These Terms govern the use of

- www.whataeco.com, and,

- any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Www.whataeco.com is provided by: WHATaECO S.R.L. Via Vellani Marchi, 41124, Modena (MO)

Owner contact email: hello@whataeco.com

"Www.whataeco.com" refers to this website, including its subdomains and any other website through which the Owner makes its Service available; normativa di riferimento in materia di condizioni di vendita, ossia gli artt. 49 ss. del D.Lgs 206/2005 (Codice del Consumo) così come modificato dal D.Lgs n. 21/2014 (con le relative disposizioni in materia di garanzia legale di conformit, spedizione e passaggio del rischio, Foro competente nelle controversie, etc…).

The following documents are incorporated by reference into these Terms:

What the User should know at a glance

The right of withdrawal only applies to European Consumers.

The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document. Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using www.whataeco.com.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using www.whataeco.com, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;
  • Users must be recognized as adult by applicable law;
  • Minors may only use www.whataeco.com under parental or adult supervision;
  • Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
  • Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.

Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by www.whataeco.com.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on www.whataeco.com is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

  • Accounts registered by bots or any other automated methods are not permitted.
  • Unless otherwise specified, each User must register only one account.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

  • By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on www.whataeco.com

Unless where otherwise specified or clearly recognizable, all content available on www.whataeco.com is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on www.whataeco.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on www.whataeco.com - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on www.whataeco.com, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on www.whataeco.com, the User may download, copy and/or share some content available through www.whataeco.com for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to www.whataeco.com. By providing content to www.whataeco.com, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on www.whataeco.com they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of www.whataeco.com as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to www.whataeco.com. Users acknowledge, accept and confirm that all content they provide through www.whataeco.com is provided subject to the same general conditions set forth for content on www.whataeco.com. Users are solely liable for any content they upload, post, share, or provide through www.whataeco.com. Users acknowledge and accept that the Owner filters or moderates such content in a preventative manner.

Therefore, the Owner reserves the right to refuse, censor, remove, delete, block or rectify such content at its own discretion and to deny access to www.whataeco.com to the uploading User without prior notice, if it considers such content to infringe any applicable legal provision or third party right, or to otherwise represent a risk for Users, third parties, the Owner and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through www.whataeco.com.

Access to external resources

Through www.whataeco.com Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law. In particular, on www.whataeco.com Users may see advertisements provided by third parties.

The Owner does not control or moderate the advertisements displayed via www.whataeco.com. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement. The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

Acceptable use

Www.whataeco.com and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of www.whataeco.com and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to www.whataeco.com or the Service, terminating contracts, reporting any misconduct performed through www.whataeco.com or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.

Software license

The software embedded in or related to www.whataeco.com is provided under a some-rights-reserved license. This means that Users are granted broad rights, including but not limited to the rights to use, execute, copy or distribute the software, to the extent determined by such license. The terms of such license shall always prevail upon conflicting, divergent or inconsistent provisions of these Terms.

API usage terms

Users may access their data relating to www.whataeco.com via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses www.whataeco.com, is bound by these Terms and, in addition, by the following specific terms: the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on www.whataeco.com, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of www.whataeco.com.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of www.whataeco.com and are subject to change without notice. While Products on www.whataeco.com are presented with the greatest accuracy technically possible, representation on www.whataeco.com through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

  • Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
  • Within the purchase selection, Users may review their purchase selection, modify, remove or add items and, where provided for, give specific instructions (for instance, “send it with a gift receipt”).
  • Users will use the checkout button to be redirected to the checkout view. Within the checkout view, Users must create an account or log in, if already in possession of an account on www.whataeco.com.
  • The accounts are created via Prestashop and they also allow the Users to access the status of the current purchase and their purchases history.
  • The User may read the privacy policy of Prestashop and www.whataeco.com to learn more about the data processing and User rights regarding their data.
  • Users will be required, through consecutive steps, to confirm the registered billing and shipping address and specify a shipping and payment method of their choice. Before proceeding with the desired payment methods, Users must accept these Terms.
  • During the purchasing process, Users may, at any time, modify, correct or change the information provided, and add a gift card, referral code or discount code (Coupon) or altogether abort the purchasing process with no consequence.
  • After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on www.whataeco.com, hereby accepting these Terms and committing to pay the agreed-upon price.

Order submission

When the User submits an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received. All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on www.whataeco.com are displayed:

  • including all applicable fees, taxes and costs.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of www.whataeco.com.

All payments are independently processed through third-party services. Therefore, www.whataeco.com does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Deliveries are made to the address indicated by the User and in the manner specified in the order summary. Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.

Goods are delivered to the following countries or territories: Austria, Belgio, Bulgaria, Cipro, Croazia, Danimarca, Estonia, Finlandia, Francia, Germania, Grecia, Irlanda, Italia, Islanda, Liechtenstein, Lettonia, Lituania, Lussemburgo, Malta, Norvegia, Paesi Bassi, Polonia, Portogallo, Regno Unito, Repubblica Ceca, Romania, Slovacchia, Slovenia, Spagna, Svezia, Ungheria.

Delivery times are specified on www.whataeco.com or during the purchasing process. Unless otherwise specified on www.whataeco.com or agreed with Users, Products shall be delivered within thirty (30) days from purchase.

“Click and collect”

Users may choose to collect their purchase at one of the “collection points” outlined in the dedicated section of www.whataeco.com and according to the timeframe communicated.

Failed delivery

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action. Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

Delivery of digital content

Unless otherwise stated, digital content purchased on www.whataeco.com is delivered via download on the device(s) chosen by Users. Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Performance of services

The purchased service shall be performed or made available within the timeframe specified on www.whataeco.com or as communicated before the order submission.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification, cannot benefit from the rights described in this section.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

  • Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
  • Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.
  • In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract. The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest. Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning. The costs of returning the goods are borne by the User.

Exceptions from the right of withdrawal

The right of withdrawal does not apply to contracts:

  • for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and with their acknowledgment that their right of withdrawal is thereby lost;
  • for the supply of goods made to the consumer’s specifications or otherwise clearly personalized;
  • for the supply of goods which are liable to deteriorate or expire rapidly;
  • for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
  • for the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
  • for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with their acknowledgement that their right of withdrawal is lost once the contract has been fully performed.

Legal guarantee of conformity for goods

Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve been delivered to the purchaser.

Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on www.whataeco.com in accordance with the laws of the country of their habitual residence. National laws of such country may grant such Users broader rights.

In particular, Consumers based in France can exercise guarantee rights within two years of delivery of the good without being required to provide evidence of the good’s defect or lack of conformity. The period of time for which the Consumer is exempted from providing evidence of the fault is reduced to six months in case of used goods. When exercising guarantee rights, Consumers may choose between requesting replacement or reparation of the faulty good at the conditions set out in the French Consumer Code.

This statutory guarantee of conformity applies regardless of any commercial guarantee possibly offered by the Owner. Consumers may also exercise their right of guarantee for hidden faults according to the relevant provisions of the French Civil Code, choosing between cancelling the purchase or requesting a price reduction.

Legal guarantee on second-hand or used goods

Users acknowledge and accept that the legal guarantee on second-hand or used goods is limited to 1 year from receipt of the goods.

Liability and indemnification

Common provisions No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of www.whataeco.com and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

For information about the use of their personal data, Users must refer to the privacy policy of www.whataeco.com which is hereby declared to be part of these Terms.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to www.whataeco.com are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with www.whataeco.com are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service.

Failure to accept the revised Terms, may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner. Any change of these Terms shall be communicated in writing no later than one month prior to becoming effective.

Should Consumers not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of www.whataeco.com must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed 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 in full force and effect.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European

Consumers However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of www.whataeco.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document. The Owner will process the complaint without undue delay and within 2 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts. As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

France: Mediation

Within one year of submitting a written complaint to the Owner regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before any mediation body approved by the French Government. The relevant list is available at the following link.

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