General Terms and Conditions of Use of this site

 
Terms of use page
WARNING: PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USE ( "TERMS") BEFORE USING THIS WEB SITE.

YOUR USE OF THE WEB SITE IS PERMITTED ONLY TO THE EXTENT OF TERMS OF USE CONTAINED HERE.

PLEASE READ CAREFULLY THESE TERMS OF USE AND ALL LEGAL WARNINGS, LIKE THE CUSTOMER SERVICE PAGE, IN CASE OF PURCHASE OF PRODUCTS THROUGH THIS SITE AND THE PRIVACY POLICY (COLLECTIVELY, "WARNINGS").

ACCESS, NAVIGATION AND GENERAL USE OF THIS SITE INVOLVE THE ACCEPTANCE OF THESE TERMS AND WARNINGS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY DO NOT USE THIS SITE. IN THE EVENT OF ANY BREACH OF THESE TERMS AND WARNINGS. THE AUTHORIZATION FOR USE OF THIS SITE MUST BE IMMEDIATELY AND AUTOMATICALLY TERMINATED AND ALL MATERIALS OBTAINED FROM THE SITE WISHYOURGIFT AND ALL COPIES THEREOF (WHETHER MADE UNDER THESE TERMS OR OTHERWISE) MUST BE DESTROYED.

1. TERMS AND CONDITIONS OF USE
Wishyourgift internet site is an on-line information and sales service provided by Wishyourgift S.r.l. (below "Wishyourgift"). Your use is conditional to acceptance of the terms and conditions set out below. If you do not accept these conditions, you are requested not to use the site or download material from it.

2. USE, REPRODUCTION AND LIMITATIONS TO USE
The access to Wishyourgift's website is free, and does not require previous authorisation, subscription or registration. However, the user may be required to subscribe or register in order to obtain certain types of information or to access certain services or reserved areas.
This site may at times be wholly or partially inaccessible as a result of malfunctioning and/or connection problems or in any case events beyond the control of Wishyourgift. This site is provided exclusively for personal use and you may print and/or save the pages of the site on your personal computer to this end. Permanent reproduction the contents of the pages of the Wishyourgift site, whether total o partial, translation, adaptation, any type of modification or rearrangement, any form of public distribution of copies, any presentation, demonstration or public communication, is forbidden without the previous written consent of Wishyourgift.
Wishyourgift reserves the right to prosecute whosoever damages the site directly or indirectly and in particular whosoever introduces software or viruses which can or do damage the contents or functioning of the site, equipment or systems of the site operator. The user is responsible for maintaining secrecy regarding his "password" and "user name" which Wishyourgift may assign, for the use of some services provided. Advance written communication should also be obtained for any use of the password and user name not previously authorised by Wishyourgift.

3. LIMITATIONS OF LIABILITY
Information in this site is provided in good faith and Wishyourgift does not guarantee that they are complete. Despite constant efforts to provide the most recent, complete and suitable information, technical inaccuracies and typographical errors may be present. Therefore, the information on this site is provided without any guarantee of the trustworthiness and truthfulness of the contents, and must consequently be checked.
In no case will Wishyourgift be held responsible for any damage whether direct or indirect caused by proper or improper use of this site. Furthermore, Wishyourgift will not be responsible for any incorrect operations, damage, wear and tear, cancellation of data or software, in connection with any equipment or user systems as a direct or indirect consequence of access or intention to access the Wishyourgift website.
Wishyourgift reserves the right to modify, update, or correct the site and its contents at any time without communication, either before or after the changes have been made. You should visit this page from time to time to review the then current Terms and Warning because they are binding on you.

4. LINKS
This Site may contain links to other sites on the World Wide Web. Wishyourgift does not accept any responsibility for material created or advertised by third parties with which the Wishyourgift site has a link. If you decide to visit a website linked to the Wishyourgift website you do so at your own risk, accepting responsibility for precautions against viruses and other destructive elements.
Wishyourgift does not consider any links from this site, or any information or references to information from other sources, in any way as explicit or implicit endorsement. Questions and comments regarding other sites must be referred exclusively to the administrators of these sites. This site may contain information taken from other sources, which are identified in every case, and to which reference must be made in case of necessity for verification of this information including its accuracy, truth and completeness.
Wishyourgift does not represent nor guarantee the reliability of any other website of third parties who choose to link to its site. The links on the Wishyourgift to other sites are provided exclusively for your information. The links do not imply that Wishyourgift sponsors or that it is affiliated with the organisations that provide the services described in these sites.
All persons may create links to this site, following express authorisation by Wishyourgift. The link must however be placed exclusively on the home page unless specifically authorised in writing by Wishyourgift. The right to create a link to the site does not confer any explicit or implicit right regarding the site itself or its contents and can be revoked at any time without notice by Wishyourgift.

5. CREATE AN ACCOUNT
Create an Account on the Site Wishyourgift does not bind the Costumer to a purchase. By registering to the site Wishyourgift the Customer will be able to access promotions and restricted areas (Reviews, Tag, Wishlist,...) and he will be promptly informed about our promotions and new products, by subscribing to the Wishyourgift newsletter service during the registration. By clicking on the link "My Account" each Customer will be able to update, amend and/or delete personal information, make purchasing operations faster, be updated on the status of orders and see order history.
In compliance with the privacy law, personal data will not be forwarded to third party for commercial communications.

6. INFORMATION RECEIVED BY WISHYOURGIFT
Wishyourgift does not authorise transmission of confidential or extremely important information through its website. As a result, all information received through this site and/or via e-mail will be considered as non-confidential in nature and Wishyourgift will consider itself free to use this information, with the exception of personal data, which is protected by current privacy laws. Wishyourgift will have no obligations regarding such materials and will be free to copy, use, disclose, show, transform and incorporate it into material, as well as distribute it to third parties, without any limit. Wishyourgift will also be free to use all the ideas, concepts, know-how or technical notions contained in this material, for any purpose, including but not limited to, the development, production, and sale of products, which utilise this material. Whosoever submits material guarantees that it is publishable and accepts this responsibility, freeing Wishyourgift from any action by others in relation to the above mentioned material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

7. USERS
Wishyourgift does not discriminate on the basis of age, race, national origin, sex, religion or sexual attitudes of users. No person who has less than 18 years can use the site without parental consent or his representative. All parents and those who are guardians are strongly encouraged to monitor the use of the Internet by their children/minors under their responsibility. The use of the Site by any user will be understood as a statement that the user has at least 18 years.

8. COOKIES
This web site uses cookies. A "Cookie" is a small file that some websites can send to the address of the visitor to the site with the purpose of tracking the route taken by website visitors. The cookies provide us vital information on navigation, purchase statistics, entry and exit pages on our website, origins of user traffic, etc. This information allows Wishyourgift to optimize our internet activities to better serve you. These cookies can in no way divulge personal information, can not be used to deliver or activate a virus. Wishyourgift site uses cookies to keep track of items placed in your cart during the purchase process. If the options to accept cookies on your browser are disabled you will not be able to insert any item in the cart. Modifies your browser options in this way:
A) MICROSOFT EXPLORER
1. Select Internet Options from the Tools menu
2. Click the Security tab
3. Go to Custom Level
4. Reach the entry Cookies by sliding the bar
5. Select the Enable fields
B) MOZILLA FIREFOX
1. Select Options
2. Select the Privacy icon
3. Select Allow sites to set cookies and confirm.
For detailed information about the protection of personal data, please go to the Privacy Policy page.

9. LAWS AND JURISDICTION
These conditions comply with Italian law. The tribunal of Milan, Italy, will have jurisdiction and exclusive competence for any controversy and in any case in relation to the above mentioned conditions. However, when necessary, Wishyourgift reserves the right to legal recourse in countries or cities other than Italy and Milan, in order to protect its interests and rights.

10. INFORMATION ABOUT TRADEMARKS
The trademarks and logos that appear on this site are the property of Wishyourgift. They may not be used on any Internet website other than the Wishyourgift site without the previous written consent of Wishyourgift. The name Wishyourgift and any trademarks that include that of Wishyourgift may not be utilised as internet addresses of other sites or as part of such addresses without the previous written consent of Wishyourgift.

11. PURCHASER'S OBLIGATIONS
Once the online purchase procedure is complete, the Consumer undertakes to print and keep the present Terms and Conditions, and the specifications of the purchased product, in order to fully meet the condition described at articles 3 and 4 of Italian Legislative decree no.185/1999.
The user undertakes not to establish any of the following conduct when using the Site Wishyourgift:
- falsify their personal identity;
- transmit any material or promote any links with obscene, vulgar, fraudulent, defamatory, libelous, threatening, confidential, illegal or otherwise objectionable content;
- harass, undermine, threaten, cause embarrassment or difficulty or inconvenience to other participants, users, or any person or entity;
- transmit any material that contains a virus or other harmful component, or otherwise tampers with, impairs or damages any of the Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site;
- distribute any submission that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- infringe or violate any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- put in place practices which in any manner are in violation of existing legislation.
You are personally liable for the content of any contribution or message posted on this Site. You may only send personal information strictly necessary for the purpose of notification, if permitted under this Terms and Warnings; you should not send sensitive data. Any sensitive data received via the Site will be immediately deleted permanently from Wishyourgift. You may not send confidential information on the Site relating to third party.

12. SHIPPING AND DELIVERY
The delivery obligation will be fulfilled by Wishyourgift when products have been committed to the carrier. The Customer is responsible for paying all the shipping costs. Wishyourgift may not charge the customer the cost of delivery, in whole or in part. You will be able to choose between several shipping services. Shipping costs vary from country to country, due also to duties, taxes and/or custom fees charged upon delivery. Wishyourgift is not responsible for orders delayed by carriers. At the time of shipment an e-mail for occurred delivery will be sent to the customer. The delivery times indicated by Wishyourgift refer to the products in stock and they are not binding on Wishyourgift, which can then confirm or modify them, according to its actual needs, alerting the Customer. Any delay in delivery of less than 60 (sixty) days shall not entitle the Customer to refuse delivery of products or to claim damages or compensation whatsoever. In case of delay in delivery exceeding 60 (sixty) days you will have the right to cancel the order and receive a refund of amounts already paid if necessary, without the right to any refund or additional compensation.
Upon receipt, the customer must check that the delivered product matches what was ordered, as follows:
- that the number of packages/boxes indicated on the carrier's bill of lading corresponds to the number of packages/boxes actually delivered;
- that the package is intact, undamaged and dry.
After checking, the Customer must sign the delivery slip, after which no complaint may be made regarding the external characteristics of what was delivered in relation to the order placed. If the items delivered do not match the order placed according to the procedure cited above, the Customer should not accept the goods and should complain directly to the carrier.
Customs duties are charged to the receiver and their amount is established by the law in force in the country where the products are received. Wishyourgift does not know the amount of the customs duties that will be communicated to you by carrier, only when the shipment will reach its destination. In the event that the customs duties are not paid and, therefore, the goods refused, the customs duties and the shipment costs will be deducted from the total amount of the order and only the difference will be reimbursed. For more information, Wishyourgift strongly advises you to check with the Customs department in your country about its import policies.

13. RIGHT OF WITHDRAWAL
Sales of products via the Internet are governed by Italian Legislative Decree No. 206/05 (art. 50 to 68) which regulates the field of distance contracts, that is done outside of business premises. This legislation establishes the right of withdrawal, namely the possibility for the consumer to return the product purchased and to obtain reimbursement of expenditure incurred, without any penalty and without specifying any reason. This right is reserved exclusively for individuals (consumers) and it can not be exercised by legal persons and natural persons acting for purposes relating to their professional activity. The Customer must communicate by registered letter with acknowledgement of receipt to Wishyourgift S.r.l., Via Vincenzo Monti 9, 20123 MILANO (MI), no later than 10 days after receipt of the products. This communication must be anticipated, within the same deadline, by sending an email message using the Contact Us form. This communication must specify the cost in question, the Customer's desire to cancel the purchase, and the product or products for which the right to cancel is to be exercised, and attach a copy of the transport document and the order. Customer must also cover the cost of returning the product, provided with appropriate packaging for the transport. In case of partial termination for the purchase of most products, the cost of transport will not be reimbursed.
The right of withdrawal fully lapses if the returned product is not intact (in perfect condition for resale), that is:
- unless its original packaging
- in the absence of an integral of the product (accessories, cables, instruction manuals, etc.)
- for damage to the product for reasons other than transport.
Moreover, the restitution of the property will not be accepted if it's not delivered according to the terms below:
- in case of return of an incomplete product of all its parts and functions;
- in case of return of the product appreciably consumed and / or significantly detracted from its value;
- any special notes supplied by the manufacturer and/or listed on the Wishyourgift's site in the product page.
It's important to note that on certain selected items there are some special conditions, such as:
- iRobot Roomba and Scooba: an excessive use of the robot will cancel the right of withdrawal just as the fact of opening or modifying of the unit.
- Educational Kits and Electronic Kits: may not be exchanged or refunded once they are assembled in part or in entirety. Only defective components will be replaced if the need arises. Along these lines, please carefully read the construction instructions for the kit and ensure that they are understood before commencing construction. Our manufacturers provide the necessary instructions for proper construction of their kits but can not be held responsible for mistakes made by the builder.
So, in case of exercise of the right of withdrawal, the products must be returned within the time limits specified to Wishyourgift, in perfect condition for resale and in its original packaging, by the Customer and at its expense; the Customer will also take care of sending the goods provided with adequate protective packaging for shipping (reimbursement will be denied for any products which do not conform to the above mentioned conditions). Once received the goods and verified their integrity, in the shortest time and in any case within thirty days, Wishyourgift will refund the price of returned products (excluding additional costs such as shipping costs, which remain at expense of the Customer). For the purposes of this refund, the Customer must communicate his bank account information. To help Wishyourgift to serve you better and improve its products, the Customer can return the product also with a small note for the reason of the return.
According with the law (Art. 55, second paragraph, of the Consumer Code), the right of withdrawal does not apply to:
- provision of audiovisual products or computer software unsealed by the Customer;
- supply of products made to measure or custom, or which by their very nature, can not be returned or are liable to deteriorate or expire rapidly,
- delivery of newspapers, periodicals and magazines.

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