUCT AVAILABILITY

The Customer may purchase the products present on Wellstore.it at the time the order is sent. The images and technical data accompanying a product sheet may not be complete or exhaustive as to its own features and may differ, for example, in: (weight, colour, etc.). As the images and technical characteristics of the products are supplied by partners and/or suppliers, Wellstore accepts no responsibility for their content.

The availability shown for the product displayed is purely indicative, given the possibility of multiple purchases at the same moment by several users. For this reason Wellstore reserves the right, once the order has been received, to check the availability of the goods in its own warehouse or in the suppliers' warehouse and, failing that, to communicate any updated delivery estimates. The Customer may request cancellation of the order, even in part, and the refund of the corresponding amount if already paid.

DELIVERY TERMS AND COSTS

Wellstore can only accept orders for delivery within Europe. Delivery to Livigno and Campione d'Italia is in any case excluded.

Wellstore does not ship to Mail Boxes or to companies providing mail-forwarding services

Transport costs are borne by Wellstore for amounts over 185 euro, except for:

• Any extra surcharges for excessively bulky and/or heavy goods, explicitly shown when the order is placed.
• Any storage and transport costs incurred where the goods are not collected.
• Any costs for delivery to hard-to-reach locations (smaller islands, Venice) .
• Any costs for delivery to the floor

For amounts below 185 (one hundred and eighty-five) euro Wellstore asks for a contribution towards transport costs, clearly indicated before completion of the order confirmed by the Customer.

No liability may be attributed to Wellstore in the event of delay in processing the order or in delivering what has been ordered.

Delivery of what has been ordered is understood to be at street level.

When the goods are delivered by the courier, the Customer is required to check that:

• the number of packages being delivered corresponds to that stated in the transport documents
• the packaging is intact, not damaged, wet or otherwise altered.

Any damage to the packaging and/or the product, or any discrepancy in the number of packages or in the details, must be contested immediately by writing "RECEIVED SUBJECT TO INSPECTION" AND SPECIFYING THE REASON FOR THE RESERVATION, e.g. "punctured packaging", "crushed packaging", "opened packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer may raise no complaint regarding the external characteristics of what has been delivered (Article 1698 of the Italian Civil Code).
Any anomaly must then be reported within eight days by writing to servizio.clienti@wellstore.it, providing all the order references, a copy of the waybill signed subject to inspection and photographic documentation of the damage;

Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 8 days of delivery, in the ways provided for in this document.

Should the customer fail to collect within 5 (five) working days the goods ordered and held at the courier's warehouses because of repeated impossibility of delivery to the address indicated by the customer when ordering, what has been ordered will be returned to Wellstore's warehouses and the transport costs incurred will be charged.

Payment for the goods by the Customer will be made using the method chosen when placing the order.

Orders for amounts below 10 (ten) euro are not accepted.

CANCELLING ORDERS

All orders are binding and may be cancelled solely and exclusively if the goods have not yet been dispatched, by writing to servizio.clienti@wellstore.it. For orders already dispatched, the customer must exercise the right of withdrawal.

RIGHT OF WITHDRAWAL

Under the Consumer Code governing distance selling (Italian Legislative Decree 206/2005), if the customer is a "consumer" (that is, a natural person who buys the goods for purposes unrelated to their professional activity, or who makes the purchase without entering a VAT number on the order form to Wellstore), they have the right to withdraw from the purchase contract for any reason, without any penalty. In addition to the rights arising from the law, products purchased on Wellstore.it, if not purchased through instalment financing, may be returned within 14 calendar days of delivery (with the exception of the products listed in point 8.8, for which the right of withdrawal is excluded by law.

As provided by law, the shipping costs for returning the goods are borne by the customer;

The shipment, up to confirmation of receipt at the Wellstore warehouse, is under the customer's full responsibility;

As provided by law, the initial standard shipping costs incurred to receive the product will also be refunded, except for products for which withdrawal is requested more than 14 days after they were received.

Additional costs shown to and accepted by the Customer when placing the order (delivery to the floor, assembly service, telephone appointment, surcharge for bulky goods, etc.) will not be refunded

In the case of prize promotions (so-called promotions) or combined promotional sales, in which the purchase of one item is combined with another item sold at a reduced price or even given away, or contributes to an additional discount (saving packs, bundles), the right of withdrawal will be lawfully exercised by returning both items purchased and/or by simultaneously cancelling the discount/purchase voucher issued (hereinafter the "voucher"), given that the promotional item or the voucher is ancillary to the first item.

The products must be returned within 14 days of the day on which the customer communicated the exercise of the right of withdrawal, substantially intact and working, in their original packaging, complete with all their parts and accessories (including any warranties, instructions, licences of use, cables, etc.), with nothing missing, kept and where applicable used with normal care, without signs of wear or dirt.

The right of withdrawal may be exercised in relation to the purchase of any product on Wellstore.it, with the exception of:

• made-to-measure items, handcrafted items made to order or clearly personalised items, or items liable to deteriorate or expire rapidly,
• sealed goods which are not suitable for return for reasons of hygiene or health protection and which were opened after delivery, or products which, after delivery, are inseparably mixed with other goods
• intimate textile products such as underwear, swimwear and other items removed from their sealed packaging
• it is not possible to exercise withdrawal on only part of the product purchased (e.g.: accessories, bundled software, etc.),

Wellstore may withhold from the refund an amount corresponding to the diminished value of the goods resulting from handling of the goods other than what is necessary to establish their nature, characteristics and functioning. For example:

• use of the item that has compromised its integrity, or use of any consumable material.
• the absence of the outer packaging and/or the original inner packaging;
• the absence of integral components of the product (accessories, cables, manuals, parts, ...);
• Opened sealed packs/blisters.
• damage to the product.
• Obvious signs of wear or assembly.

Wellstore will issue the refund within 14 days of the exercise of the right of withdrawal. The refund may be withheld beyond the 14 days only until the consumer has proved that they have sent the goods back or until we have received them, whichever occurs first. The refund will be made using the same method used by the Customer for the purchase, that is, by bank transfer, credit card reversal or PayPal refund. For orders for which financing was arranged, the refund will be made directly by the finance company.

To exercise the right of withdrawal, the Customer is required to inform WellStore Srl, with registered office at Via Italia 50 Monza (MB), Italy, Customer Service number 039 8944430 (Mon. to Fri. from 9 to 13 and from 14 to 18) email: servizio.clienti@wellstore.it, of their decision to withdraw from this contract by means of an explicit written statement (for example a letter sent by post or by email).

INVOICING

For every order Wellstore issues a tax receipt or an invoice if expressly requested when placing the order. Pursuant to Article 14 of Italian Presidential Decree 445/2000 and Legislative Decree 52/2004, the invoice or receipt will be generated after confirmation of the order and the related payment.

For the issue of the invoice / receipt, the information provided by the Customer when ordering shall prevail.

No change to the invoice / receipt will be possible after it has been issued.

In the case of orders dispatched in several shipments, several separate invoices or receipts may be generated, each linked to a shipment.

PRIVACY

The Customer's personal data is processed by Wellstore S.r.l., as data controller (registered office: Via Italia 50, Monza – MB), in compliance with Regulation (EU) 2016/679 (GDPR) and the applicable legislation. The data is collected and processed exclusively in order to fulfil the Customer's order and requests and is not passed on to third parties except for the strictly necessary operations (e.g. shipping, payment, financing).

The Customer may at any time exercise the rights provided for by Articles 15–22 of the GDPR (access, rectification, erasure, restriction, objection, portability) and withdraw the consent given, by writing to servizio.clienti@wellstore.it or to Wellstore's registered office.

Marketing communications are sent only with the Customer's explicit consent. For full details on the processing of personal data and the use of cookies, please see the Privacy Policy and the Cookie Policy published on the site.

COMPLAINTS

JURISDICTION AND COMPETENT COURT

The contract of sale between the Customer and Wellstore is deemed to be concluded in Italy and governed by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the Customer is a consumer, territorial jurisdiction lies with the court of their municipality of residence; in all other cases, territorial jurisdiction lies exclusively with the Court of Milan.

Wellstore informs users who qualify as consumers under Article 3(1)(a) of the Italian Consumer Code that a European platform for the online resolution of consumer disputes (the ODR platform) has been set up. The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr/main/?event=main.home.show ; through the ODR platform the consumer user can consult the list of ADR bodies, find the link to each of their websites and start an online, out-of-court procedure for resolving any dispute arising from the online contract entered into on this site.

AMENDMENTS AND REVISIONS