Terms and Conditions of www.weartravelers.com

These Terms govern
 
  • the use of this Web Site and
  • any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
 
Please read this document carefully.
 
The entity responsible for this Website is:
 
TryWeb – 25050 Passirano (BS).
 
Owner’s email address: info@weartravelers.com

 

Need to know

  • The right of withdrawal applies only to European consumers.
  • Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses apply to all Users.
  •  

TERMS OF USE

Unless otherwise specified, the terms of use of this Website set forth in this section apply generally.
 
Additional conditions of use or access applicable in particular situations are expressly stated herein.
 
By using this Web Site, the User agrees to comply with the following requirements:
  • There are no restrictions on Users with respect to whether they are Consumers or Professional Users.

 

Registration

In order to use the Service, the User can open an account by providing all the data and information requested in a complete and truthful manner.
You may also use the Service without registering or creating an account. In this case, however, certain features may not be available.
 
It is your responsibility to keep your access credentials secure and confidential. To that end, Users should choose a password that meets the highest level of security available on this Web Site.
 
By creating an account, Users agree to be fully responsible for any and all activities that occur under their access credentials.
Users must notify the Controller immediately and unequivocally via the contact details provided in this document if they believe that their personal information, such as User account, access credentials or personal data, has been hacked, illegally distributed or stolen.
 

 

Account closure

 
You are free to close your account and cease using the Service at any time by following this procedure:
 
  • By contacting the Owner at the contact information in this document.

Account suspension and deletion

 
The Owner reserves the right to suspend or delete a User’s account at any time in its sole discretion and without prior notice, if it deems it inappropriate, offensive or contrary to these Terms.
 
Suspension or deletion of your account does not give you any right to compensation, refund or indemnification.
 
Suspension or deletion of an account for cause shall not relieve you of any applicable fees or charges.

 

Content on this Web Site

Unless otherwise stated or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
 
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any rights and claims that may be legally exercised, Users are requested to submit their complaints through the contact details specified in this document.
 
 
Rights to the contents of this Website
 
The Owner holds and expressly reserves all intellectual property rights over the above content.
 
Users are not authorized to use the contents in any way that is not necessary or implicit in the proper use of the Service.
 
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
 
Where expressly indicated on this Web Site, the User is authorized to download, copy and/or share certain content available on this Web Site solely for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances required by the Owner.
 
This is without prejudice to the limitations and exclusions provided for by copyright law.

 

Content provided by Users

The Owner allows Users to upload, share or offer their own content on this Website.
 
By providing content to this Website, the User declares that he/she is legally authorized to do so and confirms that said content does not violate any law and/or third party rights.
 

Rights to content provided by Users

 
The User acknowledges and agrees that by providing content of their own to this Website, they grant the Owner a non-exclusive right to process the content free of charge for the purpose of operating and maintaining this Website, as contractually provided.
 
To the extent permitted by law, the User waives the exercise of moral rights in relation to the content provided to this Web Site.
 
Users acknowledge and agree that the content offered by them through this Web Site will be made available under the same conditions applicable to the content on this Web Site.
 
The User is solely responsible for the content uploaded, published, shared or otherwise provided to this Web Site.
 
The User acknowledges and agrees that the Owner may filter or edit such content in advance.
 
Therefore, the Owner reserves the right to reject, censor, remove, delete, block or edit such content at its own discretion and to deny access to this Website without notice to the User who uploaded it if it believes that the content violates applicable laws or third party rights or otherwise poses a risk to Users, third parties, the Owner itself or the availability of the Service.
 
The removal, deletion, blocking or correction of content does not justify any claim for compensation, reimbursement or indemnity from the Users who provided such content.
 
Users agree to indemnify and hold harmless the Owner from and against any and all claims made and/or damages suffered as a result of content provided by them to or offered through this Website.
 

Access to external resources

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability.
 
The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and governed by their terms and conditions or, in their absence, by law.
 

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, under these Terms and under applicable law.
 
It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any law, regulation or the rights of any third party.
 
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable activity carried out through this Website or the Service to the competent authorities – e.g. the judicial or administrative authorities – whenever the User carries out or is suspected of carrying out such activity:
  • violations of laws, regulations and/or the Terms;
  • injury to third party rights;
  • acts that may considerably prejudice the legitimate interests of the Controller;
  • offenses against the Owner or a third party.

 

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on this Web Site, as part of the Service, are provided for a fee.
 
The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.
 
In order to purchase Products, you must register or log in to this Web Site.
 
You may also purchase as a guest.
 

Product Description

Prices, descriptions and availability of Products are specified in the relevant sections of this Web Site and are subject to change without notice.
 
Although the Products on this Web Site are presented as accurately as technically possible, the representation by photo, image, color, sound or any other means is for reference only and does not imply any warranty as to the characteristics of the Product purchased.
 
The characteristics of the Product selected will be specified during the purchase process.
 

Purchasing Procedure

Each step, from the choice of the product to the placing of the order, is part of the purchase procedure.
 
The purchasing process includes the following steps:
 
  • Users are requested to choose the desired Product and verify their purchase choice.
  • After checking the information visible in the purchase choice, Users can place their order by submitting it.

 

Order placement

Sending the order involves the following:

 

  • The submission of the order by the User determines the conclusion of the contract and gives rise to the User’s obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
  • In the event that the Product purchased requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the submission of the order also constitutes the User’s obligation to cooperate accordingly.
  • Once your order has been placed, you will receive a confirmation of receipt of your order.
 
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

 

Pricing

During the purchase process and prior to placing an order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.
 
Prices on this Web Site are displayed:
  • including all applicable fees, taxes and charges;
  • NOT including any customs costs not attributable to the owner;

 

Means of payment

The details of the accepted means of payment are highlighted during the purchase process.
 
Some means of payment are subject to further conditions or involve additional costs. Detailed information can be found in the relevant section of this Website.
 
All payments are handled independently by third party services. Therefore, this Website does not collect any payment data – such as credit card numbers – but you will be notified once the payment has been successfully completed.
 
In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.

 

Authorization for future payments via PayPal

In the event that the User authorizes the PayPal feature that enables future purchases, this Website will store an identification code linked to the User’s PayPal account. This will allow this Website to automatically process payments for future purchases or periodic payments for a previous purchase.
 
This authorization can be revoked at any time by contacting the Owner or by changing your personal PayPal settings.

 

Property reserve

Until payment of the full purchase price has been received by the Owner, the User does not acquire ownership of the Products ordered.

 

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
 
At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
 
Delivery may be to the countries or territories specified in the relevant section of this Web Site.
 
Delivery times are indicated on this Web Site or during the checkout process.
 

Non-delivery

 
The Owner is not responsible in any way for any delivery errors arising from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damage or delays occurred after delivery to the courier if the latter has been appointed by the User.
 
In the event that the goods are not delivered or collected at the time or by the deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further action.
 
Unless otherwise specified, each delivery attempt from the second will be at User’s expense.

 

User Rights

Right of withdrawal

Subject to exceptions, the User may be entitled to withdraw from the contract within the period specified below (14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
 
Who has the right of withdrawal
 
Unless one of the exceptions listed below applies, Users acting as European Consumers are entitled by law to withdraw from contracts concluded online (distance contracts) within the time period applicable to the specific case for any reason and without need for justification.
 
Users who do not meet these requirements do not have the rights described in this section.
 

Exercise of the right of withdrawal

 
To exercise the right of withdrawal, the User must send the Controller an unequivocal notice of his intention to withdraw from the contract.
 
To this end, the user can request by email to info@weartravelers.it the withdrawal form. The User is however free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.

When does the withdrawal period expire?

  • In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him and different from the courier – takes possession of the goods.
  • In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good composed of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day in which the User or a third party – appointed by him and different from the courier – takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

 
The Holder refunds all payments received including, if made, those relating to delivery costs to Users who have properly exercised their right of withdrawal.
 
However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will be borne by the User.
 
Reimbursement shall be made without undue delay and in any event within 14 days of the day on which the Controller was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment as was used for the initial transaction. The User does not incur any costs as a result of the withdrawal.
… on contracts for the purchase of goods
 
Unless the owner has offered to collect the goods, the user must return them to the owner or another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
 
The deadline is met if the delivery of the goods to the carrier or other authorized person takes place before the expiry of the period of 14 days described above. Refunds may be withheld until the goods are received or until the User has provided proof of return.
 
You are liable for any diminution in the value of the goods resulting from any use of the goods other than that necessary to establish their nature, characteristics and operation.
 
The goods must be returned intact, fully functional and free of any malfunction, deterioration or damage, otherwise it will be impossible to proceed with the refund.

 

Return shipping costs are the responsibility of the User.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:
  • delivery of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery;

Legal warranty of conformity of the Product

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
 
If you are acting as a European Consumer, the legal warranty of conformity of goods applies to items available on this Web Site in accordance with the laws of the country in which you ordinarily reside.
 
The national laws of that country may grant such Users more extensive rights.
 
Consumers not acting as European Consumers may have conformity warranty rights under the laws of the country of their habitual residence.

 

Limitation of liability and indemnity

Australian users

Limitation of liability

Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (a non-excludable right). To the fullest extent permitted by law, our liability to You, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the option of the Owner, to a re-provision of the Services or payment of the cost of re-provision thereof.

US users

Warranty Disclaimer

This Web Site is provided strictly on an as-is, as-available basis. Use of the Service is at your own risk. To the fullest extent permitted by law, the Owner expressly disclaims all conditions, covenants and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by You from the Owner or through the Service shall create any warranty not expressly set forth herein.
 
Notwithstanding the foregoing, Owner and its subordinates, affiliates, officers, agents, brand coowners, partners, suppliers and employees do not warrant that the content will be accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through your use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such operation or use of the Service by you.
 
The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service hyperlinked. In addition, the Owner does not participate in or in any way monitor any transactions between Users and third party providers of products or services.
 
The Service may become inaccessible or not function properly with the User’s browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, arising from the content, operation or use of the Service.
 
Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law.

 

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, intentional, collateral, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, loss of goodwill, loss of use, loss of data, or other intangible losses, arising out of or relating to the use of or inability to use the Service;
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your account or the information contained therein;
  • any errors, omissions or inaccuracies in the content;
  • personal injury or property damage of any kind resulting from your access to or use of the Service;
  • any unauthorized access to the security servers of the Owner and/or any personal information stored therein
  • any interruption or discontinuance of transmissions to or from the Service;
  • any bugs, viruses, trojans or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
  • the defamatory, offensive or illegal conduct of any User or third party. In no event shall Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability, or any other basis, even if Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights, and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms shall not apply beyond the limits of applicable law.

Indemnity

**The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts and expenses, including, without limitation, legal fees and expenses arising from

  • Your use of or access to the Service, including any data or content transmitted or received by You;
  • your violation of these Terms, including, without limitation, your breach of any representation or warranty made in these Terms;
  • infringement by the User of any rights of third parties, including, but not limited to, any rights relating to privacy or intellectual property;
  • violation by the User of any applicable law, rule or regulation
  • any content posted by the User’s account, including, but not limited to, misleading, false or inaccurate information, and including when accessed by a third party using the User’s personal username and password or other security measures, if any;
  • the User’s willful misconduct; 
  • the violation of any legal provision by you or your affiliates, officers, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law

Common Provisions

No implied waiver

Owner’s failure to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other right.

 

Service Interruption

In order to guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other change, giving appropriate notice to Users.
 
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.
 
In addition, the Service may be unavailable due to causes beyond the reasonable control of the Data Controller, such as force majeure (e.g., strikes, infrastructure malfunctions, power outages, etc.).

 

Resale Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.

 

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Website.

 

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property.
 
All trademarks – whether denominative or figurative – and all other distinctive signs, companies, service marks, illustrations, images or logos that appear in connection with this Web Site are and remain the exclusive property of the Owner or its licensors and are protected in accordance with the legislation and international treaties applicable to intellectual property.

 

Changes to Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to Users.
 
The changes will affect your relationship with the User only for the future.
 
Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party’s right to terminate the Agreement.
 
The applicable prior version shall continue to govern the relationship until accepted by the User. Such version may be obtained from the Owner.
 
If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.

 

Contract transfer

Holder reserves the right to transfer, assign, dispose of, novate or contract out any or all of its rights and obligations under these Terms, having regard to the legitimate interests of the Users.
 
The provisions regarding the amendment of these Terms shall apply.
 
The User is not authorized to assign or transfer its rights and obligations under the Terms without the written consent of the Owner.

 

Contact

All communications regarding the use of this Web Site should be sent to the contact information provided in this document.

 

Safeguard clause

If any provision of these Terms shall be or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain valid and enforceable.

 

European users

If any provision of these Terms is or becomes void, invalid or unenforceable, the parties will endeavor to mutually agree upon a valid and enforceable provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision shall be replaced by the applicable legal provision.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of any specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the Agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on either party.

 

US users

Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof.
These Terms shall be enforced to the fullest extent permitted by law.

 

Applicable law

The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document without regard to conflict of law rules.

 

Exception for European Consumers

However, notwithstanding the above, if you are acting as a European Consumer and are ordinarily resident in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.

 

Place of jurisdiction

Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Owner is established, as set forth in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

 

Dispute Resolution

 

Amicable Dispute Resolution

Users may report any disputes to the Controller, who will attempt to resolve them amicably.
 
Without prejudice to Users’ right to take legal action, in the event of a dispute concerning the use of this Website or the Service, Users should contact the Controller at the contact details provided in this document.
 
You may send your complaint to the Controller’s email address provided in this document, including a brief description and, if applicable, details of the order, purchase or account involved.
 
We will process your request without undue delay and within 21 days of receipt.

 

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
 
Therefore, any European consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.