Terms of Sale
Read all the terms of purchase and the right of withdrawal
GENERAL TERMS OF SALE AND RETURN POLICYART. 1 – PREMISES
Wellback System S.r.l. P.IVA/C.F.01837910478 registered office: Via Ferrucci 203/C, 59100 Prato (PO) - Operational headquarters to send mail and materials Via E. Cosimini,8N, 58018 Pieve a Nievole (PT) e-mail: firstname.lastname@example.org phone: 0572 098340 – VAT/FISCAL CODE 01837910478) in the person of its legal representative (Boni Sergio) conducts marketing activities of the patented Wellbacksystem® equipment and related accessories, as well as training courses for learning how to use the equipment correctly and the WBS® Method.
- Wellback System S.r.l., through the E-COMMERCEWellbacksystem - WBS, located on its website www.wellbacksystem.com and directly managed by the company, intends to proceed with the online sales and telemarketing of its products and services.
- The products being sold online are analytically described (brand, quality, characteristics, price) in the dedicated catalog set up in the E-COMMERCEWellbacksystem - WBS.
- These general terms and conditions of sale have been drawn up in accordance with the provisions of Legislative Decree No. 206 of September 6, 2005 (see Articles 50-67) better known as the "Codice del Consumo". By the express will of Wellback System S.r.l., all the conditions of sale must be considered valid also towards the purchaser who is not a consumer, or, in more explicit terms, also towards the subject, natural or legal person, who makes the purchase for purposes connected and/or in any case related to his or her entrepreneurial/commercial/professional activity, a subject otherwise excluded from the scope of application of the aforementioned Legislative Decree in compliance with which the general terms of sale hereunder have been written. Therefore, unless otherwise and explicitly specified, all conditions refer to both types of consumers, i.e. PRIVATE users and PROFESSIONAL users.
- These general conditions of sale must be expressly accepted by those who intend to make the purchase online. The request for online purchase, on the e-commerce platform, by email,whatsapp, telegram or with a physical signature of the sale form, assumes the full knowledge of the general conditions of sale and therefore constitutes the unconditional acceptance of them.
ART. 2 – DEFINITIONS
For the purpose of these general terms of sale:
- Wellback System S.r.l. is the supplier who, acting within the framework of its business activity, sells online, by phone, by mail, whatsapp, telegram or personally by signing sales proposal, upon payment of the corresponding purchase price, all the products listed in the catalog within the E-COMMERCEWellbacksystem - WBS and those not present which are sold, by the company's choice, in person or by phone, by mail, whatsapp, telegram, facebook;
- buyer is the natural person or legal person who buys the products sold by Wellback System S.r.l. and listed in the electronic catalog within the E-COMMERCEWellbacksystem - WBS, and those not present that by the company's choice are sold in person or by phone, by mail, whatsapp, telegram, facebook;
- contract is the agreement, governed by these conditions of sale, between Wellback System S.r.l. and the purchaser following the receipt of the purchase request forwarded by electronic transmission and subsequently confirmed, again by electronic transmission, by the same Wellback System S.r.l., by means of a specific confirmation message, receipt of the signed quote, through mail, whatsapp, telegram, messenger. It is acknowledged that the formation of the contract is possible by electronic transmission. The last step in this process consists of both the acceptance of these conditions of sale, at the bottom of which the provisions concerning the right of withdrawal are highlighted, and the acceptance of said conditions of sale also in accordance with and to the effects of Articles 1341 and 1342 of the Civil Code. The system at the base of the online purchase allows the buyer, in the course of the compilation of the fields intended for the sale, to modify / correct / complete the data entered. The buyer is asked to print and keep both the conditions of sale and the contractual provision referred to in Articles 1341 and 1342 Civil Code. The contract, the relevant provision as per articles 1341 and 1342 c.c. and the order request hereafter defined are kept by WELLBACK SYSTEM SRL in a digital archive for this purpose set up and owned by WELLBACKSYSTEM SRL itself. The purchaser may at any time request a copy of the aforementioned documentation. For the purchase by phone,by mail, whatsapp, telegram, messenger, it is necessary for the company to receive by mail, whatsapp, telegram, messnger, the quote signed in all its parts is considered as a contract of sale.
- purchase request is the order submitted by electronic transmission in which the type and characteristics of the product you have chosen to purchase are specified, as well as the selling price and shipping costs (costs that, by regulations imposed by the carrier, are of different amounts depending on the weight of the package containing the product(s)). Said purchase request is automatically followed by a message/email, whatsapp, telgram, messenger message summarizing the completed purchase;
- confirmation message is the message promptly sent to the e-mail address of the buyer through which Wellback System S.r.l. gives final confirmation of the purchase request received, with a detailed summary of the articles purchased. Or in the case the products are bought by phone, mail, whatsapp, telegram, messenger, the reception of the quote signed by the buyer which is considered as a contract and as a confirmation of the completed sale.
ART. 3 - OBJECT OF THE CONTRACT: CONCLUSION AND EXECUTION
- The "PREMISES," described in Article 1, and the "DEFINITIONS," outlined in Article 2, form an integral and essential part of these general terms of sale.
- The reception by Wellback System S.r.l. of the purchase request sent by the purchaser by electronic transmission, a request subsequently confirmed always by electronic transmission by the same Wellback System S.r.l. by means of a specific confirmation message, determines the conclusion of the sales contract. For phone sales, sending by email, whatsapp, telegram, messenger, the signed quote determines the conclusion of the sales contract.
- Following the conclusion of the contract, Wellback System S.r.l. undertakes to deliver, after payment of the corresponding price, the requested product by means of a courier at the residence/domicile/legal headquarters indicated by the purchaser within the term of 30 (thirty) days starting from the day following the day on which the buyer submitted the purchase order.
ART. 4 - PRODUCT CATALOG
- All products sold by Wellback System S.r.l., displayed within the catalog set up for this purpose, are shown accurately and in detail, reflecting their actual features. For each of them, the color in which the product is available may be indicated, or other variations such as size/number and the corresponding price. With regard specifically to the color of the item, Wellback System S.r.l., due to the different "color-calibration" of the monitor of each buyer, is unable to ensure the exact correspondence of the color shown on the monitor to the actual color of the item and reserves the right (in products where specified) to exchange the color in case of lack of availability of the color chosen by the buyer.
ART. 5 – PAYMENTS
- The payment of the price of the product and related shipping costscosts that, by regulations imposed by the carrier, are of different amounts depending on the weight of the package containing the product(s)) may be made, as provided for in the E-COMMERCEWellbacksystem, by bank transfer or by electronic payment systems such as Credit Card or PayPal. In case of payment by bank transfer, the buyer is required to make said transfer within the final deadline of 5 (five) working days starting from the date the confirmation message is sent. As long as the payment is not made within the aforementioned term, the processing, by Wellbacksystem srl, of the order is suspended. The purchase request will be automatically forfeited, with the consequent termination of all obligations between the parties, in the event that the payment is not made within the aforementioned final deadline. In the event that the buyer meets the deadline of 5 (five) working days, WELLBACKSYSTEM SRL is bound to process the purchase request within the term of 30 (thirty) days starting from the day after the one on which the buyer has sent the purchase order.
- Eventually, in case of sale to PROFESSIONAL and PRIVATE users, an installment payment plan can be chosen through the credit institutions that are partners of WELLBACKSYSTEM srl and this sale will have to be finalized with an operator through telephone contact at 3292389321 - 0572 098340
the sale will be considered completed only upon approval of the financial intermediary and only after completing the paperwork to finalize matters with Wellbacksystem srl.
- If you buy with Scalapay you receive your order immediately and pay in the number of installments you have chosen. You agree that the installments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and you authorize such transfer
ART. 6 - PRODUCT DELIVERY
- Wellback System S.r.l. agrees to undertake, by means of a courier service, at the residence/domicile/legal headquarters specified by the buyer, the delivery of the ordered product within 30 (thirty) working days from the day following the one on which the buyer has submitted the purchase request, except for variations in case of non-availability in stock.
- According to Article 1327, Paragraph I of the Civil Code, contracts relating to electronic commerce, and phone sales, are completed at the time and place the execution of the contract begins, i.e. with the passage of the product from the seller to the carrier - courier who will take care of the shipment; the obligation to deliver the product is therefore considered regularly fulfilled at the time the package is handed over to the shipper, the date written on the relevant shipping form shall be deemed proof of this. Wellback System S.r.l. shall not be liable for any delays and/or problems or similar events in the delivery of the package that are attributable, even indirectly, to the courier or for any delays and/or problems or similar events in the delivery of the package that depend on the absence, at the places of residence/domicile/legal headquarters, of the buyer-recipient and/or on the incorrect indication, by the buyer, of the personal data and the delivery address previously provided, or on errors made by the courier itself. In said cases of delays and/or errors or similar events in the delivery of the package, the buyer agrees not to make any claim for compensation and/or damages against Wellback System S.r.l.
ART. 7 PRODUCT SHIPMENT/DELIVERY METHODS:
Nel caso si opti per la spedizione a mezzo vettore:
a. If material damage is found on the purchased goods, the customer has the obligation to sign for THE GOODS delivered by the courier "UNEXAMINED" and communicate any damage (or alleged damage) within 2 days after receiving the goods, keeping the packaging intact (box and polystyrene and cardboard support intact) in order to allow Wellbacksystem srl srl to verify the nature and extent of the damage and determine the causes and responsibilities, and, if necessary, allow the return.
b. In case of payment by bank transfer, for administrative needs and in order to shorten the shipping time, it is requested to send a copy of the payment to the following email address: email@example.com and firstname.lastname@example.org. The goods ordered will be prepared for shipment after viewing the transfer to the bank account of Wellback System S.r.l. and according to the shipping times provided on the specific products.
c. In case of payment by electronic circuit Cartasì and PayPal,Scalapay,Cofidis, the shipment will be made the next working day after viewing the successful payment and according to the shipping times provided on the specific products.
d. Delivery to the specified address is usually made by Bartolini/Fercam/other courier within 4-6 working days (excluding Saturdays and holidays) for Apulia, Calabria and the Italian Islands, and within 3-5 working days for the remaining regions.
e. The courier does not make phone calls to notify of delivery, nor does it make deliveries at times agreed upon with exact precision. The courier will make 3 delivery attempts to the address specified: if, on the 3rd attempt, the Customer cannot be reached, the courier will leave a contact number in order to be called back. After 4 days without receiving any communication from the Customer, the courier will send the package back to Wellback System S.r.l. with the additional costs to be paid entirely by the Customer. The customer has the obligation to has the obligation to sign for THE GOODS delivered by the courier "UNEXAMINED". At the time of delivery of the goods, you must carefully check that the number of packages received is correct and that the packaging is intact. In case of missing items or damage to the packaging, you may contact us at 0572-098340 by promptly sending photos of the package received BEFORE OPENING it and open it only after contacting Wellback System S.r.l. at the above-mentioned phone number.
In case you opt to collect the goods at the commercial and administrative headquarters of Wellback System S.r.l.: Whenever possible, when listed as a choice in the methods of transport and delivery, pick up the goods at our operational headquarters with show room, located in Via Cosimini,8N 51018 Pieve a Nievole (PT) , from Monday to Friday from 9.30 a.m. to 12.30 p.m., in any case always after telephone agreement made with our Sales Department.
ART. 8 - REPLACEMENT OF PRODUCTS IN CASE OF WRONG DELIVERY
In the event that, by mistake, a different product from the one ordered by the buyer and specified in the purchase request is delivered (e.g.: "Resistance Bands" instead of "Bearings"),
In case you opt to pick up the goods at the headquarters of Wellback System S.r.l., the company undertakes, as soon as possible, to provide for the replacement of the said product. To this end, it is necessary for the buyer to inform Wellback System S.r.l. - complaints department - promptly within and no later than 3 days after receiving the goods, of the difference found, by sending an e-mail to email@example.com and firstname.lastname@example.org. Only and exclusively in this case, the shipping costs that the buyer will have to pay to return the product and those that Wellback System S.r.l. will have to pay to deliver the product again, are entirely the responsibility of Wellback System S.r.l.
a. (in the event that the buyer is a private customer who does NOT make use of the equipment for professional purposes): the customer, by accepting these terms of sale, states that he/she will use this postural device in compliance with each and every indication included in the electronic instruction manual sent by email. Furthermore, the buyer declares that he/she is aware that the company Wellback System S.r.l. shall not be held liable for any improper or incorrect use of the Wellbacksystem® product and its accessories.
He/she also declares that he/she is aware that the guidelines of the company for the facilities and for the sports/fitness/rehabilitation/medical professional regarding the order of the products from Wellbacksystem® suggest that the purchase is to be followed by the attendance of training courses according to the regulations of the Wellbacksystem Academy, in order to be able to use the equipment purchased in the best possible way.
b. (in the event that the buyer is a professional who uses the equipment for professional purposes): the customer, by accepting these terms of sale, claims to be aware of the company guidelines of Wellback System S.r.l. for the facility and for the professional in the sports/fitness/rehabilitation/medical field: with the order of products from Wellbacksystem®, the buyer who is a professional agrees to use this postural device in compliance with each and every indication contained in the instruction manual sent by email upon purchase. The company Wellback System S.r.l. shall not be held liable for any improper or incorrect use of the Wellbacksystem product and its accessories.
ART. 10 - PERSONAL DATA PROTECTION
- For the purpose of accurately carrying out the e-commerce activities covered by these general conditions of sale, it is mandatory for the buyer to provide his or her personal data.
- The treatment of personal data will be carried out lawfully and correctly, with the full protection of the rights of the buyer including, in particular, the right to privacy. Personal data will be processed by Wellback System S.r.l. in full compliance with the provisions of Legislative Decree No. 196 of 30.06.2003. The party responsible for the treatment of the personal data provided is Wellback System S.r.l.
- The purpose of processing personal data is to allow Wellback System S.r.l. to carry out its e-commerce activities, through the accurate and regular fulfillment of purchase requests sent by electronic transmission.
- The personal data provided at the time of acceptance of these general conditions of sale, when one intends to proceed with the purchase of products by electronic transmission, will be processed by Wellback System S.r.l. electronically and on paper, in accordance with current security regulations and so as to preserve and guarantee their privacy.
- The personal data provided by the buyer will be used by Wellback System S.r.l. exclusively for business purposes related to the conduct of its business and will not, therefore, be disclosed to third parties or disseminated.
ART. 11 - JURISDICTION
Should any litigation between Wellback System S.r.l. and the buyer regarding the interpretation, validity and/or execution of these general terms and conditions of sale be commenced, both contracting parties mutually acknowledge that the court of jurisdiction to settle such litigation shall be the court of the place of residence or domicile or registered office of the buyer.
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RIGHT OF WITHDRAWAL
* MODE/TERMS OF EXERCISE AND TIMEFRAME FOR THE REIMBURSEMENT OF AMOUNTS
a. The buyer has the right to withdraw from this contract, without penalty and without specifying the reason, within the term of 14 (fourteen) calendar days from the date of delivery of the product in question by the courier. The right of withdrawal must be exercised by sending, within the aforementioned term, an e-mail to the e-mail address of Wellback System S.r.l. email@example.com indicating the reference number of the invoice and the products for which one intends to exercise the right of withdrawal. After receiving this request, Wellback System S.r.l. will send by e-mail the Return Form, which must be filled in, stamped and signed by the buyer and sent back by certified e-mail: firstname.lastname@example.org and by registered mail to the following address of the operational headquarters: Wellback System S.r.l. - Via Cosimini,8N - 5101Pieve a Nievole (PT).
b. The purchaser is also required to return the product to Wellback System S.r.l., at his/her own expense, within the term of 14 (fourteen) calendar days starting from the date of delivery of said product by the courier. To further specify about the deadline, the product is considered to have been duly returned the moment it is delivered to the operational headquarters of Wellback System S.r.l.
c. Following the return of the product, Wellback System S.r.l. will make the necessary checks indicated in the section "Additional Essential Conditions to be observed for the correct exercise of the right of withdrawal". It will be the responsibility and care of Wellback System S.r.l. to inform the buyer by e-mail in the event that as a result of said verification it is ascertained that the further essential conditions have not been met.
d. The right of withdrawal will be considered regularly and properly exercised only and exclusively if it is carried out in compliance with the procedures and terms indicated in the above provisions a) - b) - c) and also subject to compliance with the further essential conditions specified below. In the event of regular and proper exercise of the right of withdrawal by the purchaser, Wellback System S.r.l. will refund the sums received for the purchase of the product by bank transfer within 30 (thirty) days from the date on which the registered letter was delivered.
*ADDITIONAL ESSENTIAL CONDITIONS TO BE OBSERVED FOR THE CORRECT EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal will be considered regularly and properly exercised if the following essential conditions are also fully complied with:
- the product must be returned in the same packaging in which it was delivered;
- the product must be returned in the same conditions as the date of purchase and must not have any damage and/or differences of any kind;
- the product must not have been, nor appear to have been, used;
- in the event that the product has a "description-article" tag, this tag must not be removed or tampered with; similarly, in the event that it has sealed packaging (which does not obscure the contents) or adhesive tags and labels, it is forbidden to tamper with the packaging.
a. Upon receipt by Wellback System S.r.l. of the return form and upon accurate compliance by the buyer with both the terms required to send said form and to return the product, as well as with the additional essential conditions, the contracting parties are released from their respective obligations under the contract of sale.
b. If all the requirements concerning the right of withdrawal are not met, the buyer shall not be entitled to a refund or reduction of any kind, of the sums paid for the purchase of the product.