Terms of service

Terms and Conditions of Service

 

Terms and conditions of sale

1. Object

  1. These general conditions of sale (hereinafter also the "Conditions") apply to the purchase of products (hereinafter "Products” or in the singular “Product”) performed through the siteecommerce www.watchive.eu (hereinafter the “Site") by users qualifying as "Consumers" pursuant to the following article 1.2. The Site, owned by ACHI' PROJECT SRL, with registered office in Dalmine Viale Marconi, 20 24044 - Dalmine (BG) - Italy, Tax Code and VAT number no. 04214070163 (hereinafter "Holder" O "ACHI’ PROJECT SRL"), is managed by ACHI' PROJECT SRL, with registered office in Dalmine, in Viale Marconi, 20 24044 - Dalmine (BG) - Italy, Tax Code and VAT number n. 04214070163 (hereinafter "ACHI’ PROJECT SRL”).
  2. ACHI' PROJECT SRL deals in its own name and on its own behalf with the sale of Products through the Site. Purchases of Products made through the Site will see ACHI' PROJECT SRL as parties, as seller (hereinafter the "Seller") and the person who proceeds with the purchase of one or more Products for purposes not related to his business, commercial, craft or professional activity, as a buyer (hereinafter the "Consumer"). Seller and Consumer will be collectively referred to below as the "Parties".
  3. The Owner is not a party to these Conditions, but the holder of the rights to the domain name of the Site, the logos and trademarks relating to the Products presented on the Site, as well as the copyright on the contents of the Site.
  4. Any communication from the Consumer connected and/or relating to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to ACHI’ PROJECT SRL, at the contact details and in the manner indicated on the Site and to the email address info@watchive.eu.
  5. Each purchase is governed by these Conditions in the version that will be published on the Site at the time the order is sent by the Consumer.
  6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Therefore, subjects who are not Consumers are invited not to execute purchase orders, who can contact the Owner at the following email address info@watchive.eu for any purchases. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions will apply in any case but, by way of derogation from the provisions:

a)the buyer will not be granted the right of withdrawal referred to in article 10;

  1. b)the buyer will not be able to benefit from the guarantee on the Products indicated in article 8;
  2. c)the purchaser will not be granted any other safeguards, provided for in favor of the Consumer in these Conditions, which represent or comply with mandatory provisions of the law;
  3. d)the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
  1. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions are sent to him via email to the address communicated by the same during registration on the Site or during the purchase process.
  2. In order to make purchases through the Site, the Consumer must be of legal age (18 years) and have the ability to act, which the Consumer declares to possess.
  3. Any costs for Internet connection to the Site, including telephone costs, according to the rates applied by the operator selected by the Consumer are the sole responsibility of the Consumer.

 

2. Characteristics of the Products and their availability in the various geographical areas

  1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the Consumer sends the order, with the exclusion of any other condition or term.
  2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any notice to the users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded starting from from that date.
  3. The prices, the Products for sale on the Site and/or their characteristics may be subject to change without notice. These variations operate only for orders not yet confirmed on the date of the variation itself. In any case, before sending the purchase order pursuant to Article 3 below, the Consumer is invited to check the final sale price.
  4. The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the States indicated on the Site.

 

3. How to purchase the Products and finalize the contract

  1. To conclude the purchase contract on the Site, you will have to fill in the order form in electronic format and send it to the Seller electronically, following the relative instructions.
  2. Before proceeding with the purchase of a Product, the Consumer will be asked to carefully read these Conditions and the Information on the right of withdrawal, as well as to print a copy for personal use.
  3. In the order form, displayed immediately before the conclusion of the purchase contract, we will provide summary information about the essential characteristics of the Product you wish to purchase, the price (including all applicable taxes or duties) and shipping costs.
  4. The contract is concluded when the Seller receives your order form electronically, after verifying the correctness of the data relating to your order.
  5. The order form will be filed in our database for the period of time necessary to process the orders and in any case in accordance with the law.
  6. The transmission of the order form implies the obligation to pay the indicated price.
  7. The transmission of the order form implies the obligation to pay the indicated price.
  8. The language available to conclude the contract with the Seller is Italian/English
  9. The Seller may not process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect. Similarly, this may occur in the event of unavailability of the Products. In these cases, we will inform the Consumer by e-mail that the contract has not been concluded and that the Seller has not processed the purchase order, specifying the reasons.
  10. The electronic transmission of the order form implies the unconditional acceptance and the commitment of the Consumer to observe these Conditions in relations with the Seller.
  11. Furthermore, by submitting the order form, the Consumer confirms that he knows and accepts the additional information contained on the Site, including: the Privacy Policy and Information on the Right of Withdrawal.
  12. Once the contract is concluded, the Seller will send the Consumer, by e-mail, a receipt of the purchase order, containing these Conditions and the summary document on the Right of Withdrawal.

 

4. Product selection and purchase procedure

  1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, in order to purchase the Products placed in the cart, the Consumer will be invited to (i) provide the requested data, or (ii) in order to complete the order and allow the completion of the contract. The Consumer will then see a summary of the order to be executed, the contents of which he can modify: therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate flag (check-box) on the Site and finally , the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous Article 3 of these Conditions. The Consumer will also be asked to choose the shipping method and the payment method, among those available.
  2. If during the Product selection procedure on the Site referred to in Article 4.1 above, the Consumer detects that the price of one or more of the Products he intends to select for subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an evident technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to Customer Service by sending an email to the following address email info@watchive.eu
  3. By placing an order for customized products, the customer agrees to:
  1. represent and warrant that no name, word or phrase used, uploaded, submitted, copied or otherwise made public for use on your customized product falls into any of the following categories:
  2. a)that consist of or include part of the name of a Product, service, company, organization or event owned by a third party;
  3. b)which consist of or include the name or nickname of a famous person (dead or alive);
  4. c)that infringe or may infringe the intellectual property rights or trademarks of third parties;
  5. d)that contain threatening, inciting violence, defamatory, obscene, discriminatory, inflammatory, sexually explicit or otherwise prohibited by law messages.

ii.indemnify and hold harmless the Seller and the Owner and their affiliated companies from any costs, expenses, damages, losses and liabilities which the Seller or the Owner or their affiliated companies may suffer as a result of the use of any name, word or phrase used , uploaded or otherwise made public by the Consumer (including for use on the Consumer's customized product);

iii.grant the Seller and the Owner, as well as their affiliated companies, the global, non-exclusive, irrevocable and royalty-free right, entirely transferable to third parties, to use, reproduce, disclose and modify names, words or phrases sent by the Consumer for the purpose of personalizing and complete your order.

5. Delivery of goods and acceptance

  1. The Site indicates the availability of the Products and delivery times, however, such information is to be considered purely indicative and not binding for the Seller.
  2. The Seller undertakes to respect, as far as possible, the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following that in which the Consumer has sent the order. In the event of non-execution of the order by the Seller, the Seller will refund any sums already paid by the Consumer for payment of the Product pursuant to Article 5 below. If the Consumer has chosen bank transfer as the payment method, the delivery term will start from the receipt of the consideration by the Seller.
  3. The shipment of the Products will take place according to the methods selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check promptly and in the shortest possible period that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect of the Products received or of their discrepancy with respect to the order placed, according to the procedure of referred to in the following Article 8 of these Conditions; failing that, the Products will be considered accepted. If the packaging or casing of the Products ordered by the Consumer should arrive at its destination objectively damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reserve".

 

6. Prices, shipping costs, duties and taxes

  1. The price of the Products is the one indicated on the Site at the time the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs, which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
  2. The Consumer must pay the Seller the total price, as shown in the order sent by the Consumer.
  3. If the Products are to be delivered to a country that does not belong to the European Union, the total price indicated in the order, inclusive of indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order, in accordance with the provisions of the law of the country in which the Products will be delivered. The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the Products.
  4. Any additional costs, charges, taxes and/or duties that a given country should apply, for any reason whatsoever, to the Products ordered on the basis of these Conditions are the sole responsibility of the Consumer.
  5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to in the previous Articles, at the time of sending an order to the Seller, cannot constitute grounds for termination of this contract and that he cannot in any way charge the aforementioned charges to the Seller.

 

7. Payments

  1. The payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days starting from the date of transmission of the order to the Seller. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the Product(s) purchased is credited to the Seller's current account.
  2. Payment can be made by credit card or via PayPal, under the conditions described below. The Seller may provide additional payment methods, indicating them in the payment section of the Site.
  3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Paypal, the operator who takes care of the payments on behalf of the Seller. The data transmitted will be sent in secure mode, by means of the encrypted transfer of data that is not accessible to the Seller or the Owner.
  4. If the payment is made by bank transfer to the Seller, the Consumer must indicate the "Swift" and "IBAN" codes indicated in the order, as well as the order number.
  5. The Seller will promptly transmit to the Consumer, if required by applicable law, in electronic format via email to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.

 

8. Seller's legal guarantee of conformity, reporting of conformity defects and interventions under guarantee

  1. Pursuant to and for the purposes of the European Directive 44/99/CE and the Italian legislative decree n. 206/2005 (hereinafter "Consumer Code"), the Seller guarantees the Consumer that the Products will be free from design and material defects as well as compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in case of use of the Product that does not comply with that of the Product and with the instructions/warnings in this regard provided by the Seller and/or by the Owner, or indicated in the reference illustrative documentation, in the tags or labels .
  2. Under penalty of forfeiture of this guarantee, the Consumer has the burden of reporting any defects and non-conformities no later than 2 (two) months from discovery, by writing to the Seller, by email at info@watchive.eu, indicating the defect and/or non-compliance found, as well as at least one photograph of the Product, the copy of the order sent by the Seller and/or the tax receipt, as well as any other information useful to the Seller for the purpose of correctly identifying the sale made.
  3. Following receipt of the complaint and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner's assistance service and, after having carried out the quality checks aimed at verifying the effective non-compliance of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a reply, containing the instructions for making the return, via e-mail to the address provided by the latter during the registration process on the Site or when placing the order. The authorization to return the Products will in no way constitute recognition of defects or non-compliance, the existence of which must be ascertained after the return. The Products whose return has been authorized by the Owner must be returned by the Consumer, together with a copy of the return authorization notice, within 30 (thirty) days of reporting the defect or non-compliance, to the following address: info@watchive.eu .
  4. In the event of defects or non-compliance, the Consumer will have the right to have the Product restored to conformity by the Seller, by means of repair or replacement, or alternative remedies in the cases expressly provided for by art. 130 of Legislative Decree n. 206/2005. If the Seller has undertaken to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer's responsibility to notify the Seller, again via e-mail to the address info@watchive.eu, of the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due.

 

9. Liability for Defective Products

As regards any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply.

10. Right of withdrawal

  1. Without prejudice to the exceptions referred to in article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within the term of 14 (fourteen ) days from when (i) the Product was delivered or (ii) in the case of the purchase of several Products delivered separately with a single order, the last product was delivered.
  2. To exercise the right of withdrawal, the Consumer must inform the Seller, before the expiry of the term referred to in Article 10.1 above, of his decision by sending an explicit declaration (containing all the data relating to his purchase) to the Seller via the contact form or to the email address info@watchive.eu, of your decision to withdraw.
  3. Following the provisions of Article 10.2 above, the Consumer will receive an email confirming the withdrawal, containing, if he has already received the ordered product in the meantime, the return form to be included in the package, and instructions for proceed with the return of the product, to be sent within and no later than the following 14 days to ACHI' PROJECT SRL.
  4. If the Consumer has received the product, he is required to return it to without undue delay and, in any case, within 14 days from the day on which he communicated the withdrawal. The deadline is met if the Consumer returns the goods before the 14-day period has expired. The direct risks and costs of returning the goods, as well as proof of this, will be borne by the Consumer. If the Consumer exercises the withdrawal through the site, before confirming the withdrawal request he will be indicated the cost for returning the goods, if he wants to use the return service offered by the site.
  5. In the event of withdrawal, the Consumer will be reimbursed for the payments he has made, including delivery costs (with the exception of the additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and , in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be borne by the Consumer. The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that he has sent the goods back, whichever comes first.
  6. The Consumer is responsible for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their elements and accessories (including the labels and tags unchanged and attached to the product) , not accompanied by the attached instructions/notes/manuals, by the original packaging and by the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transportation.

 

NOTE: the order that concerns Products made or adapted on the basis of the specific indications of the Consumer or, in other words, customized products, the Consumer does not have any right of withdrawal pursuant to art. 59 of the Consumer Code.

 

11. Intellectual Property Rights

  1. All intellectual property rights relating to trademarks, names, as well as any distinctive sign, denomination, image, photograph, written text or graphic used on the Site or relating to the Products are the property of the Owner.

 

12. Consumer data and privacy protection

  1. In order to proceed with the registration, forwarding of the order and therefore the conclusion of the contract on the basis of these Conditions, some personal data from the Consumer are requested through the Website. The Consumer acknowledges that the personal data provided will be recorded and processed by the Seller and the Data Controller, in accordance with and in compliance with Regulation (EU) 2016/679 concerning the protection of natural persons with regard to the processing of personal data, as well as the free circulation of such data, to execute each purchase made through the Site and, subject to your consent, for any further activities as indicated in the specific Privacy Policy provided to the Consumer through the Site at the time of registration.
  2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
  3. The Consumer may at any time update and/or modify their personal data provided to the Seller by sending an email to info@watchive.eu.
  4. For any further information on the methods of processing the Consumer's personal data, please access the Privacy Policy section.

 

13. Security

  1. Although the Seller adopts measures aimed at protecting personal data against their eventual loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site are not accessible or viewable by unauthorized third parties.
  2. With regard to data relating to credit card payments, the Seller makes use of the services of the Paypal and Strip companies which adopt technological systems capable of guaranteeing the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web. Please refer to the Company's website for further information on the security systems they adopt.

 

14. Applicable law, conciliation attempt and competent court

  1. Each sales contract concluded between the Seller and the Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by the legislative decree of 9 April 2003 no. 70 on some without prejudice to the rights possibly attributed to Consumers by mandatory provisions of law in force in the State of the latter.
  2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer can promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure manner on the internet. For more information on the RisolviOnline regulation or to send a conciliation request, access www.risolvionline.com (http://www.risolvionline.com).
  3. As an alternative to the conciliation attempt referred to in Article 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes concerning contractual obligations deriving from online sales or service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has adhered to it, which can be selected from a special list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr (http://ec.europa.eu/odr ec.europa.eu/odr). The Seller's e-mail address to be indicated in the European ODR Platform is the following: info@watchive.eu.
  4. If the conciliation attempt referred to in the previous Article 14.2 or 14.3 is not accepted or if such attempt should have a negative result, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.