General Terms and Conditions of Sale

The purchase of products on the WABITAKUMI.com website is governed by these general terms and conditions of sale (hereinafter referred to as the ‘General Terms and Conditions of Sale’), which you are requested to review before completing a purchase order.

SELLER

‘WABITAKUMI’ and ‘WABITAKUMI.com’ are trademarks owned by PROTEOFAD S.A.S., with registered office in Rome (RM), Via Appia Nuova n.41 (hereinafter referred to as ‘WABITAKUMI’), fax no. (+39) 06 97080635. WABITAKUMI is the seller of the products that customers can purchase on the WABITAKUMI.com website. These General Terms and Conditions of Sale apply only to purchase orders placed on the wabitakumi.com website in accordance with the terms and conditions set out in the section below entitled ‘How to place a purchase order’. The General Terms and Conditions of Sale do not, however, regulate the purchase of products or the provision of services offered by parties other than WABITAKUMI, for example when visible or promoted on the WABITAKUMI.com website via links or banners.

RECIPIENTS OF THE COMMERCIAL OFFER

WABITAKUMI offers products for sale both to users who intend to purchase as ‘consumers’ and to customers who purchase products for commercial purposes in non-EU countries. ‘Consumer’ means a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

PRODUCT WARRANTIES AND PRICES

WABITAKUMI offers only original, authentic and top-quality products for sale. In the event of any damage caused by the products, WABITAKUMI declines all responsibility, which remains with the relevant manufacturer. Furthermore, WABITAKUMI shall not be liable in the event that the photographs describing the products for sale on the wabitakumi.com website do not accurately correspond to the actual products due to monitor settings, browser settings or any other malfunctions beyond WABITAKUMI's control. The prices of products for sale on WABITAKUMI.com are subject to change and may differ depending on the country to which the product is to be shipped: it is possible that certain administrative or tax charges, such as customs duties, cannot reasonably be calculated in advance; in this case, these administrative charges may still be charged to the customer. The Customer remains responsible for the charges relating to the importation of products into their country. Therefore, please check the final price before completing a purchase order.

HOW TO PLACE AN ORDER

In order to place an order on the WABITAKUMI.com website, the user must have a valid email address and meet the legal requirements for entering into the relevant purchase contract. You can place a purchase order by following this procedure:

- After selecting one or more products to purchase, click on “Add to basket”.

- Fill in the order form following the instructions. The order form will indicate the essential characteristics of the products ordered, the relative price (including all taxes or duties, where determinable), delivery costs, payment methods and product delivery methods.

- Before submitting the order form, you will be asked to read the General Terms and Conditions of Sale and the Information on the right of withdrawal and to print and keep a copy for your personal use. Please read the provisions of these sections carefully, as well as the sections ‘Privacy Policy’ and ‘General Terms and Conditions of Sale’ referred to via the appropriate link, because once you have submitted your purchase order, these provisions will be considered to have been read and accepted by you in full.

- Before submitting the order form, you will also have the opportunity to check the data you have entered in order to correct any errors.

- At this point, to submit the order form to WABITAKUMI, click on ‘Purchase’. Once WABITAKUMI receives the order form you have submitted, the purchase proposal will be considered submitted.

- Upon receipt of the order form, WABITAKUMI will send an order receipt by email, which will contain the information already indicated in the order form (essential characteristics of the products, price, delivery costs, payment and delivery methods) and will proceed to execute the purchase order.

- The order will be stored in the wabitakumi.com database and can be viewed at any time by accessing the ‘Account’ section and entering the data via the ‘Login’ function.

The purchase contract for one or more products shall only be considered concluded when WABITAKUMI notifies the customer that the relevant product has been shipped.

WABITAKUMI reserves the right not to execute purchase orders with missing or incorrect data, or which do not provide a guarantee of solvency. In such cases, the user will be informed by email of the non-execution of the order and the reasons for this. WABITAKUMI also reserves the right not to execute purchase orders if the products are unavailable for any reason, even temporarily. In this case, within 15 (fifteen) days of receiving the order, WABITAKUMI will inform the user by email that the product is unavailable and will refund any amount already paid.

If the products ordered are available and WABITAKUMI intends to accept the purchase order, WABITAKUMI undertakes to process the order and ship the products within 15 (fifteen) days. WABITAKUMI is exempt from any liability for delays in the delivery of products that are beyond WABITAKUMI's control, for example because they depend on the service provided by the courier managing the delivery.

PAYMENTS

The various methods of payment for the price of the products and the related delivery costs are indicated in the order form. The price indicated in the order form for the purchase of the products and the related delivery costs will be charged to the customer once the purchase order has been completed. If the customer pays by credit card, WABITAKUMI guarantees that the payment procedure will be managed by a leading payment gateway equipped with transaction protection technologies, without WABITAKUMI coming into possession of any bank or financial data. Credit card information will be used exclusively to execute the purchase procedure, to credit the relevant refund if the customer returns the products under the right of withdrawal, or if it is necessary to report any fraud committed on the wabitakumi.com website to the competent authorities. Furthermore, under no circumstances will WABITAKUMI store data relating to such information.

DISCOUNT CODES

Discount codes are codes provided by WABITAKUMI that allow customers to take advantage of discounts on the price of products sold on the wabitakumi.com website. Once the discount code has been obtained, the customer must access the shopping cart where they have placed the products they intend to order, enter the code in the appropriate box and click on “Apply Discount Code”.

The use of discount codes is subject to the following restrictions:

- It is not possible to combine more than one discount code in the same purchase order;

- The discount code applicable to multiple items can only be used if those items are purchased at the same time through a single purchase order;

- The discount code cannot be converted into cash under any circumstances. If the customer intends to return products purchased using a discount code, they should simply follow the normal return procedure indicated in the ‘Returns’ section. If WABITAKUMI accepts the return, the price paid by the customer will be refunded, net of any discount codes.

SHIPPING AND DELIVERY

Except in the case of partial or total unavailability of the products, if WABITAKUMI decides to execute the purchase order, WABITAKUMI undertakes to deliver the product or products to the courier no later than 15 (fifteen) days from the date of submission of the purchase order. Accepted orders will be shipped and delivered by a courier selected by WABITAKUMI. For full details on shipping and delivery methods, please refer to the ‘Shipping’ section. Please read the contents of the ‘Shipping’ section as it is an integral and substantial part of these General Terms and Conditions of Sale and, therefore, is considered to be known and accepted in full at the time of submitting the order form. WABITAKUMI is exempt from any liability for delays in the delivery of products that are beyond WABITAKUMI's control, for example because they depend on the service provided by the courier managing the delivery.

RIGHT OF WITHDRAWAL

Customers residing in the European Union have the right to withdraw from the purchase contract entered into with WABITAKUMI, without penalty and without giving any reason. The withdrawal period expires 14 (fourteen) days from the date on which the customer, or a third party other than the courier or a person designated by the customer, takes physical possession of the products.

In the event of withdrawal from this contract, the customer shall be refunded all payments made to WABITAKUMI, including delivery costs (with the exception of additional costs arising from the customer’s choice of a delivery method other than the standard one offered by WABITAKUMI), without undue delay and in any event no later than 14 (fourteen) days from the day on which WABITAKUMI receives the returned goods.

Returned products must be sent to WABITAKUMI without undue delay and in any event within 14 (days) of the date on which the customer notified WABITAKUMI of their intention to withdraw. The date of posting or handover to the courier shall be taken as proof. The shipping costs for returned products shall be borne in full by the customer, including any tax and/or customs charges.

Refunds will be made using the same payment method used for the initial transaction.

The customer shall be liable for any reduction in the value of the goods resulting from handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the products.

Please note that:

       1 It is strictly forbidden to remove tags or labels;

       2 Products must be returned clean, undamaged and complete, including any accessories;

       3 It is prohibited to use the products for purposes other than merely testing them before returning them.

Should the customer fail to comply with the terms regarding the right of withdrawal and return set out above, or with the provisions set out in points 1), 2) and 3) above, WABITAKUMI shall not be obliged to refund the purchase price of the products to the customer. Should the customer nevertheless return such products, they may request that WABITAKUMI resend the same items purchased, but with the full cost of return postage borne by the customer who has breached the rules on the right of withdrawal.

Customers residing in a country outside the European Union have the right to withdraw from the purchase contract entered into with WABITAKUMI only if the product received does not comply with its description, and must exercise this right within 14 days of receiving the product.

In the event of withdrawal, the customer will be refunded all payments made to WABITAKUMI, excluding delivery costs, in any case no later than 14 (fourteen) days from the date on which WABITAKUMI receives the returned goods.

Returned products must be sent to WABITAKUMI without undue delay and in any case within 14 (days) of the date on which the customer notified WABITAKUMI of their intention to withdraw due to a non-compliant product. The date of posting or handover to the courier shall be taken as proof. The shipping costs for returned products shall be borne entirely by the customer, including any tax and/or customs charges.

Refunds will be made using the same payment method used for the initial transaction.

The customer shall be liable for any reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to establish the nature, characteristics and functioning of the products.

Please note that:

       1 It is strictly forbidden to remove tags or labels;

       2 Products must be returned clean, undamaged and complete, including any accessories;

       3 It is forbidden to use the products for purposes other than simply trying them on before returning them.

Should the customer fail to comply with the above-mentioned return terms, or with the provisions set out in points 1), 2) and 3) above, WABITAKUMI shall not be obliged to refund the purchase price of the products to the customer. Should the customer nevertheless return such products, they may request that WABITAKUMI resend the same items purchased, but with the full cost of return postage borne by the customer who has breached the rules on the right of withdrawal.

CUSTOMER SERVICE

For any assistance or information, the customer may contact Customer Service by filling in the form in the “Contact Us” section or by calling (+39) 0697241087.

PRIVACY POLICY

WABITAKUMI is committed to protecting users’ privacy to the utmost. To find out how we process your personal data and for further information on our Privacy Policy, please refer to the “Privacy Policy” section.

MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

If deemed necessary or appropriate, WABITAKUMI reserves the right to modify or update these General Terms and Conditions of Sale. We therefore invite you to periodically consult the section on the General Terms and Conditions of Sale and, in any case, to read it carefully before placing each order.

APPLICABLE LAW AND DISPUTE RESOLUTION

The General Terms and Conditions of Sale are governed by Italian law, with particular reference to Legislative Decree No. 206 of 6 September 2005 (the so-called ‘Consumer Code’) as amended by Legislative Decree No. 146 of 2 August 2007, No. 146, Decree-Law No. 201/2011 converted, with amendments, by Law No. 214 of 22 December 2011, Decree-Law No. 1/2012 converted, with amendments, by Law No. 27 of 24 March 2012, and Legislative Decree No. 21 of 21 February 2014, No. 21, as well as Legislative Decree No. 70 of 9 April 2003 on electronic commerce, and any other applicable legislation in force. In the event of a malfunction or dispute between PROTEOFAD and one of our users/customers, we hereby guarantee our participation in an attempt to reach an amicable settlement.

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