Terms and Conditions
Terms and Conditions (“Terms”)
Last updated: December 01, 2016
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.compatible-capsules.com (or http://www.waycap.com) website (the “Service”) operated by WayCap Srls (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
These General Terms and Conditions of Business shall apply to business relationships of any kind between WayCap Srl, Via Valperga Caluso 32, 10125, Torino, Italia (hereinafter referred to as ‘WayCap) and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession. A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession.
The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking ‘Buy’, the customer makes a legally binding commitment to purchase the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored, and the order data are sent to the customer by email.
WayCap reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against WayCap are excluded.
When placing an order in the online store, the customer follows the technical steps as described below in detail:
- Click on “Proceed to Checkout” in the shopping basket displayed on the screen
- Redirection to the general order overview page (Checkout) where the customer is guided through the individual stages of the purchase
- Selection of “Invoice and Delivery Address” (if the customer does not have a customer account and is not logged in; otherwise the invoice and delivery addresses are already stored);
- Entry of “Invoice Address”;
- If the invoice address and delivery address differ, there is the option to”Enter a different delivery address” by checking the box
- In the next stage, the customer is given an overview with the header“Your Order”
- Selection of “Method of Payment” (by clicking on the desired payment method)
- The customer can choose more options by checking the relevant boxes (different delivery address, use coupon, add a comment/note to the order)
- Completion of order by clicking “Submit”
The customer proceeds to each of the order steps referred to above using the usual functions of the internet browser.
If the customer is a business, delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
All prices are cash prices, plus any applicable charges for packaging and carriage.
Domestic deliveries within Italy are priced at EUR 7 per order. Deliveries to EU, USA and Canada are priced at 10 EUR per order. Deliveries to the rest of the World are priced at 12 EUR. For orders in excess of EUR 100, we will post goods within EU, USA and Canada free of shipping costs. Additional customs duties and charges for deliveries to countries outside the EU shall be borne by the customer.
The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant. Customers who are merchant must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
Prices are those indicated on the site at the time of placing the order and the taxes are included. The prices on the site are editable at any time, without notice.
Payment will be made through the methods of payment listed on the site.
The security of payments by credit card are guaranteed by Paypal or Stripe. Paypal and Stripe systems encrypt the information to ensure the security and privacy of data entered. The security of credit card payment is guaranteed by Paypal or Stripe: the management and closing of transaction takes place directly on Paypal or Stripe server. This payment instrument allows the cardholder to provide sensitive data (card number, expiry date, name, etc.) directly to Paypal or Stripe and not at the store or service provider that manages it. For more information about payment security, the Customer can visit the web site www.paypal.com or www.stripe.com. The Customer undertakes to notify the Company any claims of objections within 14 days from the date of the debit receipt. Failure to notify within the time limits shall result in the automatic waiver by the Customer to any dispute.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that WayCap Srls is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that WayCap Srls cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
If you order products from our Website for delivery outside Italy, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Right of Withdrawal
Please refer to our Right of Withdrawal policy here
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content, features and functionality are and will remain the exclusive property of WayCap Srls and its licensors. The Service is protected by copyright, trademark, and other laws of both the Italy and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WayCap Srls.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by WayCap Srls.
WayCap Srls has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that WayCap Srls shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless WayCap Srls and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of
a) your use and access of the Service, by you or any person using your account and password, or
b) a breach of these Terms.
Limitation Of Liability
In no event shall WayCap Srls, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
- (i) your access to or use of or inability to access or use the Service;
- (ii) any conduct or content of any third party on the Service;
- (iii) any content obtained from the Service; and
- (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
WayCap Srls its subsidiaries, affiliates, and its licensors do not warrant that:
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will WayCap Srls ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by WayCap Srls or any person for whom WayCap Srls is responsible, and even if WayCap Srls has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.