Terms and conditions
The offer and sale of clothing and accessories marked by the WIDE AWAKE brand (hereinafter also only the "Products") via the website www.wideawakeshop.com (hereinafter also just the “Site”) are governed by the following
GENERAL CONDITIONS OF SALE
The Products that can be purchased on the Site are sold by TJT Srl, a company duly registered in the Modena Company Register, CF and VAT number 03932710365, with registered office in Modena, in via Tacito n. 5/F (hereinafter also just “TJT”).
The TJT Company is the sole and exclusive owner of the national and European brand, Wide Awake, duly registered.
The purchase of the Products through the Site is permitted exclusively to adults who are therefore 18 years of age and qualify as consumers, meaning natural persons who, in relation to the purchase of the Products, act for personal purposes and therefore unrelated to the any entrepreneurial, commercial, professional or artisanal activity carried out.
The sale of the Products therefore takes place through the conclusion of a distance selling contract between TJT and the individual consumer, regulated, among other things, by Legislative Decree no. 206 of 6 September 2005 (hereinafter also just the "Consumer Code"), also updated pursuant to Legislative Decree no. 21 of 21 February 2014 (hereinafter also just the "Sales Contract") and subsequent amendments.
Art. 1 Acceptance of the General Conditions of Sale
1.1 To purchase the Products via the Site it is necessary to carefully follow the instructions and procedures provided by it, entering and verifying the information requested in each step of the guided procedure made available. The insertion and confirmation of incorrect data will entail liability exclusively for the user, therefore excluding any charge to the Company as also provided below.
1.2 The General Conditions of Sale apply to all purchases made through the Site and constitute an integral part of each Sales Contract. For this reason they must be previously examined and fully accepted before completing the procedure for submitting purchase orders.
1.3 The General Conditions of Sale may be updated or modified at any time by TJT at the latter's sole discretion. TJT will communicate them by publishing them on the Site in replacement of the previous ones.
1.4 Before making any purchase it is necessary to consult the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those published on the Site and in force on the date of sending the individual purchase order.
Art. 2 Purchase methods and sales prices
2.1 The information contained within the General Conditions of Sale and published on the Site, including all sales prices of the Products (already inclusive of VAT, but not shipping costs), do not constitute an offer to the public, but a mere invitation to formulate a contractual proposal.
2.2 In particular, following the addition of the Products to the cart it is possible to begin completing the purchase order, using the guided procedure made available by the Site, which, once forwarded, will be considered as a contractual proposal. The Sales Contract will be concluded only upon acceptance of the purchase order by TJT, in particular with the receipt of the TJT email confirming acceptance of the purchase order.
2.3 The sales prices of the Products are those indicated from time to time on the Site, except where there is an obvious error. In the event that an error is found relating to a purchase order received by TJT, the latter will inform the user as soon as possible, providing the option to re-submit the purchase order for the correct amount, or to cancel it . If it is not possible to contact the user, the order will be cancelled, resulting in a refund of the payment. It is understood that TJT will have no obligation to supply the Products at the lower price incorrectly indicated on the Site if the error in the price is obvious and unmistakable, making it possible to identify it as reasonably incorrect.
2.4 In the event that one or more Products are subject to a discount, the full reference price against which the discount is calculated will be indicated before submitting the purchase order. Likewise, the total cost of shipping the Products will be clearly indicated and displayed on the Site before placing the purchase order.
2.5 Payment for the Products can be made using the methods indicated on the Site before submitting the purchase order, as well as as better specified in the following art. 3.
Art. 3 Payment and reimbursement methods – Shipping costs
3.1 Orders can be paid by credit card, PayPal, ApplePay and other external payment circuits such as Klarna, Shop Pay, Google Pay, with the total amount due being charged at the time the purchase order is placed. All Mastercard, Visa, Visa Electron and PostePay credit cards are accepted. By authorizing the payment you declare that you are the legitimate holder of the credit card and/or access credentials, as well as being the legitimate holder of any discount codes. The use of credit cards owned by others is the full responsibility of the user, with the exclusion of any possible charge towards the Company.
3.2 In case of payment made by credit card, TJT is authorized to charge the credit card indicated by filling in the appropriate fields during the purchase order forwarding procedure the total amount highlighted as the total cost. The entire procedure takes place via a secure connection directly connected to the banking institution that owns and manages the online payment service, which TJT cannot access.
3.3 In case of payment made via external circuits, the procedure for forwarding the purchase order will redirect to the merchant's website to make the payment, based on the envisaged procedure and the terms and conditions of the contract agreed between the user and the provider of this platform.
3.4 If the payment is not successful (for example, in the event of failure to authorize the payment by the credit card issuer) TJT will not be responsible for any delay or failure to deliver, since the Sales Contract cannot be considered concluded in any way.
3.5 Should the user exercise the right of withdrawal, as provided for in these General Conditions of Sale, the amount to be refunded will be credited back to the same payment method used for the initial transaction (i.e. for the payment of the original purchase order).
3.6 Shipping costs are free throughout Italy for orders over €99. For smaller purchases, a cost of €5.90 will be charged for shipments throughout Italy. In the case of promotions inserted by TJT relating to any free shipping, the provisions of this article will not be applied.
3.7 Shipping costs abroad for all orders under €200 (in foreign currency $-£-CHF) are as follows: - United States $15, United Kingdom £15, Switzerland 15CHF, in Europe €10.
Art. 4 User obligations
4.1 The user is prohibited from entering third-party, inventory and/or otherwise false data in the guided procedure made available by the Site for forwarding the purchase order; the personal data, address, telephone number and e-mail must be exclusively your real personal data. Otherwise TJT assumes no responsibility.
4.2 TJT reserves the right to take initiatives and legally prosecute any violation and abuse and to contest any possible charges for illegitimate and illicit behavior of the user.
4.3 The user indemnifies TJT from any liability deriving from the issuing of incorrect tax documents due to the data provided by the user, the latter being solely responsible for the correct insertion of the same.
Art. 5 Availability of Products
5.1 It is possible to purchase the Products indicated in the electronic catalog published on the Site and in the quantities available from time to time. In the event that the Product indicated at the time of forwarding the purchase order is no longer present in the warehouse and is not otherwise available, TJT will inform the user via email, in the case of a purchase order concerning multiple Products, asking for any confirmation of the remaining part of the purchase order. TJT will reimburse via the same payment method used for the initial transaction, as soon as possible, and in any case within 30 days from the date of the communication of cancellation of the order sent by TJT, the expenses paid at the time the order was placed of purchase.
Art. 6 Delivery methods
6.1 The Products will be delivered exclusively in the territories indicated in point 3, to the address indicated by the user when placing the purchase order. TJT will ship via its trusted courier, who, following an initial unsuccessful delivery attempt, will make other attempts at its discretion before returning the Products to TJT, which will proceed, in this case , to cancel the purchase order and re-credit the sum paid to the same payment method used by the user for the initial transaction, excluding shipping costs or any other additional costs relating to the management of non-delivery.
6.2 TJT undertakes to process the orders transmitted within 7 working days from the confirmation email of acceptance of the purchase order by TJT, and in any case to deliver the Products within 30 days from the day following that on which the consumer has sent the purchase order to TJT. No responsibility can be attributed to TJT for delayed or failed delivery attributable to force majeure or unforeseeable circumstances.
6.3 Delivery will be considered to have taken place, or the order delivered, through acquisition by the user, or in any case by a third party indicated by the user, of the material availability or in any case of control of the Products, with the consequent passing of the risk relating to them.
6.4 The user is required to verify, at the time of delivery, the conditions and conformity of the Products received; Furthermore, it is up to the user to check the integrity of the packaging and the number of Products received, indicating any anomalies on the receipt documents before signing them. The provisions regarding delivery, withdrawal and legal guarantee referred to in the Consumer Code remain unchanged, as well as in accordance with the provisions of the General Conditions of Sale. By completing the guided procedure made available by the Site for forwarding the purchase order, the user authorizes TJT to communicate the personal data entered (delivery address, telephone number, e-mail address) to the trusted couriers used by TJT for the delivery of the Products in order to allow their delivery.
Art. 7 Responsibility
7.1 TJT assumes no responsibility for disservices (including of the Site), breaches and/or delays in the execution of the Sales Contract attributable to causes of force majeure such as, by way of example, accidents, explosions, fires, strikes and lockouts, earthquakes, floods, epidemics, acts, decrees, laws, regulations or restrictions imposed by the authorities and other similar events that prevent, in whole or in part, from executing the commitments borne by TJT, even if only within the times set out in the Sales Contract.
7.2 TJT will not be liable towards the user and/or third parties for indirect damages (including by way of lost profits), losses and costs suffered following the failure to execute the Sales Contract for the causes mentioned above, having the The user is only entitled to a refund of the price paid.
7.3 TJT will not be in any way responsible for the improper use by the user of means of payment not registered in his name and for false declarations and provision of incorrect data even to the detriment of third parties with respect to the contractual parties.
7.4 All costs that TJT will incur following the user's provision of incorrect or false data will be charged directly to the user, exempting TJT from any liability.
7.5 TJT will not be responsible for any third party delays in deliveries or data management.
Art. 8 Right of withdrawal
8.1 The user can exercise the right of withdrawal and return the Products received in compliance with the terms and methods set out below, as well as with the provisions of the Consumer Code.
8.2 The user who, for any reason, is not satisfied with the purchase made has the right to withdraw from the Sales Contract within 14 days from the date of delivery of the Products.
8.3 To exercise the right of withdrawal, the user can click on the "return" link at the bottom of the homepage which will allow the user to select the item to be returned and activate the related guided procedure. To change size, which is only possible in Italy, the user can consult the chosen section by clicking on the "exchange" link and following the relevant steps.
In case of difficulties or impediments in the return/exchange procedures it will always be possible to contact TJT via the email address shop@wideawakeshop.com .
8.4 Following the exercise of the right of withdrawal, the user is required to return the Products by direct delivery or shipping via courier or registered mail within 14 days from the date on which he communicated to TJT his decision to withdraw from the Sales Contract , to the following address:
TJT SRL
Via Tacito n. 5/F
41123 Modena
Italy
8.5 The costs of returning the Products are entirely borne by the user. The Products must reach TJT intact, clean and in the same condition in which they were received, packaged in an orderly manner, as well as provided with the original packaging, tags indicating the bar code and any other material that is part of the packaging. The Products must be returned with all original labels, packaging and other accessories (dustbags, clothing covers, etc.) contained inside the package at the time of delivery. The Products must not have been worn, washed or altered in any way. The user remains solely responsible for any decrease in value of the Products that may result from handling them other than that necessary to establish the nature, characteristics and functioning of the Products.
8.6 In the event that all the conditions and obligations of the user referred to in the previous points have been respected, TJT will refund the selling price of the Products by re-crediting the same payment method used by the user for the initial transaction , within 14 days from the day on which TJT is informed of the user's decision to withdraw from the Sales Contract. TJT remains entitled to withhold the refund until it has received the Products and verified their condition, or until the user has demonstrated that they have sent back the Products, whichever occurs first. Any costs (including shipping costs) incorrectly charged to TJT will be deducted from the refund amount. If paying by credit card, the refunded amount will be visible on your next credit card statement. The processing time may vary depending on the credit card company, in any case it is approximately 20 working days. Shipping and return costs will not be refunded.
8.7 The user who wishes to change size or color must necessarily exercise the right of withdrawal and subsequently submit a new purchase order.
Art. 9 Legal guarantee and operation
9.1 TJT sells clothing and accessories marked by the “WIDE AWAKE” brand and characterized by a high level of quality; however, if the Products delivered are found to be defective, the user can make use of the mandatory legal guarantee provided for by the Consumer Code, to cover any defects of conformity existing at the time of delivery of the goods.
9.2 It is specified that the Products are presumed to comply with the Sales Contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which products of the same type are usually used; b) conform to the description made by TJT and possess the qualities of the Product that TJT presented to the user as a sample or model; c) present the usual quality and performance of a product of the same type, which the user can reasonably expect, taking into account the nature of the product and, if applicable, the declarations (also reported on the Site) on the specific characteristics of the products made in this regard by TJT, in particular in advertising or on labelling; d) are also suitable for the particular use desired by the user and which was brought to the attention of TJT at the time of conclusion of the Sales Contract and which TJT also accepted for conclusive facts.
9.3 All additional and derogable guarantees are excluded, except those that cannot be excluded in favor of consumers, also in accordance with the provisions of the Consumer Code in this regard.
9.4 To activate the guarantee the user must send an email to shop@wideawakeshop.com , following which the case will be managed by TJT.
Art. 10 Applicable law, competent court, legal terms
10.1 Any dispute relating to the application, execution, interpretation and violation of the Sales Contract is governed by Italian law.
10.2 For any dispute arising from the Sales Contract, the Court of Modena will be exclusively competent, to the exclusion of any other court. The user, before initiating a lawsuit, however has the possibility of starting an assisted negotiation procedure with the assistance of lawyers.
10.3 Pursuant to art. 1341 and 1342 cc the parties, after rereading each clause and in particular those referred to in numbers 2.2, 2.3, 2.4, 3, 4, 6, 7, 8, 10.1, 10.2 which precede, declare, with the publication of their announcement and with the conclusion of the order, expressly to approve them, the publication of the announcement and the confirmation of the order having to be attributed the value of subscription and adhesion to the aforementioned clauses.