Terms and conditions

NON POLITICAL WEBSITE

Although our website lists products from the First and Second World Wars, this is done for historical and civil education purposes only and should not be considered an attempt to glorify the tragic events of the past.
War Militaria does not support any political group.
We represent an inclusive and modern company, which rejects any intolerant, racist or violent ideology.

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Terms and Conditions.

The following describes the terms and conditions under which WMB International S.R.L. Unipersonale offers users access to its services available on the website https://www.warmilitaria.it/.

1. Definitions

To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
Owner: WMB International S.R.L. Unipersonale, with registered office at Piazza Filippo Brunelleschi 17/18 - 50018 Scandicci (FI), VAT number 07348630489, REA 697299, share capital €90,000.00, telephone +393313090163, e-mail address info@warmilitaria.it, PEC address wmbinternational@pec.it;
Site: the website https://www.warmilitaria.it/, operated by the Owner, an ecommerce for the sale of collectibles;
Products: the products and/or services offered through Site;
User: the person accessing the Site, without distinction of legal nature and purpose pursued, interested in the Products offered through the Site;
Consumer: a natural person acting for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out;
Terms: this contract governing the relationship between the Owner and Users and the sale or provision of the Products offered through the Site.

2. Stipulation, conclusion and effectiveness of the Conditions

The contract for the purchase of Products is concluded by the exact completion and submission of the order form. This form contains the details of the ordering party and the order, the price of the Product purchased, any additional charges, the method and terms of payment, the address where the Product will be delivered, the timing of delivery and the existence of the right of withdrawal as well as consent to the processing of personal data.
At the time the Holder receives the order from the User, it provides for the sending of a confirmation e-mail or the display of a web page confirming and summarizing the order.
The Terms shall not be deemed effective between the parties in default of the preceding paragraph.
The Owner may modify or simply update, in whole or in part, these Terms. The User acknowledges and agrees that any changes to these Terms will apply to orders submitted by Users after the date of notice of change in the Terms. You are therefore encouraged to review the Terms each time you access the Site and are advised to print a copy for future reference.

3. Registration

In order to use certain features of the Site, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy (https://www.warmilitaria.it/en/content/6-privacy-policy) and these Terms. It is the User's responsibility to guard his/her access credentials.
It is understood that under no circumstances can the Owner be held liable in case of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of Users' access credentials.

4. Account deletion and termination

Registered Users may deactivate their accounts or request their deletion through the Site interface or by sending written notice to info@warmilitaria.it, or by calling Customer Service at +393313090163.
The Owner, in case of violation by the User of these Terms or applicable legal provisions, reserves the right to suspend or terminate the User's account at any time and without prior notice.

5. Purchases on the Site.

The purchase of one or more Products through the Site is permitted both to Users who hold the status of Consumer and to Users who do not hold that status.
Pursuant to art. 3, I paragraph, lett. a) of D. lgs. 206/2005 ("Consumer Code") please note that cover the quality of Consumers natural persons who, in relation to the purchase of Products, are acting for purposes unrelated to the entrepreneurial, commercial, professional or craft eventually carried out.
Natural persons are allowed to purchase only on condition that they are at least eighteen years old.
The Owner undertakes to describe and present the Products sold on the Site in the best way possible. Nevertheless, some errors, inaccuracies, or minor differences between the Site and the actual Product may become apparent. In addition, any photographs of the Products on the Site do not constitute a contractual element, as they are only representative.
The User expressly gives the Owner the right to accept even partially the order placed (for example, in the event that there is not the availability of all the Products ordered). In this case, the contract shall be deemed to have been concluded with respect to the Products actually sold.
The Holder reserves the right to refuse an order:
1. when the Product is not available;
2. when authorization to charge the User for the cost of the Product is denied;
3. when an obviously incorrect price is indicated at the time of purchase and recognizable as such. In such a case, the User will be contacted by Customer Service to be informed and will receive a refund relative to the transaction made.

6. Prices and Payments

The Holder reserves the right to change, at any time, the price of the Products and any shipping costs of the same. It is understood that any changes will in no case affect contracts already concluded prior to the change.
The sale prices of the Products are inclusive of VAT, if due; any other taxes and/or shipping costs to be paid by the User will be indicated before the confirmation of the purchase.
The User agrees to pay the price of the Product purchased in the time and manner indicated on the Site.
Any refund to the User will be credited promptly through the original payment system of the transaction. In the event that the right of withdrawal is exercised, no later than 14 days from the date on which the Holder became aware of the withdrawal.
The Site uses third-party tools for payment processing and in no way comes into contact with the payment data provided (credit card numbers, cardholders' names, passwords, etc.).
Should such third party tools deny payment authorization, the Holder will not be able to supply the Products and will not be responsible for any delay or non-delivery.

7. Payment methods

The accepted payment methods are: PayPal, Debit and Credit Cards, iDeal (Netherlands only), Cash on Delivery (Italy only), PostePay top-up (Italy only).
Some payment gateways may also offer so-called "local" payment methods during the checkout phase, which the customer can select at will.
The owner reserves the right to accept other payment methods at its sole discretion, and never beyond the limits imposed by law.

8. Billing

Customers with a VAT number are always provided with an invoice for the purchased products. For the issuance of the invoice will be authentic the information provided by the customer, which he declares and guarantees to be true, releasing to the Holder every ample indemnity in this regard.

9. Method of delivery of tangible Products

Material Product means any movable property or digital good delivered on a tangible medium offered through the Site.
The material Products ordered will be delivered to the User, at the address indicated by the User, in the manner indicated on the Site at the time of purchase. Delivery will take place within the terms indicated in the order confirmation (BRT, DPD or FedEx tracked courier).
Upon receipt, the User is required to verify the conformity of the Product delivered with the order placed.
Should an order exceed the existing quantity in the warehouse, the Holder, by e-mail, will inform the User whether the Product is no longer bookable or what the waiting time is to obtain it, asking whether or not he intends to confirm the order.
The Holder assumes no responsibility for the delay or non-delivery of the Product attributable to force majeure causes such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, to give execution in the agreed time.
The Owner shall not be liable to any party or third party with respect to damages, losses and costs incurred as a result of the non-execution of the contract due to the aforementioned causes, the User being entitled only to a refund of any price paid.

10. Right of Withdrawal of Material Products

The User who holds the quality of consumer and who for any reason is not satisfied with the purchase made of Material Products has the right to withdraw from the contract entered into, without penalty and without specifying the reason within the period of 30 days from the date of delivery of the Product.
It is understood that the right of withdrawal referred to in the preceding paragraph is excluded in the following cases: supply of custom-made or clearly customized Products;
In order to withdraw from the contract, the User must contact the Holder at the e-mail address info@warmilitaria.it or call Customer Service at +393313090163. The sending of the communication may validly be replaced by the return of the purchased Product, provided that it is within the same terms. The date of delivery to the shipper will be authentic between the parties.
In the event of withdrawal, the Holder will refund the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 14 days from the day on which the User notified the Holder of his intention to withdraw from the contract.
The Holder will reimburse the User in the same payment methods used by the User for the online purchase.
The User must return the Products at its own expense, without undue delay and in any case within the period of 14 days from the date on which it notified the Holder of its decision to withdraw.
The User shall be responsible for the integrity of the Product for as long as the same property is in the User's possession and shall take all appropriate measures to preserve the Product and make every effort to ensure that the Product is returned in the best possible condition. The Product shall not have been subjected to any handling other than that necessary to establish the nature, characteristics and operation of the Product.

11. Conformity Warranty

All Products that fall under the category of "consumer goods", as governed by Article 128, 2nd paragraph of the Consumer Code, sold through the Site are covered by the legal guarantee of conformity provided for in Articles 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. It, therefore, applies, only to Users who have made the purchase through the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
To those who have purchased on the Site and who do not have the quality of Consumer will be applied the warranties for defects in the thing sold, the warranty for defect of quality promised and essential and other guarantees provided by the Civil Code with its terms, forfeiture and limitations (art.1490 et seq. c.c.).
A lack of conformity that becomes apparent within 24 months from the date of purchase of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, defects of conformity that become apparent within six months of delivery of the Product shall be presumed to have existed on that date, unless such presumption is inconsistent with the nature of the Product or the nature of the conformity defect. After the six months, it will be the User's responsibility to provide proof that the damage did not originate from misuse or improper use of the Product.
Pursuant to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to have the Product restored to conformity, without charge. To this end, the User may normally choose between the repair of the Product or its replacement. This right of choice may not be exercised if the remedy sought is objectively impossible or excessively onerous. In addition, the User shall only be entitled to an appropriate price reduction or termination of the contract if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has failed to repair or replace within a reasonable period of time; iii) the replacement or repair has caused significant inconvenience to the consumer.
If you wish to avail yourself of the remedies under the legal warranty accompanying the Products, you should contact the Owner at info@warmilitaria.it or call Customer Service at +393313090163. The Owner will promptly acknowledge the communication of the alleged conformity defect and will indicate to the User the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the reported defect.

12. Industrial and Intellectual Property Rights

The Owner declares that it is the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Site and/or the materials and content available on the Site.
These Terms do not grant the User any license to use the Site and/or individual Content and/or materials available therein, unless otherwise governed.
All trademarks, whether figurative or named, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, and logos appearing on the Site are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.
Any reproductions in any form of the explanatory texts and contents of the Site, if not authorized, will be considered violations of the Holder's intellectual and industrial property rights.

13. Limitation of Liability

The Owner assumes no liability for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the services purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence.
The User agrees to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by it, its representatives, contractors, consultants, directors, agents, licensors, partners and employees), from any obligation or liability, including any legal fees incurred in defending itself in court, that may arise in respect of damages caused to other Users or third parties, in connection with the Uploaded Content or the violation of the terms of the law or the terms of these Terms.
Therefore, the Owner shall not be liable for:
1. any loss that is not a direct result of the Holder's breach of contract;
2. any loss of business opportunity and any other loss, including indirect loss, which may be suffered by the User (such as, but not limited to, business losses, loss of revenue, income, profit or deemed savings, loss of contracts or business relationships, loss of reputation or goodwill value, etc.)
3. incorrect or unsuitable use of the Application by Users or third parties;
4. the issuance of erroneous tax documents due to errors related to the data provided by the User, the latter being solely responsible for correct entry.
In no case may the Owner be held liable for more than twice the amount of the cost paid by the User.

14. Force Majeure

The Owner shall not be held liable for failure or delay in the performance of its obligations due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as, by way of example but not limited to, failures or interruptions to telephone or power lines, the Internet network and/or in any case other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the provision of products, services or applications of third parties.
The performance of obligations by the Owner will be deemed suspended for the period during which force majeure events occur.
The Owner will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.

15. Linking to third party sites

The Site may contain links to third party sites. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites.
Some of these links may refer you to third-party sites that provide services through the Site. In these cases, the general conditions for the use of the Site and the use of the service prepared by the third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

16. Waiver

No waiver by either party of any article of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated in writing.

17. Invalidity of individual clauses.

If any provision of these Conditions is found to be illegal or invalid, it shall not be deemed a part of the Conditions and this shall not affect the remaining provisions which shall continue to be valid to the fullest extent permitted by law.

18. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be viewed at https://www.warmilitaria.it/en/content/6-privacy-policy

19. Applicable Law and Jurisdiction

These Terms and all disputes regarding their execution, interpretation and validity are subject to Italian law and the exclusive jurisdiction of the court of the place where the Owner is located.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the court of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the User-consumer's right to bring a case before a different court other than the "consumer forum" pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Civil Procedure Code.

20. Online dispute resolution for consumers

The Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services entered into online. Accordingly, the Consumer may use such platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following address: http://ec.europa.eu/consumers/odr/

Last updated 14/04/2018