General conditions of sale
The general conditions of use and sale set out below ("General Conditions") indicate, in compliance with current consumer protection regulations, the conditions and methods by which any person ("User") may use and/or proceed to purchase online the Products on sale on this e-commerce website winxclubshop.com ("Website").
The Website is managed and updated by Tridimensional S.r.l. ("Tridimensional" or "Seller") with registered office in Loreto (AN), Via Brecce snc, Italy, VAT number 02206380426, registered with the Registry of businesses under number R.E.A. AN - 0169251.
1) Subject - Conditions of use of the Website - Scope of application
The Seller does not guarantee, by way of example but not limited to, the quality, proper functioning, absence of interruptions or the suitability of the Website and its services for a particular purpose or result set by the User.
1.2 Use of the Website must be made by people over the age of 18 only. In order to use the Services and the Website, the User declares that he/she is over the age of 18 and is required to provide correct and truthful information. The User is solely responsible for the truthfulness, correctness and completeness of the personal information provided, including that required to obtain the credentials (Username and Password) to access the reserved sections of the Website. In particular, Users shall be solely responsible for any communication of incorrect, false or third-party information and/or data without their consent, as well as for any use of the Website which does not comply with the principles of correctness and good faith.
In order to register on the Website, Users will be required to provide personal information (such as name, surname, address, email address, telephone number and password) for the creation of a personal profile ("Account"). Such information must be up-to-date, correct, and true and must be constantly and promptly corrected in the event of changes.
Each registered User is obliged to keep the access credentials to his/her Account confidential and to immediately communicate, using the form included in the "Contact Us" section of the Website, any violation of his/her Username and/or Password, or of the unauthorised use of his/her Account.
1.3 These General Conditions also regulate the sale of the products ("Products") performed by Tridimensional through the Website.
1.4 The Website is dedicated to retail sales and thus it is intended for the exclusive use of Users who are qualified as consumers ("Customer(s)" or "User(s)").
1.5 If the User is a person who does not qualify as a consumer, please send an e-mail using the form in the "Contact Us" section of the Website to obtain a specific quotation.
If one or more sales are made through the Website to a person who does not qualify as a consumer, these General Conditions will apply but, by way of the derogation from such General Conditions:
- a) the Buyer will not be entitled to the right of withdrawal referred to in Article 4;
- b) the Buyer shall not be entitled to benefit from the warranty on the Products in favour of consumers, as set out in Article 7;
- c) the Buyer shall not be entitled to any other protections provided herein for consumers that reflect and/or comply with mandatory statutory provisions.
1.6 For any requirement in relation to orders, shipments, withdrawal, guarantees, as well as refunds and returns of goods purchased through the Website, as well as for any information and/or assistance on the services provided by the Website, please send an e-mail using the form in the "Contact Us" section of the Website.
2.1 All information and data concerning the Products and reported in this Website, or in other documents of Tridimensional, are indicative and illustrative.
2.2 It is the Customer's responsibility, before sending the order through the Website, to verify that the Products are suitable for the specific purpose and/or use for which he/she intends to purchase them and that they comply with the regulations of the place where he/she intends to receive them and use them in any way.
2.3 Tridimensional, even after the acceptance of the Order, may make any modification to the Products that it deems necessary and/or appropriate, provided that the modification does not alter their essential characteristics.
3) Purchasing procedures
3.1 In order to purchase the Products added to the cart, the User will be asked, alternatively, to: (i) register on the Website and create an Account, providing the requested data, or (ii) log in, if the Customer already has an Account, or (iii) provide only the data needed to complete the order and allow the execution of the contract, without registering.
It is possible to make the purchase in Italian or English.
3.2 The Products available on the Website can be currently purchased and shipped in the EU and USA.
3.3 The presentation of the Products on the Website represents a mere invitation to formulate a contractual proposal of purchase, addressed to the Users of the Website and does not constitute a binding offer for Tridimensional. The order placed by the User shall therefore be considered as a contractual proposal of purchase addressed to Tridimensional for the Products listed, each one individually considered.
The purchase order sent by the Customer is regulated by these General Conditions, which are an integral part of the order itself and which the Customer, by sending the order to the Seller, accepts in full and without reservation.
3.4 Tridimensional shall send the Customer a communication of notice of receipt and confirmation of the order by e-mail, to the e-mail address communicated at the time of registration or at the time the order is sent ("Order Confirmation"). The Order Confirmation will contain the order number, the price of the Products, including taxes and shipping costs, as well as information on the approximate date of delivery of the Product and all other information required by law. The agreement shall begin to produce effects and shall be binding for Tridimensional only upon receipt of the Order Confirmation by the Customer.
We recommend the Customer to print and/or keep a copy of these General Conditions and of the relevant Order Confirmation.
3.5 The fulfilment of all orders on the Website is subject to the actual availability of the Products. Tridimensional expressly reserves the right not to accept the order for any reason. In case of non-acceptance of the order, Tridimensional shall promptly inform the Customer.
3.6 Delivery times reported on the Website and/or in the Order Confirmation are indicative and not binding for Tridimensional. The Products shall be delivered using the delivery method indicated in the Order Confirmation to the address indicated by the Customer.
4) Right of Withdrawal (for Customers having their habitual residence in Europe)
4.1 Without prejudice to the exceptions indicated below and any additional exceptions provided for by applicable law, only if the Customer that enters into the Agreement is as a consumer (this definition meaning any physical person who accesses the site for purposes other than the business or professional activities he/she may exercise), he/she will have the right to withdraw from the order and the relative agreement concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) working days from the delivery date of the ordered Product. The period for exercising the right of withdrawal referred to above shall expire once the fourteen (14) working day-term from the date of delivery of the goods to the Customer or to a third party other than the courier has elapsed.
4.2 Notice of withdrawal may be sent using the appropriate form in the "Contact Us" section of the Website. After receiving the notice of withdrawal, Tridimensional shall communicate to the Customer the "return code" and the address where to return the Product.
4.3 The Customer shall arrange for the shipment of the Product to be returned to the address indicated pursuant to article 4.2 above within and no later than ten (10) working days from the date of receipt of the "return code" and the address where to return the Product. The costs of returning the Product shall always be borne by the Customer.
4.4 The right of withdrawal can be exercised in relation to the purchased Product in its entirety (it is not possible to exercise the right to withdraw only on part of the purchased Product, such as: accessories included in the same article or article composed of several parts or components). The right to withdraw is excluded for customised and/or made-to-measure Products requested by the Customer.
4.5 The Customer is responsible for the decrease in the value of the Products resulting from handling other than that necessary to establish their nature and characteristics.
In the event of exercising the right of withdrawal, the Customer must return the Products intact, sealed, and complete with all their elements and accessories (including labels, explanatory leaflets, warranty seals, films, unaltered tags), accompanied by instructions, data sheets, notes, manuals and/or other documents attached, the original packaging and the warranty certificate, if any.
The costs of returning the Product shall be borne by the Customer.
4.6 The Customer forfeits his/her right of withdrawal in the event of:
- a) the exercise of the right of withdrawal beyond the terms provided above;
- b) the delivery of the goods after the terms provided for above (the date of shipment of the Product shall be considered the decisive date);
- c) the absence and/or lack of integrity of the original guarantee seals, films, labels and/or external and/or internal packaging;
- d) the absence of integral elements of the Product (accessories, laces, gadgets of the Product, etc.);
- e) the damage of the Product due to causes other than its transport;
- f) handling other than that necessary to establish the nature, characteristics and functioning of the goods pursuant to paragraph 4.5 above;
- g) Products bearing signs of damage, use and/or opening;
- h) all other cases provided for by law.
4.7 Tridimensional shall verify the legitimacy of the exercise of the right of withdrawal as well as the status of the returned Product.
In the event that the Customer is found to have forfeited the right of withdrawal pursuant to the foregoing, Tridimensional shall return the Product in question to the Customer, without returning the relevant price to the Customer and subject to payment by the Customer of the shipping costs.
In the event that the Customer has legitimately exercised his right of withdrawal, Tridimensional shall reimburse the Customer only the price of the Product but not the expences incurred to return the Product in question, which shall be borne by the Customer.
In any case of return of goods, even when Tridimensional itself collects the Product, the costs of returning the Product shall be borne by the Customer. In this case, therefore, the shipping costs to be reimbursed to the Customer are to be charged to the cost of returning the Product and compensated with it, unless otherwise indicated in connection with individual promotions.
4.8 Notwithstanding the above, Tridimensional shall refund the Customer the price of the Products for which he/she has legitimately exercised the right of withdrawal, within a maximum period of 14 days from the date of return of the Product, using the same method of payment that the Customer used for the purchase. The refund shall be suspended until the receipt of the goods by Tridimensional.
The actual receipt of the refund amount by the Customer may differ depending on the payment circuit used for the payment and, therefore, for the execution of the refund.
4.9 Without prejudice to any Consumer’s right under applicable law, right of withdrawal shall not be applicable to Customers having their habitual residence in USA and/or with respect to Products purchased and shipped in USA.
5.1. The Price of each Product is the one indicated on the Website. The prices indicated on the Website include packaging costs, VAT (if applicable) and indirect taxes (if any applicable), whereas they do not include shipping costs, which are calculated before the order confirmation, and any other tax burden, duty or sales taxes, which the Customer expressly commits to pay, if any due, in addition to the Price indicated during the order and confirmed in the order confirmation.
5.2 The Customer shall pay to the Seller the total price, as indicated in the order confirmation.
6.1 The payment of the Products shall always be made in advance, before their shipping. The Customer expressly accepts that the execution of the agreement by Tridimensional will start only upon Tridimensional receipt of the payment of the price of the purchased Product(s) on its bank account. Notwithstanding the foregoing, Tridimensional reserves its right not to accept the products’ order, based on the storage availability of the latter at the moment of the finalization of the order.
6.2 The payment of the Products can be made by credit card (through the circuits expressly indicated on the Website) and PayPal. The transmitted data will be sent in secure mode, through the transfer of encrypted data with SSL (SecureSocketLayer) at 128 bits. Such data are not accessible for Tridimensional either.
Tridimensional will charge the price of the Products only after the e-mail confirming that the order has been sent.
6.3 Occasionally, Tridimensional may ask the Customer for additional information to verify its identity. In such a case, the User will be contacted by e-mail or by phone.
7.1 Pursuant to the European Directive 44/99/CE and the Italian Legislative Decree n. 206/2005 (Consumer code), the Seller guarantees the Customer that the Products will be free from manufacturing and material defects and alike to the approximate description published on the Website. This warranty will be effective and applicable until the expiry date which is stated on each Product and only to undamaged and properly stored Products, according to the instructions provided on each Product package.
7.2 Upon Products delivery, the Customer will be responsible for examining the Products as soon as possible and, subject to forfeiture of the present warranty, any Products defects must be reported by the Customer within two (2) months of the defects being discovered, by sending to Tridimensional the accurate description of such defect and/or the non-compliance discovered, supported by related documentation evidencing its right of warranty, namely: (i) at least one (1) picture of the Products allegedly defective and/or the related effects, (ii) the details of the Order Confirmation sent by the Seller and (iii) the purchase receipt.
7.3 After the receipt of the request for return and/or the completed specific form together with the related documentation above specified, Tridimensional will evaluate the defects and non-compliance reported by the Customer. After having carried out the needed quality checks to verify the actual non-compliance of the Products, Tridimensional will decide, at its sole discretion, whether or not to authorize the return of the Products, providing the Customer with a written response by e-mail to the address communicated by the Customer. The authorization to return the Products shall under no circumstances constitute acknowledgement of the defects or of the non-compliance, which existence shall be ascertained after the return of the Products. Following such verification, should the Products not result covered by warranty, Tridimensional will send the Products back to the Customer, without refunding the purchase price and subject to Customer’s prior payment of the shipping costs.
7.4 The Products for which the Seller has authorised the return shall be returned by the Customer together with the copy of the notice authorizing such return in writing within ten (10) days from the receipt of such notice to the address indicated by Tridimensional.
7.5 The application and validity of the warranty is expressly excluded in case of improper and non-compliant use and storage of the Products, different from the instructions/warranties provided by the Seller and/or included in the descriptive documentation and/or in the tags and/or in the labels of the Product and/or in case of lack of purchase receipt.
8) Product Liability
8.1 The provisions of the European Directive 85/374/CEE and of the Consumer code (or any other applicable consumer protection law in the event of Customers having their habitual residence out of Europe), shall apply to potential damages caused by defective Products. To the maximum extent permitted by law, the Seller shall under no circumstances be deemed responsible for property damage and/or personal injury resulting from and/or attributable to the improper and non-compliant use and storage of the Products different from the instructions/warranties provided by the Seller and/or non-compliant with the nature of the Products themselves. Therefore, to the maximum extent permitted by law, the Customer shall indemnify and hold the Seller harmless and exempt from any and all liabilities, without exception, arising out of such Customer’s improper and not-compliant use and storage of the Products.
9) Intellectual Property
9.1 Any and all elements of the Website, covered or not by copyright registration (including but not limited to pictures, Products sheets, descriptions, layouts, etc.) are the exclusive property of Tridimensional and/or of its licensors and/or assignor and may, under no circumstances whatsoever, be used in any way by third parties. All designs, models, texts, visual or audio, comments, work, illustrations, images present and/or reproduced on the Website are protected by the related applicable copyright.
Any kind of reproduction and/or representation of such elements by the User or by third parties, without Tridimensional prior written authorization, is expressly forbidden and will entail civil and criminal liability for the author of such misconduct. The User who has a website, a page on the social networks or something similar, and wants to publish a link directly redirecting to the Website’s homepage must compulsorily ask for Tridimensional’s prior written authorization.
The links redirecting to the Website and which use «framing» or «in-line linking» technologies are expressly forbidden. Any such link, even if borne and not contested, shall be immediately removed upon Tridimensional’s simple request.
10) Events Beyond Our Control
10.1 Events Beyond Our Control means any action or event beyond the reasonable control of Tridimensional, including but not limited to strikes, lockouts, and any other third parties industrial actions, insurrections, riots, terrorist attacks or threat of terrorist attacks, war (declared or not), or threat or preparation for the war, fire, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural disasters or faults and/or malfunctions of the Website, of the related applications and/or of the public or private telecommunication networks.
Should an Event Beyond Seller’s Control occur, which interferes with or prevents the Seller from performing any of its obligations arising out of the present General Conditions:
- the User will be contacted to be informed as soon as reasonably possible;
- Tridimensional’s obligations arising out of the present General Conditions will be suspended and the term for fulfilment of such obligations will be extended for the entire duration of the Event Beyond Our Control.
Should the Event Beyond Our Control affect the delivery time of your Product, Tridimensional will inform the Customer of the new delivery date subsequent to the end of the Event Beyond Our Control. In case an Event Beyond Our Control occurs and the Customer does not wish to receive the Products anymore, the latter will be entitled to terminate the agreement.
11) Governing Law and Disputes Resolution
11.1. This General Condition are governed by Italian Law and will be interpretated on the basis of the same. Accordingly, the interpretation, the execution and the termination of this General Conditions are subject to Italian law.
11.2. Tridimensional is available to find amicable solution to the disputes that may be arisen through the contact herein indicated. Furthermore, the User is informed that, pursuant to Article 14 of EU Regulation no. 524/2013 and the resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016, an online platform for the resolution of ODR ("online dispute resolution") deriving from the on-line purchase of goods has been established by the European Commission, accessible at the following link: https://webgate.ec.europa.eu/odr/main/index.cfmevent=main.home.chooseLanguage
Through the ODR platform, it is possible to consult the list of ODR authorized bodies, find information and contact link and start an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show
11.3. In any case, the Customer has the right to recourse to the ordinary competent court for the dispute arising from these General Conditions, regardless the outcome of the settlement procedure described above, as well as the right, where applicable, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II - bis of the Consumer Code (i.e. Legislative Decree No. 206/2005).
11.4 If the Customer acts in the exercise of its business, commercial and/or professional activity, pursuant to Article 1.5 above, the parties mutually agree the exclusive jurisdiction of the Court of Ancona. Without prejudice to the provisions of this article 11.4, as an exception to the principle hereabove, Tridimensional is in any case entitled to bring his action before the competent court of the place where the Customer has his registered office.
12) Security of the Website, Limitation of Liability
12.1 Tridimensional adopts any technical and organizational measure to preserve the inviolability and security of the Website and relevant operativity.
12.2 By accessing the Website, Users will be solely responsible for its use, as well as for the use of the materials contained therein. In particular, Tridimensional shall not be liable for any illegal use of the Website or, in any case, for any use non-compliant with current laws, except for residual liability for willful misconduct and gross negligence. Any downloaded Material will be freely downloaded by Users. Users will be responsible for subsequent damages to computers, software and/or data loss and no responsibility can be attributed to Tridimensional, except in cases of willful misconduct or gross negligence.
12.3 Tridimensional disclaims any responsibility for any damage connected to malfunctioning, suspension, interruption or in any case inaccessibility to the Website (and its contents) due to force majeure, unforeseeable circumstances, or incorrect use of the services and/or materials of the Website by the Users. Except in cases of willful misconduct or gross negligence, Tridimensional will not be liable for any damage caused by viruses, damaged files, errors, omissions, cancellations attributable to third parties, or in any case connected to the network, provider, or telephone and/or telematic and/or electric connections. Without prejudice to the provisions herein and to the maximum extent permitted by law, Tridimensional disclaims any liability for damage related to unauthorized access to the Website by third parties and/or related alterations, failure and/or malfunction of the hardware as well as the software of the Users. Tridimensional will take care to communicate, well in advance, on the home page of the Website, any interruptions and/or planned suspensions of the online services and, if possible, any further information on the malfunctions and/or anomalies of the Website, and related e-commerce, capable of affecting the Users.
13) Modifications and Updates
Tridimensional retains the right to unilaterally modify this General Conditions at any time. The new version will be notified to the Users through publication on the Website well in advance of entry into force. Tridimensional shall specify the reasons for the changes, providing every relevant detail to the Users. The new versions of the General Conditions will be effective from the date of publication of the same on the Website and in relation to Orders submitted after that date.
Date of publication on the Website and of entry into force 08/12/2021
Last update: 02/20/2022