1. OBJECT
1.1. These General Conditions of Sale (hereinafter, General Conditions) have as their object the regulation of the purchase of Products, carried out remotely, via computer network, from the Site www.nowarfactory.com (hereinafter, the Site).
1.2. The owner of the site is No War Factory s.r.l. (hereinafter, No War Factory) with registered office in Via Zanardelli 104, 55049 Viareggio (Lu) Italy, Tax Code / VAT number 02518750464.
2. Acceptance of the general conditions of sale
2.1. All purchases of Products made through the Site (hereinafter, the Purchase Agreements) by users who access it (hereinafter, the Customers) are governed by these General Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), section II Distance contracts (articles 50 - 67) and by the Italian rules on electronic commerce (Legislative Decree 70/2003).
2.2. With the conclusion of the Purchase Agreements, according to the procedure, the Customer accepts and undertakes to observe these General Conditions.
2.3. The Customer, therefore, is required to carefully read, before carrying out any purchase operation, these General Conditions that No War Factory makes available to him also in order to allow him to reproduce and store them in compliance with the provisions of art. 12, 3rd paragraph of Legislative Decree 70/2003.
2.4. No War Factory may modify, at any time and without notice, the content of the General Conditions. The General Conditions published on the Website at the time the Customer sends the purchase order will apply to each individual Purchase Agreement.
3. Products
3.1. www.nowarfactory.com (hereinafter "Site") is a telematic site for the sale of objects (hereinafter, "Products").
3.2. All the Products offered are illustrated in detail on the Site, within the respective sections, divided into Product categories.
3.3. The visual representation of the Products on the Site, where available, has an indicative value and normally corresponds to the photographic image of the Products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment, on the part of No War Factory, regarding the exact correspondence of the image depicted on the Site with the real Product; and this, with particular regard to its real dimensions and/or the chromatic aspects of the Products and/or packaging.
3.4. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Purchase procedure
4.1. The Customer can purchase the Products present in the No War Factory electronic catalogue, illustrated in detail on the Site within the respective sections by product category, as described in the relative information sheets contained on the Site, respecting the technical access procedures illustrated therein.< /span>
4.2. For the purchase of the Products, the Customer must register on the Site by entering his personal details, following the instructions provided by the registration program, and must complete and send to No War Factory the order form in electronic format available on the site, following the instructions therein. Purchase orders must be filled in exactly in their entirety. In the event that the customer does not want to register on the site, he will in any case be able to complete the purchase procedure, but will not be able to check the status of his orders and take advantage of discounts and promotions.
4.3. The Customer must insert the selected Products in the appropriate "Cart" and, after having chosen the courier and having viewed and accepted the contribution for the delivery costs, he can proceed with the purchase.
4.4. If the customer needs to modify the purchase order or to modify some data contained therein, he must follow the appropriate modification procedure contained on the Site. In particular the Cliententity will have the right to change the quantity of Products it intends to purchase, by adding or removing one or more Products from the Cart.
4.5. Once this operation has been completed, the Customer will see a screen containing the summary of the purchase order, including delivery costs, with a request for further confirmation of the purchase procedure.
4.6. After viewing the summary, the Customer will proceed with the payment, choosing between credit card and PayPal and will send the order by clicking on the appropriate button.
5. Conclusion of the contract
5.1. The publication of the Products displayed on the Site constitutes an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and implies complete knowledge and full acceptance of these General Conditions.
5.2. Each Purchase Contract stipulated between No War Factory and the Customer must be considered concluded with the sending by No War Factory of the order acceptance to the Customer's e-mail address. This confirmation message will indicate an "Order Number", to be used in any subsequent communication with No War Factory. In addition to the information required by law, the message will re-propose all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections. Possible increases in costs caused by errors in the data not reported in a timely manner will be the sole responsibility of the Customer.
5.3. Each order can be viewed by the Customer on the Site, in his personal area, if he is registered, or by contacting the No War Factory Customer Service, immediately after sending the order
5.4. It is possible that there may be occasional unavailability of the Products offered, in which case, if the Products chosen by the Customer are not, in whole or in part, available, the order will be sent with the products available after having sent notice to the Customer regarding the products not available.
5.5. No War Factory has the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind, in any capacity, including compensation, in case of non-acceptance of the order himself.
5.6. In particular, No War Factory reserves the right not to accept purchase proposals and to cancel orders that do not give sufficient guarantees of solvency or if - even following a comparison with the circuit that manages credit card payments - there are anomalies in the transactions and in the means of payment used by the Customer.
5.7. The Customer can check the content of the purchase contracts concluded at any time by accessing his personal area of the Website, if he is registered, or by contacting the No War Factory Customer Service. These data will be available for a period of 12 months from the delivery of the Products.
6. Product prices
All the prices of the Products are clearly indicated on the Site and are inclusive of VAT. Delivery costs are adequately highlighted at the time of the order. The cost of each shipment may vary according to the delivery and payment method as well as the destination and the total amount of the order.
7. Billing and Payment Methods
7.1. No War Factory issues an invoice for the purchased Products, when the Products are delivered to the courier for shipment, sending it by e-mail to the Customer. For the issuance of the invoice, the information provided by the Customer is valid. No changes to the data will be possible after the invoice has been issued.
7.2. As better detailed below in the relevant points, payments with PayPal will have an immediate debit when the Customer places the order. In this phase, No War Factory will also issue the invoice relating to the order.
7.3. Payment for the purchased Products is made with:
7.3.1 Credit card, through PayPal in the manner specified below:
PayPal, company of the eBay group, is a fast and safe payment system.
Once the order has been completed and the PayPal method has been chosen as the payment method, the buyer will be redirected to the PayPal site, where he can access to your account by entering your personal e-mail address and password.
After registering, you can proceed with payments via PayPal without having to re-enter your data, even for subsequent purchases.
By choosing to pay with PayPal, the amount is charged directly to the assigned credit card (Visa, Visa Electron, Mastercard) or prepaid card (PostePay). PayPal protects the buyer's information as no financial information is passed.
A confirmation email from PayPal will be sent to each transaction performed with this method.< br>In case of cancellation of the order, the amount will be refunded to the customer's PayPal account.
8. Delivery methods and costs
8.1. No War Factory undertakes to deliver the goods without undue delay and in any case no later than thirty days from the conclusion of the contract. The delivery of the Products will be made by courier, and the times will vary according to the destination. The terms indicated at the time of the purchase order are in any case indicative.
8.2. No War Factory delivers to all the countries indicated on the Site and the delivery will take place without an appointment.
8.3. No responsibility, for any reason, may be charged by the Customer to No War Factory in the event of a delay in order fulfillment or in the delivery of the Products covered by the Purchase Agreements.
8.4. The Products ordered will be sent to the postal address specified by the Customer. Upon delivery of the Products by No War Factory to the appointed courier, a shipment confirmation e-mail will be sent to the Customer.
8.5. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays, according to the methods indicated by the courier chosen by the Customer. Delivery is considered completed when the Product is made available to the Customer at the address specified in the order form. In the event of non-delivery due to the absence of the recipient at the specified address, the courier will send a warning email and will attempt a new delivery according to the methods pre-established by them.
In case of impossibility to carry out the new delivery due to the absence of the recipient, the Customer Service will attempt to contact the Customer to schedule a further delivery. In the event that the Customer Service fails to contact the Customer for the following 10 days or in the event of further impossibility of delivery due to the recipient's absence, the Products covered by the order will be returned to No War Factory.
After 30 (thirty) days from the date on which the Products covered by the order have been returned to No War Factory due to the impossibility of carrying out the delivery, the contract will be considered terminated and the order of purchase canceled pursuant to art. 1456 of the Civil Code. No War Factory will refund the amount paid by the Customer, net of the costs of returning the Products and the costs of storing them at the branch of the courier responsible for the delivery.
8.6. The termination of the contract and the refund amount will be communicated via e-mail. The refund amount will be credited to the payment method used by the Customer for the purchase. In the event that, before the thirty days have elapsed, the Customer requests to receive the purchased Products again, No War Factory will proceed with the new delivery after charging, in addition to the costs of the same, the costs of returning the Products to No War Factory and the custody fees.
8.7. Upon delivery of the Products by the courier appointed by No War Factory, the Customer is required to scrupulously check:
a) That the boxes are not damaged or otherwise altered (crushed, folded, wet, with torn adhesive tape, with courier tape, cut), which do not present suspicious noises inside (clear consequence of inadequate handling during transport)
b) That the number of pieces delivered corresponds to what is indicated in the transport document.
8.8. Any damage to the packaging and Pproducts or the mismatch in the number of pieces/packages or indications must be immediately contested by the Customer, who can contact No War Factory through Customer Service specifying the order for which such misunderstandings have occurred.
8.9. Cases of force majeure, unavailability of means of transport, as well as unpredictable or inevitable events that cause a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery charged to No War Factory, will entitle the same to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In such cases, No War Factory will take care of providing timely and adequate communication of its determinations to the e-mail address indicated by the Customer and the latter will be entitled to a refund of any price already paid, excluding any further claim, for any reason, in the comparisons to No War Factory.
9. Discount Coupons – Promotions
9.1. Any discount vouchers or promotional codes may be entered when the Customer completes the purchase order. The system will update the total amount of the order net of the value of the voucher.
9.2. The discount voucher may be combined with other commercial initiatives only in the cases in which it will be expressly indicated.
10. Right of withdrawal and its effects
10.1 The Customer has the right to withdraw from the contract, without giving reasons, within 14 days. (withdrawal period).
10.2 The withdrawal period expires (i) after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the latter, acquires physical possession of the goods, or (ii) in the case of a contract relating to multiple goods ordered in a single order and delivered separately, from the day on which the Customer or a third party, other than the carrier and designated by the latter, acquires physical possession of the last good.
10.3. To exercise the right of withdrawal, the Customer is required to inform No War Factory of his decision to withdraw from the contract through an explicit declaration (for example a letter sent by post, fax or e-mail).
10.4. To meet the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
10.5. If the Customer withdraws from this contract, all payments made to No War Factory will be refunded, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of delivery standard offered), without undue delay and in any case no later than 14 days from the day on which No War Factory will be informed of the decision to withdraw from this contract. These refunds will be made using the same means of payment used by the Customer for the initial transaction, unless expressly agreed otherwise; in any case, the Customer will not have to incur any costs as a result of such reimbursement. The refund may be suspended until receipt of the goods or until the consumer demonstrates that he has sent the goods back, whichever is the earlier.
10.6. The substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal. The Customer is required to return the goods or deliver them to No War Factory, at No War Factory s.r.l. (hereinafter, No War Factory) with registered office in Via Zanardelli 104, 55049 Viareggio (Lu), without undue delay and in any case within 14 days from the day on which you communicate your withdrawal from this contract. In view of the fragility of the product, it must be returned in the same condition in which it was received; the product must be placed in its original shaped packaging, complete with all its accessories, then placed in its original packaging and then in the same box suitable for shipments with which it was received or similar.
The deadline is respected if the Customer returns the goods before the expiry of the 14 day period. The direct costs of returning the goods will be borne by the Customer. The Customer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than qthat necessary to establish the nature, characteristics and functioning of the goods.
10.7. In any case, the Customer cannot exercise the right of withdrawal in the case of sealed goods that do not lend themselves to being returned for hygienic or health protection reasons and have been opened after delivery.
11. Non-conformity of products and defective products
11.1. The Products offered on the Site comply with national and community legislation. The images and colors of the Products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used to display them.
11.2. In the event of a lack of conformity of the Products purchased with respect to the description published on the Site and in the event of a faulty or defective Product, the Customer has the right to immediate reimbursement of the non-compliant goods, by sending photographs by email to info@nowarfactory.com that highlight the damage or non-conformity of the Product.
11.3. Communication from the No War Factory staff will follow with an indication of the refund method which could take place, at the Customer's discretion, also through discount coupons on the next purchase higher than the value of the goods to be refunded, excluding any further liability of No War Factory , in any capacity.
11.4. In any case, the provisions regarding the legal guarantee of conformity of the goods, provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) are reserved
12. Processing of personal data
Customer data is processed by No War Factory in compliance with the provisions of current legislation on the protection of personal data, as specified in the disclosure in the section specifically dedicated, called "Privacy Policy".
13. Communications and Complaints
All communications or any complaints from the Customer towards No War Factory in relation to the Purchase Agreements must be communicated through the appropriate tools present in the Site.
14. Intellectual Property Rights
All trademarks (registered and unregistered), as well as any and all intellectual property, distinctive sign or name, image, photograph, written or graphic text and more in general, any other intangible asset protected by the laws and international conventions on intellectual property and industrial property, reproduced on the Site remain the exclusive property of No War Factory and/or its assignors, without access to the Site and/or or from the stipulation of the Purchase Contracts the Customer derives any right on the same. Any use, even if only partial, of the same is prohibited without the prior written authorization of No War Factory, in favor of which all related rights are exclusively reserved.
15. Applicable Law and Jurisdiction
15.1 These General Conditions and each and every contract stipulated with the Customer are governed by Italian law, without prejudice to the application of Community legislation and international treaties, when are applicable, as well as national consumer protection legislation.
15.2 For any dispute relating to the interpretation, execution, validity or efficacy of these General Conditions and of any contract stipulated with the Customers, the Forum of Lucca.
