Terms and conditions of sale

Art. 1 Introduction

These general conditions govern the offer and sale of goods and/or services promoted online by Exasys S.R.L. – Weclo ', with registered office in Triggiano (BA) at S. P. 60 Triggiano – San Giorgio km. 0.800, mail info@weclo.it, pec exasys@pec.it.

Art. 2 Object of the contract

Under the contract, the Supplier sells and the buyer purchases, via telematic tools, the goods and/or services offered on the site at the address (URL) www.weclo.it. The goods and/or services that are cataloged on the aforementioned site are described in detail, using a specific technical sheet; in any case, the image accompanying the description of a service may not be perfectly representative of its characteristics but may differ in terms of the characteristics and accessories shown in the figure. All purchasing support information (Glossary, Purchasing Guide, etc...) is to be understood as simple generic information material, not referable to the real characteristics of a single service.

Art. 3 Updating of the online catalog and availability of goods/services

The supplier ensures the processing and fulfillment, through the computer system, of the order according to the procedures set forth in art. 4. To this end, the supplier's electronic catalog will be updated in real time in relation to the available and unavailable goods, as well as any shipping times. The aforementioned computer system will confirm the order's registration as soon as possible, forwarding specific confirmation to the buyer by e-mail (so-called order receipt). This confirmation message will contain the Date and Time of execution of the order and a "Customer Order Number", to be used in any further communication with Weclo'. The message re-proposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document. In case of non-acceptance of the order, Weclo' guarantees timely communication to the Customer. In the event of non-execution of the order due to unavailability, even temporary, of the goods, Weclo', within thirty (30) days from the day following the day on which the Customer sent the order via the website www.weclo. it, will inform the Customer and will refund any sums already paid for the payment of the goods.

Art. 4 Conclusion of the contract

The contract will be finalized exclusively in the online mode. The buyer will be able to proceed with the purchase using the guided procedure that will be displayed online, according to the format prepared by the supplier. Specifically, the buyer will have to select the goods and/or services he intends to purchase, placing them in the cart; before forwarding, an order confirmation form will be displayed, with an indication of the prices of each good and any transport costs. By means of the order confirmation, the buyer undertakes to verify and validate the personal data, the goods/services covered by the contract, the prices, any shipping costs and/or accessory charges, confirming the methods and terms of payment chosen, the address where to make the delivery, as well as any further data requested. The format of the order confirmation states in advance, where possible, the delivery times as well as all the faculties available to the buyer, including the right of withdrawal. Only after order confirmation will the request actually be sent to the supplier. The online publication of goods/services offered on the website integrates an invitation to offer for the buyer to formulate a purchase proposal. The purchase order sent by the buyer configures a contractual proposal, in any case bound by these general contract conditions, which the buyer declares to know and expressly accept. The contract stipulated between Weclo' and the Customer must be considered concluded with the acceptance of the order by the selling company. This acceptance is considered tacit, unless otherwise communicated in any way to the Customer. The supplier has the right to accept or not the order sent by the buyer, without the latter being able to make any claim and/or right in any capacity, including compensation, for the non-acceptance of the order. The buyer may cancel his order before receiving the confirmation of acceptance, provided that the order has not been processed and prepared for shipment and/or activation of the service. Only in this residual hypothesis, the buyer will be held harmless from any cost and/or expense. In any case, without prejudice to the right of withdrawal in the terms and conditions set forth in art. 9. The contract will be considered devoid of correct completion and will therefore be devoid of any effect in the event of non-compliance with the provisions of this article. For any error, modification, correction, integration, misprint in the order sent, the buyer is required to send immediate communication to the following e-mail address: info@weclo.it.

Art. 5 Obligation and method of payment

The payment of the consideration will take place according to the method chosen by the buyer among those made available by the supplier; the choice between the individual methods allowed will not involve any additional cost for the buyer, except for any costs borne by the supplier which will be duly documented and communicated to the buyer. Any refund to the buyer will be credited using one of the methods proposed by the supplier and chosen by the buyer; in case of withdrawal, the refund will be made within 14 days from when the supplier has received formal communication of the intention to withdraw or from when the buyer has returned the goods or has given proof of shipment of the same. In cases of purchase of services with PayPal payment methods, together with the conclusion of the online transaction, PayPal will immediately debit the amount relating to the purchase made. In the event of cancellation of the order, both by the Customer and in the event of non-acceptance of the same by Weclo', together with the cancellation, the amount relating to the canceled orders will be credited back to the Customer's Paypal account. The crediting times on the chosen payment instrument within the Paypal account depend exclusively on PayPal and the banking system. Once the amount has been credited back to the Paypal account, in no event can Weclo' be held liable for any direct or indirect damages caused by delays in the actual crediting due to Paypal or the banking system. Weclo' reserves the right to ask the Customer for supplementary information (e.g. landline telephone number) aimed at determining the effective ownership of the PayPal account. In the absence of the required documentation, Weclo' reserves the right not to accept the order. At no time during the purchase procedure, Weclo' will be able to know the information relating to the buyer's credit card or to the other methods chosen within the PayPal wallet. In no case Weclo' can therefore be held responsible for any fraudulent or illegal use of credit cards by third parties, upon payment for products purchased on the site. In case of payment by advance bank transfer, any limitations are clearly highlighted in the shopping cart. The buyer's order will be suspended until proof of the bank transfer is received, to be sent to Weclo' (via e-mail) no later than 3 (three) working days from the date of acceptance of the order. Once the amount due has been effectively credited to Weclo' c/c (which must take place within 7 (seven) working days from the date of acceptance of the order), the Purchaser will receive the service purchased.
If the aforementioned times are exceeded, the order will be deemed automatically cancelled. The reason for the bank transfer must include:

• the order reference number;
• the date of placing the order;
• name and surname of the order holder.

The RID Bancario form of payment is possible on all the services in the catalogue. Any limitations are clearly highlighted in the shopping cart. In case of payment by bank direct debit, the Purchaser will be required to sign the authorization for this debit, to be presented to the bank for the consequent alignment; what is ordered by the buyer will remain suspended until receipt of proof of bank transfer, to be sent to Weclo' (via e-mail) no later than 3 (three) working days from the date of acceptance of the order. The shipment of the order will take place only when the amount due is actually credited to the Weclo' current account, which must take place within 7 (seven) working days from the date of acceptance of the order. If the aforementioned times are exceeded, the order will be deemed automatically cancelled. For the purposes of correct processing of the individual payment methods, the following information is provided:

• Bank transfer to current account held by Exasys S.R.L.
• Bank drafts payable to Exasys S.R.L.

Current Account Data:
Weclo' - Bank: BANCA DI CREDITO COOPERATIVO DI BARI SC
IBAN IT31U0701204000000000020532
BIC/SWIFT: ICRAITRRS40
Upon completion of the transaction, the Supplier will issue a regular invoice.

Art. 6 Delivery methods, times and costs

The supplier will deliver the goods and/or services ordered, without unjustified delay, at the latest within 30 days. from the date of conclusion of the contract in the manner indicated above. Where the supplier is unable to fulfill the shipment within the indicated term, he will promptly notify the buyer by email, using the contact details that will be saved during registration. In the event of errors, unavailability or for any reason beyond the supplier's control, delivery proves impossible, the buyer will not be able to claim any damages and/or compensation and will be burdened with bearing the additional costs and expenses that the supplier will be forced to bear up to upon completion of the delivery. If the delivery is not completed, the buyer will forfeit any claim and/or right in relation to the amount paid in favor of the supplier.

Art. 7 Methods of conservation/archiving of the contract

Pursuant to art. 12 d.lgs. 70/2003 as well as the articles 50-51 Consumer Code, each online order registered will be kept and archived in digital/paper format with the supplier, for the entire period of validity of the contractual relationship and only for the purpose of implementing the aforementioned contract, basing the act on the principles of fairness, good faith and confidentiality. For any copies and/or clarifications, the buyer may contact the supplier by sending a specific email note to the following address: info@weclo.it
The buyer is invited to file and/or print both the order confirmation and the order receipt on his device, in addition to these general terms and conditions.

Article 8 Withdrawal

Pursuant to art. 64 of the Legislative Decree n 206/2005 and subsequent additions and amendments, if the purchaser is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number reference in the registration form order present on the website in question), has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within and no later than 14 days starting from the day on which the Purchaser acquired possession of the goods or, for contracts relating to services, from the day of conclusion of the contract itself. The right of withdrawal is in any case extended to the service purchased in its entirety; therefore, it is not possible to exercise the withdrawal only on part of the service purchased. Where the consumer intends to exercise this right, he must notify the supplier by certified e-mail exasys@pec.it or registered mail with return receipt. The return of the goods must take place without delay and in any case no later than 14 days from the date on which the communication of the intention to withdraw was sent. The shipping costs of the goods will be borne by the purchaser, who will be required to take every precaution useful to guarantee the integrity of the goods during transport (original casing and packaging or equivalent). The supplier will reimburse the price paid by the buyer in the event of withdrawal communicated within 14 days of the conclusion of the contract and, for this purpose, will use the same payment instrument adopted by the buyer, unless otherwise expressed by the latter to be promptly expressed (any additional costs will be borne by the buyer). The return of the goods will take place only following the return of the goods or in any case not before the buyer has given proof of having sent the goods for return. Where the goods are returned in a damaged form or in any case not corresponding to the initial state, the supplier may withhold from the refund an amount corresponding to the decrease in the value of the goods or, in the case of unusability of the goods themselves, may request a refund equal to the residual value of the well itself. Upon the outcome of the communication of withdrawal, all constraints connected to the contract will cease except as provided for in this article.

Art. 9 Guarantee of conformity, denunciation and activation of protections

The guarantee for defects in the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations (Articles 1490 and following of the Civil Code). The lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within 2 months from the date of discovery of the defect. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. After six months, the buyer will have to provide proof that the damage did not originate from an incorrect or improper use of the product. Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the goods, the buyer has the right to restore the conformity of the product, free of charge. To this end, you can normally choose between repairing the product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the buyer has the right to an appropriate price reduction or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced it within a reasonable time; iii) the replacement or repair has caused considerable inconvenience to the purchaser. If the purchaser intends to take advantage of the remedies provided by the legal guarantee accompanying the products, he must contact the supplier at the e-mail address info@weclo.it. The supplier will promptly respond to the communication of the alleged lack of conformity and will indicate to the purchaser the specific procedure to follow, also taking into account the product category to which the goods belong and/or the reported defect.

Art. 10 Limits and responsibilities

The supplier is not responsible for the failed and/or delayed execution of the contract if it depends on disservices attributable to force majeure, unforeseeable circumstances or circumstances, in any case, not attributable to the supplier. Except for the hypotheses referred to in art. 1229 of the Civil Code, no compensation will be due to the purchaser, who will at most be entitled to obtain a refund of the amount paid (including accessories).
The supplier assumes no responsibility for any fraudulent or illicit use by third parties of credit cards, checks and other means of payment, upon payment for the services purchased, if he demonstrates that he has taken all possible precautions in based on the best science and experience of the moment and on the basis of ordinary diligence. The buyer undertakes to indemnify and hold harmless the supplier (as well as any company controlled or affiliated by the same, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal expenses incurred to defend oneself in court, which may arise in the event of damage caused to other users or third parties, in relation to the uploaded contents or the violation of the terms of the law or the terms of these conditions.
Therefore, the supplier will not be responsible for:

1. any losses which are not a direct consequence of the supplier's breach of contract;
2. any loss of business opportunity and any other loss, even indirect, possibly suffered by the purchaser (such as, by way of example and not limited to, loss of business, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
3. incorrect or unsuitable use of the application by users or third parties;
4. the issue of incorrect tax documents due to errors relating to the data provided by the purchaser, the latter being solely responsible for the correct entry.
   In no event can the supplier be held responsible for a sum exceeding double the cost paid by the buyer. No damages can be requested from Weclo' for any delays in carrying out repairs or replacements.

Article 11 Force majeure

The supplier cannot be held responsible for the failed or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the supplier due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as , by way of non-exhaustive example, breakdowns or interruptions to telephone or electricity lines, to the Internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and IT attacks, interruptions in the provision of third-party products, services or applications. The fulfillment of the obligations by the supplier will be considered suspended for the period in which events of force majeure occur. The supplier will perform any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

Art. 12 Links to third party sites

The online site may contain links to third party sites. The provider exercises no control over them and is therefore in no way responsible for the content of these sites. Some of these links may refer to third party sites that provide services through the site. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the supplier assumes no responsibility.

Art. 13 Automatic termination of the contract

The timely payment of goods and/or services purchased online, pursuant to art. 5 of these general conditions as well as any further charges constitute essential obligations of the contract. If not justified by unforeseeable circumstances or force majeure, the non-fulfillment of the aforementioned obligations will result in the automatic legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling on the point.

Art. 14 Invalidity of individual clauses and express waiver

If any provision of these Terms is found to be illegal or invalid, it will not be deemed to form part of the Terms and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law. No waiver by either party of an article of these Conditions will be effective unless it is expressly declared and communicated in writing to the recipient's address.

Art. 15 Privacy

The supplier protects the buyer's particular data, guaranteeing full compliance of their treatment with the reference legislation and, in this case, with EU Reg. 2016/679 and subsequent amendments, in addition to the relevant national regulations (privacy code, such most recently amended by Legislative Decree 101/2018). By referring to the information on the processing of personal data and the connected information on the use of cookies, it is anticipated that the data acquired directly and/or indirectly through the site will be collected and processed in telematic/IT form and, where appropriate, on paper, with the following main purposes: a) register the order; b) proceed with the execution of the contract and related communications; c) fulfill legal obligations; d) manage commercial relationships to better perform the requested services. The correct and timely communication of the buyer's personal data is a necessary condition for the punctual execution of the contract by the supplier, who, in default, will not be able to process the buyer's order.

Art. 16 Contact details of the supplier and the buyer

For any request and/or direct communication to the supplier, please refer to the following contact details: mail info@weclo.it, pec exasys@pec.it The purchaser indicates when registering on the site, or at the latest in the order confirmation form, his residence, domicile, the relative telephone numbers and the e-mail address to which to send all communications.

Article 17 Complaint

Any complaint must be addressed to Mr. Giuseppe Gaudioso, S.P. n. 60 Triggiano – San Giorgio km 0.800 – 70019 Triggiano (Bari). Alternatively, the customer can start a complaint using the online dispute resolution tool by connecting to the Webgate Europa website and starting an alternative procedure to the traditional courts.

Art. 18 Applicable law

For everything not expressly provided for and not provided for herein, the parties make explicit reference to national and Community regulations, ordinary and special, on the subject of sale, consumer rights and e-commerce. The sales contract between the Customer and Weclo' is understood to be concluded in Italy and governed by Italian law. For the resolution of civil and criminal disputes deriving from the conclusion of this distance selling contract, if the buyer is a consumer, the territorial jurisdiction is that of the reference court of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Bari.