Terms and conditions – Wannabe

Terms and conditions

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Website publication and entry into force date 15/11/2022

WANNABE di Perini Lorenzo
via Calatafimi 40, 62012,
Civitanova Marche (MC), Italy.
P.IVA: IT02021920430

(+39) 335 147 2812

1. Subject

1.1. Wannabe sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be WANNABE as Seller (hereafter the “Seller “) and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the “Consumer”) (the Seller and the Consumer shall be referred to jointly as the “Parties”).

1.2. The Seller holds all rights to the Site’s domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Site and its contents.

1.3. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address info@wannabe-toys.com .

1.4. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.

1.5. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these general terms and conditions of sale shall be applicable but, in derogation of what foreseen by the same:

a) the withdrawal right referred to in article 11 shall not apply to the buyer;
b) the Product warranty referred to in article 9 shall not apply to the buyer;
c) no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention 1980 and, with respect to questions not covered by such Convention by the laws of Italy.

1.6. On submitting the order, the Consumer agrees that the confirmation of the order information and these general terms and conditions of sale shall be sent by e-mail to the address provided by the same during the Site registration or purchase process.

1.7. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.

1.8. The Consumer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.

2. Product features (geographical areas)

2.1. The products are sold by the Seller with the features described on the Site and in accordance with the general terms and conditions of sale published on the Site at the time of the order, excluding all other terms or conditions.

2.2. The Supplier reserves the right to amend all or part of these general terms and conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.

2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. The Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.

2.4 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 Countries listed on the Site.

3. Purchasing

3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.

3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.

3.3. The Consumer’s purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the e-mail will include the text of these general sales conditions, a summary of the order placed and a description of the product features. The Consumer’s order, the Seller’s order confirmation and the general terms and conditions of sale applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at info@wannabe-toys.com

3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.

4. Products

4.1. The Products displayed on the Site may only be purchased by selecting the desired Products and adding them to your virtual shopping cart. After selecting the Products, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited thereto: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will display a summary of the order to be processed, and may change the contents if desired: the Consumer shall be then required to carefully read and expressly approve the general terms and conditions of sale by ticking the relative check box, and confirm the order by pressing the “Place Order with obligation to pay” button; The Consumer will be prompted to confirm his/her order, which will be so finally sent to the Seller to the effects and purposes illustrated in article 3.2. of this contract. The Consumer will also be asked to select delivery option and a payment method from those available. If the Consumer selects immediate payment by credit card, Pay Pal or real-time bank transfer or other – if available – he/she will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.

5. Products delivery

5.1. Whilst the Site states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.

5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the consumer has chosen bank transfer as payment method, delivery time will run from the receipt of the bank transfer by the Seller.

5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”.

6. Prices, Shipping Costs, Customs Duties and Taxes

6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (if due and where applicable) and any indirect duties for EU shipments (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site.

6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.

6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the general terms and conditions of sale are the exclusive responsibility of the Consumer.

6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.

7. Payments

7.1. Payment for Products purchased on the Site shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that performance of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.

7.2. Payments for orders placed on the Site can be paid by credit card, or via PayPal or other, if available, on the conditions outlined below. The Seller may also accept other payment methods, as indicated in the specific payment section on the Site.

7.3. When payment is by credit card, the Consumer will be transferred to a secure site. The data provided will be sent securely using SSL (Secure Socket Layer) encrypted file transfer systems. Such data remain inaccessible even for the Seller.

7.4. Orders may be paid for by bank transfer to the Seller, where the Consumer shall use the “Swift” and IBAN codes indicated on the order confirmation, together with the order number.

7.5. The invoice/tax records relating to the purchase will be sent to the Consumer in electronic format, if required by law, to the e-mail address provided by the Purchaser during the registration process, if the products are to be delivered to a recipient in Italy, or attached to the purchased product in paper format, in all other cases.

8. Pre-orders

8.1 It is possible that some of the Products on Site may be pre-booked as the respective manufacturers only market and distribute a limited quantity of them.

8.2 In order to allow Consumers to book in advance products that may be sold out before their release, Wannabe allows users to pay a deposit or the full amount before the date of marketing of products marked “pre-order” in the description.

8.3 In consideration of the particular specificity of the items purchased in pre-order, it is possible that the reservation of the same may be bound only and exclusively to certain periods or that the price of the same may vary depending on the period in which the user will make the reservation. For these reasons, the Consumer, before making the pre-order, is required to check every detail of the reservation indicated in the advertisement, considering that there is the possibility of postponement of the pre-order and/or of the exit of the Product due to the manufacturer.

8.4 To make a pre-order, simply add a product marked “ADD TO CART” to the cart by selecting the payment option from those provided for and regulated above.

8.5 Depending on the type of object or on the basis of the agreements between the retailer and the manufacturer, it is possible that immediate and full payment of the price is required according to the amount indicated in the pre-order, continuing with the automatic checkout procedure.

8.3 In case the full and advance payment of the price is not required, it is possible to pay a simple deposit. The balance will be paid in the time and in the manner agreed upon.

8.6 In each specific case Wannabe will specify in the description of the item all the information related to pre-order and payment of the price of the goods, the user is required to check when the amount will be charged, reading all messages sent by customer service.

8.7 The Consumer will always be notified of the arrival of the Product in stock, and if regular with the payment, the Products will be shipped within three working days.

8.8 The user is given the right to cancel the pre-order previously made through a specific procedure, made available within the site menu marked “my orders”.

8.9 In case the Consumer cancels the pre-order the amount paid to Wannabe (total price or individual instalments) will be retained as compensation for damages by Wannabe.

9. Seller’s Legal Warranty

9.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (Consumer Protection Code ), provides Consumers with a legal warranty that the purchased Products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the manufacturer of the product, on the information leaflets, tags or labels.

9.2. The Consumer is required to report any defects and non-conformities of the products within and no later than 8 (eight) days of acknowledging the same at info@wannabe-toys.com, clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt. Failure to do so will invalidate this warranty.

9.3. On receiving the request and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order. The Products that the Seller has authorised to be returned shall be sent by the Consumer within 15 (fifteen) days from the date on which the defect or non-conformity was reported.

9.4. If the Seller is required to refund the Consumer for the price paid, the refund will be paid, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the same e-mail address info@wannabe-toys.com the bank details for the latter to be able to transfer the refund.

10. Defective Products Liability

10.1. The conditions foreseen by EC Directive 85/374/CEE and by Italian Legislative Decree N. 206/2005 – (Consumer Protection Code) are applicable to any damages caused by defective products. The Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, and shall refer the Consumer to the manufacturer of the product concerned.

11. Right of Withdrawal

11.1 The Consumer shall have the right to withdraw from any contract concluded pursuant to these Conditions of Sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or, (ii) if several products on one order are delivered separately, from the date the last product was received.

11.1 The right of withdrawal can be exercised only with the return of the Product sealed and intact in all its parts, without signs of any kind of use. For made-to-measure or customised products, no type of return procedure is possible.

11.2 If the Products are not returned or the return is not in accordance with what was received, or damaged goods, missing pieces or other damage that affects the merchantability of the product received, in accordance with European legislation, Wannabe reserves the right to refund the value depending on its loss of value.

11.3 To exercise a right of withdrawal, the Consumer shall notify Wannabe, before the deadline indicated in paragraph 11.1 above by sending a registered letter to the following address info@wannabe-toys.com or a certified email to the following address […], of his intention to exercise the right of withdrawal using the withdrawal form Enclosed.

11.4 On completing the requirements of paragraph 11.2 above, the Consumer will receive a withdrawal confirmation email, containing the instructions on how to return the Product.

11.5 If the Consumer has received the product, she/he is required to return it to Wannabe without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if you send back the goods before the period of 14 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer.

11.6 If you withdraw from this contract, Wannabe shall refund all payments received from you, there including the delivery costs (except for any supplementary costs incurred if you chose a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising your right of withdrawal. Such refunds shall be transferred using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred in connection with the different payment means chosen. We may withhold the refund until we receive the returned goods or until the Consumer provides evidence of the returned goods’ shipment, whichever is the earliest

11.7 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing product not sealed, signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original sealed packaging and packing and the original warranty, if any, the Consumer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.

12. Intellectual Property Rights

12.1 Access to and use of the Site, including the visualization of the Web pages, the possibility to download information on products and the purchase of the same through the Website, constitute voluntary activities of our users aimed exclusively at personal use unrelated to any commercial, entrepreneurial and professional activity. For these reasons, except for wilful misconduct or gross negligence on the part of Wannabe itself, the user shall be solely responsible for the use of the Site and its contents, which shall be in compliance with current Italian regulations.

12.2 The Site is intellectual property of Wannabe and everything contained in it, from images, sounds and software functions is protected by copyright and cannot be reproduced without the express written consent of Wannabe. The user has only the right to view the Site and its contents, making any temporary reproductions without economic value and aimed at the legitimate use of the Site itself, committing himself to respect any intellectual property claimed herein by Wannabe or third parties.

12.3 The Site may contain distinctive signs, trademarks, patents or logos of third parties, who are the legitimate owners of the respective registrations, which are also protected by current intellectual property laws. Any use of the trademarks owned by Wannabe or third parties is prohibited and entails serious criminal consequences, unless expressly authorized in writing by Wannabe itself or by the rightful owners.

13. No warranties and limitations of liability

13.1 On this Site (www.wannabe-toys.com), the information published is for general information purposes only. The material published on this Site may contain inaccuracies or spelling errors. Under no circumstances may Wannabe be held liable in any form whatsoever for any loss or damage caused by or resulting from users’ reliance on information obtained from or through the Site. The User must evaluate the information and various content on the Site. The Site, the information contained therein, and the material are subject to change, at any time, without prior or subsequent notice. No warranty of any kind, express or implied, with respect to the Site or the information, elements, software or materials contained therein, Wannabe’ offers, expressly disclaiming any liability with respect to the foregoing; consequently, Wannabe shall not be liable, for any reason, cause or title whatsoever, for any damages, of any kind and entity, direct or indirect, arising out of or in connection with the use, inability to use of the information, elements and materials contained on the Site,.

14 Liability

14.1 The user is solely responsible for the use of the Site and its contents; the liability of the Wannabe is excluded for any inefficiency and/or prejudice that may arise to the customer from causes not attributable to the same or, in any case, from delays due to malfunction, failure or irregular transmission of information or causes beyond its control including, without limitation, delays or line drops in the system, interruption in the operation or lack of connection to the Internet or interruption, suspension, malfunctioning of Internet access nodes, interruption, suspension or malfunctioning of electronic, postal or electricity supply service; by lockouts or strikes, including those of its own personnel, wherever they occur; by impediments or obstacles caused by legal provisions or acts of national or foreign authorities; by measures or acts of a judicial nature or acts of third parties; by other causes not attributable to Wannabe and in general by any impediment or hindrance.

15. Applicable law, settlements and jurisdiction

15.1. Any sales contracts signed between the Seller and the Consumer under these general sales conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, with Legislative Decree no. 206 dated September 6, 2005 of the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer’s country of residence.

15.2. The EU Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller’s email address to be reported to the European ODR Platform is as follows: info@wannabe-toys.com.

15.3. If no settlement attempt is made, as under section 15, or the attempt is not successful, the Court of Macerata (MC) Italy is assigned exclusive jurisdiction for all such disputes, except where this provision cannot be applied due to binding provisions in force in the Consumer’s country of residence.