TERMS AND CONDITIONS
The general terms and conditions shown here (hereinafter: "T&C") apply to all orders and purchases of clothing products and accessories (hereinafter: "Products") on the website www.smooderbrand.com (hereinafter: "Website") managed by Weby srl , company based in Viale Giulio Cesare 47, 00192 Roma, Italy (hereafter "Weby") by people residing in countries where the Website is or will be active (hereafter: "Customer" ).
The Customer is required to read the T&C carefully before making any purchase order. By accepting the T&C and sending an order, the Customer declares: 1- to have read, understood and accepted the T&C in full and without reservation; 2- to authorize Weby to store, process, use and transfer to third parties and / or abroad the (personal) data contained in the order for the purpose of carrying out the same. Weby does its best to ensure that the information contained on the Website is accurate and up to date. However, no guarantees can be offered. The Customer acknowledges and accepts that the Products may not fully comply with the indications, specifications and / or photographs on the Website.
The sales contract between Weby and the Customer is to be considered completed with the sending to the Customer, to the e-mail address indicated by the latter with the purchase order, of the written confirmation of the shipment. Weby will consider any requests for cancellation of the order received before shipping the Products to the Customer. In the event that a specific Product in the Customer's order is no longer available, Weby will have no obligation to supply the Product in question, but will only be required to promptly inform the Customer of this circumstance. If only part of the Products indicated in the order are available, Weby will contact the Customer to ask him if he intends to cancel the order or is willing to receive only the Products available; in this case, the Customer will only be charged the amount relating to the Products he will receive. Weby reserves the right to reduce, in its free discretion, the quantity of Products that can be purchased on the Website.
All prices of the items on sale are VAT included. Shipping and delivery costs may vary depending on the country and will be charged to the Customer at the time of shipment of the Products ordered, based on the shipping rates in force indicated in the relevant section of the Website.
The delivery of the Products will be made to the delivery address indicated by the Customer in the order. In principle, the Products will be delivered in 2-3 working days and in any case never more than 30 (thirty) days from the order confirmation by Weby, it being understood that delivery times may vary depending on the country of destination. In the event that the delivery is delayed for reasons not attributable to Weby, the Customer will be notified, as far as possible, of the new delivery date.Weby reserves the right to refuse, suspend or cancel, in its free discretion, the delivery or the fulfillment of any of the obligations deriving from the sales contract, in the event of alleged fraud, default or violation by the Customer of obligations undertaken towards Weby with previous orders and / or sales contracts. If the Products ordered require the crossing of customs (based on the country of destination) and the Customer decides not to receive the order once it has arrived at customs, Weby will not grant a refund for the goods which will be abandoned on site.
RIGHT OF WITHDRAWAL
The Customer has the right to return the Products purchased on www.smooderbrand.com, without being charged any penalty and without being required to give reasons, within fourteen (14) calendar days from the day of receipt by the Customer of the Products in question, respectively within the term provided by the mandatory rules applicable in the country where the Customer resides, if this is longer. With the receipt of the Products by Weby, the sales contract will be considered canceled in all respects and all the related obligations, rights or claims will lapse, it being understood that if the Products returned to Weby are damaged, Weby will have the right to compensate such damage with the payment of the Products already made by the Customer. In addition to the above, the right of withdrawal is subject to the following conditions:
- Within fourteen (14) calendar days from the date of receipt of the Products by the Customer, the Customer may request authorization to proceed with the return directly through the site, in the specific "Returns" section.
- After receiving the return authorization, the Products must be sent back to Weby, at the risk and expense of the customer (unless otherwise agreed between Weby and the Customer), with a single delivery by courier or post within 5 (five) days. from the date of receipt of the authorization, to the following address: Weby srl - Viale Leonardo Da Vinci, 1 - 01021 Acquapendente (VT) - Italy. It is required to indicate visibly on the return package both the Weby recipient and the name of the Customer, in order to avoid loss; in case of non-delivery of the returned package, Weby will ask the customer for proof of delivery, or the coupon bearing the signature of the person who received the returned package. If the customer does not provide proof of delivery, Weby will not be able to issue a refund.
- The Product that is returned must not have been used, consumed, or damaged.
- The identification tag of the Product must still be attached to it.
- The Product must be returned including all original labels, packaging and accessories (dustbags, hangers, clothes covers etc.) received together with the order. All footwear and accessories must be returned together with their original box, which is considered in all respects an integral part of the product itself and which must not have been damaged and / or altered in any way, nor used as a single external packaging. As soon as it is able to confirm that the envisaged conditions have been met, Weby will send the Customer an email confirming acceptance of the return and will start the refund procedure for the amount paid for the Products returned within the following 3 (three) days, regardless of the payment method previously adopted by the Customer. The reimbursement of the amounts paid by the customer will always be made exclusively in favor of the customer who made the payment. The repayment credit times may vary according to the chosen method. Weby is not responsible for any delays in crediting, where the refund is handled by third parties (such as, for example, PayPal). In the event that the above conditions have not been respected, the Customer will not be entitled to a refund of the amount paid to Weby. However, the Customer will only have the right to collect the Products returned by courier, at his own risk and expense. If the Customer does not request to return the Products returned within thirty (30) days from the relative communication by Weby, Weby will have the right to keep them together with the amount received in relation to the transaction.
WARRANTY AND LIMITATION OF LIABILITY
Weby's warranty is limited to any manifest defects of the Products - excluding, without limitation, any implied warranty regarding the quality and suitability for the purpose for the Customer - for a period of 2 (two) years from the delivery of the Products. warranty only gives the right to obtain a refund of the amount paid for the defective Products, provided that the defect is communicated to Weby within 2 (two) months from when it was found. In addition to the above, the right to a refund is subject to the following conditions, under penalty of forfeiture of the guarantee: - Before returning the defective Products back to Weby, the Customer must request authorization to proceed with the return directly through the site , through the appropriate section "Contact Us". - Defective Products will be collected by Weby, at its own expense. Once the Product has been received and its defect ascertained, Weby will send the Customer an email confirming the acceptance of the return and will start the refund procedure in favor of the Customer of the price paid for the defective Product. The reimbursement of the amounts paid by the Customer will always be made exclusively in favor of the Customer who made the payment. Without prejudice to the above warranty, Weby excludes any and all liability (contractual or non-contractual) towards the Customer, within the limits of the applicable mandatory rules. The maximum overall liability limit charged to Weby cannot in any case exceed the amount paid by the Customer for the purchase of the Product.
In the event that one or more provisions of these T&C should be null, voidable, illegal or ineffective, this will not result in the total ineffectiveness of the T&C. The provision in question will be replaced by a similar valid provision that takes due account of the intention and content of the same, in compliance with and in accordance with current regulations.