Terms and Conditions
The following Terms and Conditions are applicable to the use of the website and to the conditions regarding the sale of products available on it. Access to the listings entails a full acceptance, no exceptions made, of the conditions that are published when access is made to the website.
Art. 1. – The company
Rise S.r.l. (the “Company” from here on) is an Italian limited company with registered office in Milan, Via V. Monti, 41, 20123 Milano (MI), P.I. 10487210964 – Rea Number 2535614, pec address: [email protected]
Art. 2.- Anyone wanting to access the website owned by the Company and named www.amaweed.com will be considered a user, who by accepting the General Terms and Conditions for use and sales, accepts the registration of his/her data by the Company, therefore earning the title of “Client”.
Art. 3.- Subject.
The following terms and conditions define the rights and obligations for all parties involved in the sales process on the website www.amaweed.com.
By completing an order the Client declares: (i) to be at least 18 years old; (ii) to be legally able to contract; (iii) to be the owner or to rightfully have access to the email address provided; (iv) to be the owner or legally have access to a credit card or to the payment method used for the transactions.
Art. 4.- Sales model.
The Company only acts as an intermediary between the Client and the producer or supplier (the Supplier from here on) for goods and products ( the Products from here on) shown on the website, therefore the sale contract is between the Client and the Supplier chosen for each transaction, based on the terms and conditions that follow.
Based on the types of products some sales might be subject to specific terms and conditions along with the ones listed here. When such specific conditions are applied they will be visible in the description of the product.
This means that the Client will have to read both the general and the specific terms and conditions which will be automatically accepted when a product is purchased.
Art. 5.- Information about the Products.
The information about each Product has been provided by the Supplier to the Company, therefore the latter declines any responsibility in case the Product should not turn out to be exactly as described on the website.
Any photograph, graphic representation, video, logo or any other distinctive sign of any form present on the website only has the purpose of providing as much information as possible to the Client.
Due to the digital presentation of the Products, the perception of the Client might not exactly match how such Products are in real life.
Art. 6.- Purchase of a Product.
The Client guarantees to have the ability to use a credit or debit card and a bank account for the payment of the Products ordered and that such means of payment have sufficient funds to cover all of the costs derived from using the services provided by the Company through the website.
By clicking on the “Place Order” button, at the end of the sales process the Client will confirm such order and will automatically declare to have read and accepted without exceptions all the Terms and Conditions; the order will be considered as accepted once the due amount has been paid.
The Client will receive notice by email of the successful acceptance of each order and in the same communication he will receive the description of the Products, the quantity ordered and the amount paid, along with any other relevant information about the Order.
The final price, including VAT, will be shown on the page of the product and the shipping costs will be clearly shown before the Client confirms the order by clicking “Place Order”. Once the order has been confirmed, the amount due, shipping costs and other relevant information will be available in the “Orders” section of the Client’s account and in the confirmation email of such order.
Not following the obligations set forth by these general terms and conditions, even if only partially, especially with regards to the payment of the due amount, might result in the inability to complete any future orders on the website of the Company.
Art. 7.- Product Description and Information.
The information and description of each product is provided by the relevant Supplier and the Company will do its best in order to make the description, the pictures and/or the graphic representations as accurate as possible.
Should the product not match the technical description, as defined by the code of consumer rights, the Client will be able to ask the Company:
- the delivery of a good with the same technical qualities found in the description of the original Product, compatibly with the available stock of the Supplier; or
- the delivery of a good with the same price and quality of the original Product, always compatibly with the available stock of the Supplier; or
- a full refund worth the value of the Product.
Art. 8.- Product Availability.
In case a Product is partially or totally unavailable after an order has been confirmed, the Company will warn the Client by email that the order has been cancelled or will only be delivered partially. Should a Product that has been ordered turn out to be unavailable the Client can ask for:
- the delivery of a Product with the same price and quality, compatibly with the available stock of the Supplier;
- a full refund worth the value of the Product that was not delivered, within the 30 days after the order was requested by the Client.
In such case the shipping costs for a new Product will be covered by the Company.
Art. 9.- Right of Withdrawal.
All products have a money-back guarantee that a Client can claim within 14 days of the Product being delivered.
As stated by article 59 of the Consumer Code, the right of withdrawal cannot be applied to certain products and if applicable it will be written in the details of the Product. Especially for:
- the supply of goods that have been tailor packaged or personalized, or which due to their nature can quickly deteriorate or become altered;
- the supply of sealed goods that cannot be returned for reasons tied to hygiene or health, which have been opened after the delivery.
In case a Client whishes to exercise his right of withdrawal he must notify the Supplier through written communication by using the appropriate form on the website. Once logged in with the personal profile the Client must use the “Contact the Supplier” button which can be found in the “Orders” section.
In the message the Client must provide all the necessary data relative to the order. The shipping costs and the logistics necessary to return the goods will be a sole responsibility of the Client.
The address of each Supplier can be found on their profile of the website www.amaweed.com and all the goods must be shipped to that address within fourteen (14) days of the Client’s request being transmitted. This means that the goods must have been at least handed to the courier within that time limit for the terms to be respected. Once the Supplier confirms having received the goods and that everything is still in the proper condition, the Company will fully refund the Client within fourteen days of such communication.
The Client will receive a full refund for the amount paid to the Company including the shipping costs, with the exception of extra costs that might be due to the Client’s requests during the ordering phase.
The Client will receive the refund on the same instrument that was used to pay the goods in the first place, unless the payments were made through a cryptocurrency, in which case they will be reimbursed with discount vouchers of equal value or unless otherwise agreed between the parties.
Art. 10.- Product Returns by the Client.
If the Client wants to get the benefits of the previous art. 7 and 9) the Client must send back the Product to the Supplier within fourteen (14) days since it was delivered.
The Product must be returned:
- correctly packaged in its original packaging, in perfect conditions as good as new with all its possible accessories, instructions and documentations;
- with all relevant receipts, invoices or fiscal documentation that the Company and/or the Supplier had sent with it;
- with no signs of use beyond that of a first try, meaning with no signs of prolonged use over a period of time that would go beyond that of a first try and in a condition that would allow for the Product to be sold again as new.
Art. 11.- Payment.
The payment for the purchased Products is made on the day of the order with credit cards accepted by PayPal or directly through PayPal, WeldPay, Satispay, wire transfer or any other payment method accepted by the Company.
In order to guarantee safe payments through the Website and avoiding possible frauds, the Company holds the right to ask the Client to provide a scan (front and back) of their I.D. or the I.D. of the owner of the credit card if they are two different entities. This request will be sent by e-mail at the address that the Client used to register on the website and the I.D. provided cannot be expired. In the e-mail the Company will specify a time limit for the submission of the document and this time limit will never be beyond 5 working days from the moment the Client submitted the payment. Until the documents are received by the Company, the relevant order will be put on hold. The user must provide the documents within the time limit set by the Company.
If the Company does not receive the documents within the time limit set in the request e-mail, or if the documents are expired or invalid, the contract will automatically result as cancelled and therefore the order will also result as cancelled, unless the right of the Supplier to make damage claims tied to the misbehavior of the user. The user will receive an e-mail notifying him of the contract being cancelled within 5 working days after the document submission time limit and any amounts that were wrongfully paid will be refunded. If valid documents are received by the Company within the time limit, the terms for the delivery of the order will be applicable starting from the day that the documents have been received.
Art. 12.- Delivery.
The Product will be shipped to the address that the Client provided during the process of creation of the order, which amongst others can be the home address, place of work, etc. The cost of shipping will be clearly specified and it will include VAT when necessary. The invoice of the order must be requested when completing the order and it will become available in the “Orders” section of the user’s profile.
Orders can be delivered to all the locations chosen by the Supplier, as will be shown in the description of each Product. The conditions for the delivery are the ones given by the courier.
The delivery time for the Products can be no longer than 14 working days starting from the date of the Order, unless differently stated to the Client before the order is completed and accepted. In this case the Company will show the Client the different terms for the delivery by clearly stating it in the check-out phase of the purchase, before the payment can be made.
The conditions of the delivery will also be specified in the confirmation message of the order.
If the Product is not delivered or it is delivered later than what was stated during the order phase or in the confirmation messages of the order, the user can request for the Supplier to deliver the Products within an extra amount of time which must be reasonable based on the circumstances. If this extra period of time expires and the Products have not been delivered, the user has the right to cancel the sales contract. The user is not obliged to concede the extra time period of the delivery to the Supplier if:
- a) the Supplier explicitly refused to deliver the Products;
- b) respecting the terms for the delivery shown during the order procedure and in the confirmation must be considered essential, keeping in mind all the circumstances that have brought to the finalization of the contract;
- c) the user informed the Supplier, prior to finalizing the contract, that the delivery within a certain date is essential. In the excluded cases, if the user does not receive the Products within the stated times during the order phase and in the confirmation messages, he has the right to immediately cancel the contract.
Rise S.r.l. will not be held responsible for the missed or late delivery due to force majeure, such as – for example strikes, Public Authority measures, energy or prime resource shortages, transportation difficulties, fires, floods and damages to industrial machinery not owned or controlled by the Company. Rise S.r.l. will communicate as quickly as possible to the Client the presence or impact of any force majeure. Should the disabling circumstances take place for more than thirty (30) days, each party will have the right to cancel the sales contract. If in these conditions a contract is cancelled, the Client will not have the right to ask for any extra payments for damages or inconveniences, only having the right to ask for the refund of any sums that were already paid for the Products in the Order, within 30 days from making the Order.
The Client will be notified by e-mail if the Order can only be delivered partially and, in that case the Company will refund the amount relevant to the Products that were not delivered.
The delivery must be considered complete from the moment that the Product is made available to the Client by the courier. The status of the delivery can be monitored from the profile of the user on the website, in the “Orders” section.
The Client must check the Products when they are delivered and immediately communicate any reasonable complaints or even refuse the goods if there is reason to believe that the package was opened or if it has evident signs of deterioration. Such complaints must be clearly stated on the shipping papers and communicated to the Supplier through the website in the “Orders” section of the user’s profile, by clicking on the “Contact the Supplier” button for the relevant order, within 24 hours of the working day following the day of delivery.
In case the products could not be delivered, they will be held in storage for a maximum of three working days, after which they will be shipped back to the sender. The Supplier will warn the Client about the products being in storage by writing to the email provided, with the intent of arranging a new delivery. The Supplier will not be responsible for extra storage fees or return shipping fees, which will be a sole responsibility of the Client. For these matters, it is important that the Client specifies all the necessary information during the payment phase in order to avoid any unnecessary costs.
Art. 13.- Warranty.
If the delivered Product does not correspond with the one ordered or it is severely flawed, once it has been properly verified, the Company will do its best to refund the Client the amount paid for the Product, or if the Client chooses to, have the Supplier deliver a Product identical to the one ordered as long as stocks allow it, or to have the Supplier deliver a Product of equal value to the original one ordered, always according to the availability in stock.
To ask for one of these resolutions the Client must do so by contacting the Supplier through the website in the “Orders” and clicking on the “Contact the Supplier” button for the relevant order. Some Products might have a warranty that will be shown in the description of the Product when it is purchased, which includes all possible warranties applicable to that Product without the Client being able to ask for any additional ones.
The Client loses any right of warranty on the product in case of; maintenance, manipulation, inappropriate use of the Product performed by the Client or by any other entity that has not been authorized by the Supplier.
Art. 14.- Changes of the terms and conditions for use and sales.
The Company holds the right to modify at any moment and without warning the setup and content of the website and of the General Terms and Conditions, which can be reached by the Terms and Conditions link found in the footer of every page.
If a Client does not want to accept the new General Terms and Conditions they can inform the Company by sending an e-mail to [email protected] and from the moment the e-mail is received they will no longer be considered as a Client.
Art. 15.- Personal data.
To read all the information regarding the use of personal data, the user can visit the following page www.amaweed.com/privacy
Art. 16.- Miscellaneous.
In case any part of the current General Terms and Conditions could be considered null or invalid, the current General Terms and Conditions are to be considered valid in all the other remaining parts.
Art. 17.- Applicable law, mediation and jurisdiction.
These General Terms and Conditions are legislated by Italian law should therefore be interpreted according to it.
Should any controversy arise the Client must first negotiate a friendly solution directly with Rise S.r.l.
If no agreement is reached, before initiating any legal trial, the Parties must first initiate a mediation procedure through the relevant entities as prescribed by local legislation.
For all cases where it is not possible, ex lege, to claim an obligatory jurisdiction, the Milan Tribunal will be used as such.