- On-Line Contract of Sale
- Site ownership and registered trademark
- Terms and Conditions of Purchase
- Conclusion of the Contract
- Obligations for the Customer
- Method of Payment and Refunds
- Delivery and Shipping Costs
- Shipping Insurance and Liability
- Prices and Currency
- Product measurements and details
- Right to Rescission
- Returns for Exchange
- Warranties and Assistance
- Liability for Defective Products, Proof of Loss and Admissible Damages
- Communications and Complaints
- Protection of Personal Data
- Place of Jurisdiction and Applicable Law
- Effect of the Contract
The company known as FUTURA SRL CON SOCIO UNICO, in the person of its legal representative Monica Tironi, having its REGISTERED OFFICE in Bergamo, Italy, at Via Daniele Piccinini 2, postcode 24122, and its OPERATING SITE in Verona, Italy, at Via Carlo del Prete 2C, postcode 37138,
VAT n° 03839180167 - Economic and Administrative List (REA) n°: BG-412637 and VR_394669, Share capital 10.000 €
manages his on-line store through the www.wavefutura.com website (hereinafter referred to as the "website").
FUTURA Srl is the owner of the registered trademark WAVE Futura - Beyond Clothing.
All orders placed using our website, together with all supplies and services provided, are governed exclusively by the current version of these terms and conditions of sale at the moment of placing an order.
Any special conditions requested by Customers will only be valid if we have agreed to them in writing.
1) On-Line Contract of Sale
The “On-Line Contract of Sale” is the sale and purchase contract entered into by the Vendor and the Customer and concerns the products offered by the Vendor through this e-commerce website.
Vendor:this is the subject who sells the products, namely Futura Srl as defined above, hereinafter also referred to by its brand name WAVE Futura.
Customer: this is the end consumer, the physical person who purchases items for his/her own use not linked to any business, commercial, manufacturing/craft or professional activity. Customers who purchase without creating a personal account are called:Guests.
The supply of uniforms and customised clothing for companies offered through this website presupposes direct contact with Futura Srl. In other words, not on-line, but following the normal offer procedure, involving acceptance of conditions agreed by the parties on a case-to-case basis.
2) Site ownership and registered trademark
The wavefutura.com website and all its contents are owned by Futura Srl; this includes documentation, images, fonts, design, music, software, codes and format scripts. The material contained on the website is protected by copyright.
Any reproduction, alteration, transmission, publication or redistribution to third parties, for commercial purposes, is strictly prohibited unless formally authorized by Futura Srl.
The registered trademark Wave Futura - Beyond Clothing® is owned by Futura Srl and its use is prohibited in any way and for any purpose.
3) Terms and Conditions of Purchase
Only adults (aged 18+) may make on-line purchases through the wavefutura.com website. They may operate as Guests, providing email address and shipping address, or as Customers, after entering a personal customer code and password.
Customers must not enter incorrect data and must only enter their own personal data. Multiple registered accounts for the same person are not permitted. WAVE Futura cannot be held liable for any harm or loss arising from the issue of incorrect tax documents as the result of incorrect data.
The Customer has sole responsibility for keeping his/her password safe and its use.
4) Conclusion of the Contract
The contract for the purchase of the products offered through the WAVE Futura website is concluded on-line between the Vendor and the Customer by following the proposed registration/purchase procedure provided through this website.
The contract is concluded once a Customer has selected the means of payment and sent the on-line purchase order. Customers are informed about the possible means of payment and the fact that immediate payment is required upon sending the order. Before sending the order, Customers are given the chance to edit their data.
The data entered when placing an order are stored and Customers can view these and print out a web page containing all their data, plus a summary and confirmation of their order. Confirmation is also sent via email.
The Vendor issues a paper invoice and adds this to the parcel containing the ordered items at the moment of shipment.
5) Obligations for the Customer
When making purchases on-line through the WAVE Futura website, Customers undertake to read the general terms and conditions of sale and the specific product specifications. Every aspect of the purchase procedure, as well as those for delivery, rescission and return, shall be in compliance with the contents herein.
In order to place orders through the WAVE Futura website, Customers must:
- be the end customer, namely a physical person who makes the purchase for purposes other than the resale of the purchased goods.
- meet the requirements for entering into a legally binding contract - have a valid email address.
- have a valid credit card in order to effect payment by credit card (Visa or MasterCard), a verified PayPal account or a bank account.
6) Method of Payment and Refunds
Products can be paid for using any of the major credit cards (Mastercard / Visa), via bank transfer or PayPal as provided and managed by the NEXI portal.
All transactions are processed via a secure server, using encoded systems, to guarantee maximum data security for Customers.
In order to guarantee greater security when making e-commerce purchases, we recommend that Customers use Verified By Visa or Mastercard Securecode services which require them to enter an additional security PIN for their own peace of mind.
Further details can be obtained from www.nexi.it.
The transaction is immediately processed if there is sufficient credit available and the bank details are valid.
On sending their on-line order, Customers wishing to pay by bank transfer will automatically receive an email containing Futura Srl's bank details. The goods are reserved, awaiting receipt of the bank transfer. Any bank charges shall be borne by the Customer.
WAVEFUTURA will cancel the order if proof of payment is not received.
Upon selecting the PAYPAL payment option, Customers effect immediate payment using their own PayPal account.
If the conditions are met, Customer Refunds will be processed within 14 days from the date on which the Vendor became aware of the reason giving rise to the right to a refund and only after receiving the returned goods.
Refunds are paid using the same means of payment as used by the Customer when ordering the goods:
- 1) Reversal of the payment via credit card or Paypal
- 2) Via bank transfer to the same bank account used to effect payment.
7) Delivery and Shipping Costs
WAVE WAVEFUTURA uses courier services provided by UPS to ship and deliver its products.
The expected delivery times vary according to the geographical areas and they vary from 1 to a maximum of 7 working days from conclusion of the order and receipt of payment. It is understood that delivery times may vary as the result of factors beyond the control of WAVE Futura.
Shipping costs are calculated based on the delivery address indicated, and are shown in the shopping cart, before the conclusion of the Order. They are then registered in the payment receipt.
Shipping rates and Delivery time:
|destination||fee||UPS service||delivery time|
|Italy||€ 7,00||STANDARD||1-2 days|
|European Union (EU)||€ 13,00||STANDARD||1-5 days|
|Switzerland and United Kingdom||€ 15,00||SAVER||2-3 working days|
|USA and Canada||€ 25,00||SAVER||2-3 working days|
|Extra UE Countries||€ 40,00||SAVER||2-3 working days|
Orders can be tracked. As soon as an order is shipped, Customers receive an email containing the ID number needed to track their order (one or two hours after placing the order).
WAVE Futura uses the DDP (Delivery Duty Paid) formula for its shipments within the EU, meaning that Customers in EU countries are not liable to any extra costs on top of the price paid when placing an order.
The DDU (Delivery Duty Unpaid) formula is used for all other countries, meaning that the courier will hand the Customer a separate bill on delivery of the goods covering customs duty and local authority taxes.
8) Shipping Insurance and Liability
WAVE Futura is responsible for its shipments until their final delivery to the Customer. In any case, on delivery Customers get hold of these assets and the risk of loss or damage is up to them.
So they are expected to check:
- that the products in the parcel matches that indicated on the courier's delivery note;
- that the product and packaging are sound, not damaged, damp or tampered with.
If there is any reason to suggest that the parcel has been tampered with, Customers are asked either to sign the delivery note "with reservation" or to refuse delivery. If the parcel has been delivered, but accepted by someone other than the intended recipient, or the parcel has obviously been tampered with, Customers are asked to report this to the courier and to contact us at email@example.com
9) Prices and Currency
All prices, payments and sales invoices are expressed in EURO (€).
All prices, payments and sales invoices are expressed in EURO (€). The sale prices are clearly indicated on our website and are inclusive of VAT. The sale prices in the chart, don't include VAT in the case of deliveries outside the EU; local tax and duty must be paid to the courier on delivery.
The price quoted for each product is valid up until the moment that the order is sent; it is also indicated in the order summary.
Prices may be subject to change at any time where justified by the Supplier, it being understood that the valid price for each purchase - and therefore binding on the Customer - is that shown immediately before confirmation of order.
10) Product measurements and details
The website provides images and a detailed description of each product for sale, plus a table letting Customers select the right size. The images shown refer to real, existing products.
These contacts are widely visible and available on the Site.
WAVE Futura will promptly inform Customers if, due to unforeseeable reasons, an item is unavailable or the order cannot be processed as requested. Customers will be told when the selected product is likely to become available again and asked whether or not they wish to confirm or cancel the order.
WAVE Futura cannot be held liable for any chance that the colors of the products shown on the website differ slightly from the actual items due to the way the device/computer used by the Customer has been set up or it’s malfunctioning.
The images on the website are the property of Futura Srl. Anyone using these images without our written authorization shall be prosecuted according to law.
12) Right to Rescission
Customers have the right to rescind from the contract, as per Italian Legislative Decree n° 21 dated 21/02/2014, within 14 (fourteen) days from the day on which they gain possession of the purchased products and justification is not due. Customers must realise that this right to rescission cannot be exercised in the case of bespoke and/or customised products.
In order to rescind from the purchase contract, Customers may comunicate their intention sanding an email to firstname.lastname@example.org or in any different way. In the "RETURNS" section of this website, operative details are specificated.
Effects of Rescission
Should a Customer decide to rescind from the contract, all payments made to the Vendor will be refunded, including shipping costs, without undue delay and, in any case, no later than 14 (fourteen) days from that on which Futura Srl has been informed of the Customer's decision.
Said refund shall be effected using the same means of payment as used for the initial transaction, unless expressly agreed otherwise; the Customer shall not, in any case, be expected to bear any costs linked to the refund.
Customers are expected to bear the direct costs of returning the goods.
Customers are given the chance to return the goods free of charge by using the Futura Srl courier; the cost of returning goods in this way will be deducted from the amount refunded.
In the case of orders paid by credit card, the refunded amount will be credited to the Customer's account after roughly 10 (ten) days, depending on the actual credit card bank circuit, and will appear on the Customer's next credit card balance.
In the case of orders paid via PayPal or bank transfer, the refunded sum will be credited to the original account.
Refunds are paid in the original currency used for the purchase. Any differences due to fluctuations in the exchange rate cannot be refunded.
Refunds will be made upon receipt of the returned goods and control of their integrity.
Customers should return goods to FUTURA SRL at its Operating Site: Via Carlo del Prete 2C, 37138 VERONA, ITALY, without undue delay and, in any case, within 14 (fourteen) days from informing us of their intention to rescind from this contract. This deadline is respected if Customers send the goods before the end of the 14-day period.
Customers are only liable for any reduction in the value of the goods due to handling the goods in any manner other than that necessary to establish their nature, characteristics and functioning. In other words, all goods should be returned without having been worn apart from trying them on, must not be washed or altered and must not show signs of having been used.
Every item must be returned complete with all labels and the original packaging accompanying the order and placed back in the WAVE Futura box.
13) Returns for Exchange
Customers may change the products they have purchased for the same item in a different size or color, if foreseen or for an item of equal value. The new item will be sent as soon as WAVE Futura receives the returned one and verifies its integrity.
The goods should be returned without having been worn apart from trying them on, must not be washed or altered and must not show signs of having been used.
The "RETURNS" section of the website provides details of how goods should be returned.
The cost of returning goods for exchange, for European Union Customers, are borne by WAVE Futura, as specified in the relevant section of the website, provided that the procedure is followed as indicated.
Every item must be returned complete with all labels and the original packaging accompanying the order and placed back in the WAVE Futura box.
Futura Srl cannot be expected to bear the cost of returning any item if this is sent using a courier other than that indicated by us in an email with instructions concern returns.
14) Warranties and Assistance
FFutura Srl publishes customer service information on its WAVE Futura website; the company cannot, however, be held liable for any technical or factual inaccuracies and/or typing errors, although it undertakes to correct them immediately upon being made aware of the same.
The company also reserves the right to correct and change any content of the website whenever this is deemed necessary and without notice, but only if justified.
Futura Srl does not provide any guarantee as to the compliance of the information published on its website with the laws of Customer's country of residence unless this be Italy.
Futura Srl cannot be held liable for any problems, harm, loss or risk that Customers may experience when using the website. Futura Srl guarantees that its website wavefutura.com is secure in accordance with international Internet standards.
If used correctly, Users of the website are protected against the risk of virus. Furthermore, Futura Srl cannot be held liable for any malfunctions as the result of Users having disabled cookies in their browsers.
Futura Srl cannot be held liable for any fraudulent or illegal use that be made by third parties of credit cards used to pay for products purchased through its website where it can be proved that it has adopted all the normal precautions at the time and due diligence.
- 1) Futura Srl is liable for any non-conformity that may be noted within 2 (two) years of delivery of the goods.
- 2) For the purposes of this contract, it is assumed that the consumer goods in question conform to the contract if the following conditions, where pertinent, co-exist: a) they are fit for the use for which goods of the same type are normally used; b) they match the Vendor's description and possess the properties of any items that the Vendor has presented to the consumer in the form of a sample or model; c) they offer the equivalent properties and performance of an item of the same type that a consumer may normally expect, bearing in mind the nature of the goods and, if appropriate, any public statements concerning the specific characteristics of such goods by the Vendor or the manufacturer, and/or its agents or representatives, especially in any advertising or on the label; d) they are suitable for the particular use that the consumer wishes to make of them, the Vendor having been made aware of this at the time of entering into the contract and the Vendor having accepted this, also by implicit or tacit consent [per facta concludentia].
- 3) The purchaser forfeits all rights if he fails to inform the Vendor of any non-conformity within 2 (two) months from first becoming aware of the same. Defects cannot be reported if the Vendor has acknowledged the existence or the defect or has concealed it.
- 4) In any case, unless it can be proved otherwise, it is assumed that any non-conformity found within 6 (six) months from delivery of the goods already existed at that time, unless this hypothesis is incompatible with the nature of the goods or the nature of the non-conformity.
- 5) If the conditions set out below are met, the purchaser may request, as an alternative and without any extra charge, that the goods found to be defective be repaired or exchanged, that the purchase price be reduced or this contract be terminated, unless it is patently impossible to satisfy such a request or is too onerous for Futura Srl as per paragraph 4, Article 130 of the Italian Consumer Code.
- 6) Said request must be made in writing and sent to the supplier by registered letter with recorded delivery or via certified email; Futura Srl then has 7 (seven) working days from receipt of the request in which to indicate whether or not it is willing to accede to this, together with any reasons for not doing so. In the same communication in which it accepts the purchaser's request, Futura Srl shall indicate the method for sending/returning the defective goods and the deadline within which these are to be returned/exchanged.
- 7) If it is impossible or too onerous for Futura Srl to repair or exchange the defective goods, the supplier fails to repair or exchange the same within the deadline indicated above, or the actual exchange or repair has caused a considerable inconvenience for the purchaser, the latter may request either a suitable reduction in price or the termination of the contract, whichever he sees fit. The purchaser must send the supplier a written request to this purpose; the supplier then has 7 (seven) working days from receipt of the request in which to indicate whether or not it is willing to accede to this, together with any reasons for not doing so.
- 8) In the same communication in which Futura Srl accepts the purchaser's request, Futura Srl shall indicate the reduced price or the method for returning the defective goods. The purchaser shall, in such a case, indicate the method by which Futura Srl shall refund the sums already paid.
Futura Srl reserves the right to correct, amend or revise the terms and conditions contained in this section, updating the same whenever it sees fit, without any obligation to provide notice unless fully justified. Users of this website are expected to respect the terms and conditions set out in this section and to check them on a regular basis for any updates, changes or corrections.
15) Liability for Defective Products, Proof of Loss and Admissible Damages
Futura Srl cannot be held liable for any direct and/or indirect loss or harm, whether contractual and/or non-contractual, suffered by Customers as the result of flaws and/or defects in the products if said flaw and/or defect is due to the conformity of the product to statutory law or binding measures and the state of the scientific and technical know-how at the time that the manufacturer placed the product on the market was such that it was not possible to consider the product as faulty and/or defective at that time. The burden of proving that the purchased product is faulty and/or defective, together with the harm and/or loss suffered, and the cause and effect, lies, in any case, with the Customer.
The Customer is aware of the fact that full descriptions and photos of the ordered products are found on the website and so should tolerate any normal differences and slight variations in color between the delivered products and those viewed on the website.
16) Communications and Complaints
Customers may send communications or complaints to WAVE Futura at the following addresses:
- by email: email@example.com
- by post: Via Carlo del Prete 2C - 37138 Verona – Italia
- by phone:+ 39.331- 9701573 (office hours)
It is not possible to consider any communication sent by Customers by post or email to WAVE Futura (merely by way of example: requests, suggestions, ideas, information, material, etc.) as being of a confidential or reserved nature.
Such communications should not contain contents that directly or indirectly violate current law (and regulations) in Italy or any other State, and, in any case, must not: (i) violate the rights of third parties; (ii) contain information that may harm the rights of third parties and/or false information, it being understood herewith that Futura Srl cannot be held accountable for the contents, legality, nature, quality and truth of any information provided by Customers in such communications.
17) Protection of Personal Data
Futura Srl undertakes to guarantee and protect the confidentiality of its Customers; it also guarantees that all data will be handled in compliance with the provisions of the Italian Data Protection law, namely Reg. UE n. 679/2016 ("Privacy Code").
Customers are informed about the various types of consent required in order for the company to use their personal data, which they provide voluntarily, as well as their right to revoke such use, upon viewing the relevant section of this website dedicated to this matter.
In accordance with Article 12 of Italian Legislative Decree 70/03, Futura Srl informs Customers that every order is stored in a digital format on the server hosting the website in compliance with criteria of confidentiality and security.
18) Place of Jurisdiction and Applicable Law
In accordance with Article 63 of Italian Legislative Decree n° 206 dated 6th September 2005, any dispute concerning from the validity, interpretation, execution or effect of this contract shall be settled by the Court in the Customer's own place of residence or domicile.
By using this website Users declare that they accept that any issue concerning the use of the website shall be governed by the current law of Italy. Futura Srl cannot guarantee in any manner or form that the contents of this website comply with current laws in other countries.
Access to this website from places where its contents may be deemed illegal is strictly prohibited. Users who decide to access this website from such countries are deemed to be fully aware of the legal consequences and sanctions they may incur and have sole responsibility for the proper observance of said local laws.
APPLICABLE LAW: consumer sales are regulated by Italian Legislative Decree n° 206/2005 ("Consumer Code") as amended by LEGISLATIVE DECREE February 21, 2014, n. 21 (Implementation of Directive 2011/83 / EU on consumer rights). More specifically, the sale of products over the Internet is deemed to fall within the definition of "contracts concluded at a distance", as foreseen by letter g of Article 45 of this law. Furthermore, Article 68 of said law points out that the provisions of Italian Legislative Decree n° 70/2003 also apply to "electronic commerce".
19) Effect of the Contract
Confirmation of the order for the purchase of the products implies that Customers implicitly accept these general terms and conditions of sale. These general terms and conditions of contract may be updated and/or altered unilaterally by Futura Srl on condition that it can provide justification and any such changes shall become valid from the date on which they are published on the website.