Introduction

AW S.r.l. (hereinafter “AWvi”) is a company incorporated under Italian law whose registered office is in Sesto Fiorentino, in via dei Frilli 25, entered in the Companies Register of the Chamber of Commerce of Florence with REA No. FI-683508 and VAT No. IT07154470483, email address contact@awvi.life.

AWvi sells items of cosmetics and food supplements or dietary supplements (hereinafter “Products”).
The online sales service rendered by AWvi, as defined below, is subject to the application of these General Terms and Conditions, subsequent amendments and any other regulation or policy published by AWvi on its Website [https://www.awvi.life /], including the privacy policy and use of cookies, without prejudice to the mandatory rights recognised in respect of the consumer by its own national law.
The use of the Website and sending of an Order to AWvi to purchase Products present on the website imply agreeing to these General Terms and Conditions. When registering on the Website or placing an Order, agreeing to these General Terms and Conditions is expressly requested. In the event that the Customer does not want to agree to and/or comply with these General Terms and Conditions, AWvi invites them not to use the Website.
AWvi does not issue to Customers invoices that (i) indicate the amount of VAT charged and/or (ii) show the VAT number or any other relevant data of the Customer, vis-à-vis an online sale. Should the Customer desire to receive such kind of invoice, then the Customer is required to contact our customer service at contact@awvi.life.

Important

By agreeing to these General Terms and Conditions, the Customer undertakes to carefully read the terms indicated below, which will be specifically signed in order to confirm that they are fully understood:
- Transfer of the risk and properties of the Products (Art. 13);
- Right of withdrawal (Art. 14);
- Legal guarantees of sale and Faulty Product return (Art. 16);
- Limitation of AWvi’s liability (Art. 18);
- Termination of the Contract and Express Termination Clause (Art. 24);
- Applicable law and Competent court (Art. 31).

1. Definitions

“Online sales contract”: contract of sale concerning AWvi Products, concluded between the latter and Customers in the context of a distance selling system, by means of telematic tools, arranged by AWvi;
“AWvi”: the seller, related company or subsidiary, their respective managers, representatives, shareholders and employees;
“Customer”/“Customers”: the buyer/buyers as end consumers;
“My Account”: registered Customer’s personal account;
“Product”/“Products”: items of cosmetics, food supplements or dietary supplements produced in accordance with EU legislation and marketed by AWvi and offered for sale by AWvi;
“Product Sheet”: area of the Website dedicated to explaining the main characteristics of the Products, components and the recommended usage methods;
“Website”: telematic system, also in mobile mode, owned by AWvi or, in any case, managed and maintained by it on which the online sales service of Products is made available [https://www.awvi.life];
“Purchasing area”: this section of the Website, which can be reached from the personal profile or the home page, via which the Customer can place purchase orders for Products;
“Parties”: Awvi and the Customer jointly;
“Order”: Customer’s acceptance of the terms and conditions of sale of the Product selected. 

2. Scope of application of the General Terms and Conditions of sale online

These General Terms and Conditions govern the terms of the retail online sales Contract between the Parties, via the Website [https://www.awvi.life], as indicated in the Introduction, which form an integral part thereof.
Each Order placed using the Website is deemed to indicate full agreement with these General Terms and Conditions.

3. Purpose of the contract

AWvi proposes the retail sale of Products to Customers via the Website [https://www.awvi.life]. The sale takes place by means of telematic tools made available by AWvi.
The Products offered for sale on this Website are illustrated and described in the respective Product Sheet, available by clicking on each individual Product. Every Product with the AWvi trademark is made with high-quality raw materials, carefully selected and is MADE IN ITALY.
The Customer should refer to the description of every single Product, which will indicate also the relevant purchase price. All descriptions of Products, information and materials that appear on this Website are provided ‘as is’ and without any explicit or implicit guarantees, without prejudice to those provided for by law.
The choice of purchase of the Product is the sole responsibility of the Customer.

4. Usability of the Website by the Customer

The online sales service is only reserved for our Customers who are over 18 years old or in any case who have the full capacity to act and conclude the Online sales Contract according to of the law of their Country of residence.
AWvi cannot in any case be obliged to verify the ability to act of Customers when the declaration and the data provided by the Customer do not reveal anything to the contrary. In the case in which a person who does not have the necessary capacity to act (for example a minor), place an Order on the Website, notwithstanding the responsibility of their parents or legal guardians for this Order and the relevant payment, AWvi may refuse the Order and delete “My Account” taking any appropriate measures.
The Customer undertakes to use the Website [https://www.awvi.life] only to view Products or place legally valid Orders and for strictly personal use.
AWvi reserves the right to cancel Orders that it considers anomalous or not in line with the requirements of an end consumer.

5. Signing up on the Website and registration

The Customer can sign up on the Website at any time.
Registration takes place via an online registration process by means of which the Customer creates a personal account. The registration form can be reached from the "Log in” link located on the home page of the Website [https://www.awvi.life].
After having clicked on the "Create An Account" link the Customer will need to provide their first and last name, together with an email address and a password.
AWvi will send a confirmation communication, via which the Customer can directly access their "My Account", by entering the access credentials (email and password) indicated in the registration form.
Once they have entered "My Account", the Customer must then complete the registration by also entering their shipping address, billing address, a telephone number and further other useful data in order to facilitate the conclusion of the contract, such as their credit card details. Any data entered will be associated with their account, "My Account", and stored in full respect of the rules in force as indicated in the Privacy Policy.
Via "My Account" the Customer can have access various areas:
i) Personal information”: area containing all the information provided by the Customer during registration. The Customer can edit the information provided and their personal data at any time, via the "Edit Data” functionality;
ii) “Historical purchases”: area via which the Customer can view its purchase history;
iii) “Orders placed”: area via which the Customer can see the status of Orders placed. The Customer, in any case, will receive a communication via email confirming acceptance of the Order as well as a subsequent communication when the Products have been delivered to the carrier;
iv) “Received”: area via which the Customer can view his purchase history. The Customer, in any case, shall receive the details relating to each Order concluded to the email address provided during registration.
The Customer undertakes to only provide AWvi with complete, accurate and up-to-date information. In the case of incomplete or incorrect information, AWvi reserves the right not to proceed with the purchase Order sent by the Customer.
The Customer is solely responsible for the accuracy of the information provided to AWvi. In the case of a change to the personal data supplied, the Customer is obliged to immediately update the information provided in the “Personal Information” area.
The Customer is responsible for maintaining the confidentiality and security of the login credentials to their “My Account” and undertakes to inform AWvi of any loss, theft or in case of suspected unauthorised use.
The Customer may freely de-register and delete their registration by sending a simple communication to the following email address [contact@awvi.life] without giving any reasons. AWvi will confirm the cancellation to the Customer.

6. Conclusion and effectiveness of the Contract

The Contract is concluded exclusively by the Website [https://www.awvi.life].
The sending of the Order by the Customer to AWvi entails the obligation to pay the price of the Product. By sending the Order, the Customer expressly agrees to this obligation.
A registered Customer can perform their purchase online as follows.
To place their Order the Customer will need to read the Product Sheet carefully and, if considered adequate for their needs and if they wish to purchase the Product, they must click on the “Add to Cart” link of the Product selected. The Products chosen will be visible within the “Cart” area.
The contents of the “Cart” area can be displayed and/or amended by the Customer at any time before confirming the Order. To delete one or more Products from the “Cart” area, the Customer will need to select the Product that they no longer want to buy and click on “Remove from Cart”.
To finalise the Order and validly conclude the Contract, the Customer must click on the “Proceed with Purchase” link, provide, unless previously provided during the registration procedure (Registered Customer) delivery information, billing information if different from that of delivery and that needed to make the payment, by clicking on “Confirm Order and Pay”.
Before sending the Order, the Customer is obliged to:
i) carefully read the Product Sheet;
ii) check the details of their Order and the correctness of the data provided;
iii) carefully read and expressly agree to the Privacy rules and cookies, in addition to these General Terms and Conditions, by clicking “I have read and agree to the General Terms and Conditions of Sale online”;
iv) proceed with the payment of the price by clicking on “Authorise payment”.  

AWvi reserves the right to refuse the purchase Order sent by the Customer when:
- they have provided incomplete or incorrect personal data;
- they are under 18 years of age or do not have the full capacity to act or conclude the Contract;
- they have indicated a delivery address located outside the countries specifically indicated in these General Terms and Conditions;
- they have sent an anomalous Order or not in line with the requirements of an end consumer;
- they have been found to be in exceptional circumstances that have obliged AWvi not to accept the Order.
Once the Customer’s Order has been received, subject to AWvi’s rejection as specified above, the Contract is concluded.
AWvi will send a communication to the Customer’s email address containing the details of the Order.

7. Availability of the service

The Products will only be delivered to the following countries: EU countries, UK and the USA.
AWvi reserves the right, at its own unquestionable discretion, to restrict the availability of the service to only some of the Countries listed above.
AWvi also reserves the right to change, limit or suspend the functionality of the Website at any time, for the time required for its maintenance and development.

8. Prices

The price is present alongside each individual Product and is expressed in euros, GBP or USD depending on the destination country.
This amount may or may not include the cost of shipping (or extra charges if any), as specified during the process of placing an Order and which will depend (i) on the amount of the Order, and (ii) on the delivery method chosen by the Customer when placing the Order as shown more clearly in the Art. 11 below.
The price of each Product can be subject, for any reason, to changes at any time, however any changes will not affect the price of the Products for which AWvi has already sent an Order confirmation. The Customer is therefore asked to pay attention to the price in force when sending the Order.
Price includes VAT and import duties, if any.
Any provisions different from those hereinabove shall be clarified to the Customer during the purchase process, and shall prevail to the provisions of this Section 10.

9. Payment methods

The Customer can pay with Paypal or a credit card using one of the following circuits: Visa, Mastercard and American Express.

Purchases made on the Website [https://www.awvi.life /] are secure and guaranteed. Online payment using your credit card is completely risk free. The information relating to payments is encrypted during transmission and managed directly by Banca Sella. Under no circumstance will AWvi be informed of your credit card number nor will it process or keep the information provided on its own systems. AWvi will only receive notification of the positive outcome of the transaction.
To Guarantee maximum security when purchasing, the information relating to payments transmitted via the Internet are encrypted using the SSL (Secure Socket Layer) protocol.

For any assistance relating to billing, the Customer may contact AWvi’s customer service at [contact@awvi.life]

10. Shipping and delivery

The shipping and delivery of the purchased Product shall take place via the international delivery operator UPS (or a company directly or indirectly associated with the latter), through two types of service that may alternatively be available, depending on the delivery address, the costs of which shall be specified at the checkout.
1. “Standard” delivery: standard delivery takes approximately 3-5 working days to deliver the package, after it has been prepared.
2. “Express” delivery: express delivery takes approximately 1-2 working days to deliver the package, after it has been prepared.
Delivery shall be deemed to have been completed when the shipment is materially available to the Customer or third-party person indicated by them. Delivery will be proven by the signing of the delivery note at the address indicated by the Customer in the Order request or according to another procedure usually used by the courier.
AWvi undertakes to deliver the Products by the date indicated in the Order summary communication. If no date was indicated, the Product will be delivered within the estimated period when selecting the delivery method and in any event within a maximum period of 30 days from the Order confirmation date.
In the case of delays and/or changes to the Product ordered, AWvi will promptly notify the Customer, who may alternatively set a new delivery date or cancel the confirmed Order. If the Order is cancelled, AWvi will refund the Customer the full amount paid.
No deliveries are made on Saturdays and Sundays.

11. Delivery impossibility

If it is not possible to deliver the Product(s) ordered for reasons attributable to the Customer, AWvi will leave a note indicating where it is stored and how to collect it or book a new delivery. The Customer can contact AWvi to agree other procedures. After 30 days from the Order confirmation date without the Product having been delivered/collected by the Customer, the Contract will be deemed terminated for reasons attributable to the Customer.
AWvi will return the cost of a Product that is still saleable, which will be ascertained by AWvi. The shipping/delivery costs will be charged to the Customer.

12. Transfer of the risk and properties of the Products

The Customer assumes the risk of loss or damage of the Products when the Customer (or a third party designated by the Customer and other than the carrier) materially comes into possession of the Product.

13. Right of withdrawal

In the countries of the European Union, the Customer as the consumer has the right to withdraw from the Contract within 14 days of receipt of the Product, without any penalty and without specifying the reason as provided by law.
In order to be able to notify AWvi of the exercising of the right of withdrawal, the Customer must send, within 14 days of receipt of the Product by the Customer or by the third party indicated in the Order, notification to Customer Services at the following email address [contact@awvi.life], via an email by univocally communicating their desire to withdraw. In order to meet the withdrawal deadline, it is sufficient for the notification concerning the exercising of the right of withdrawal to be sent before the expiry of the withdrawal period.
Customer Services will check the regularity of the procedures for exercising the right of withdrawal by the Customer and in the case of a positive outcome will communicate to the customer the procedure to follow. The Customer must return the Product to AWvi within 14 days from the date of receipt of the aforesaid communication. To return the Product the Customer must only use the original packaging. In order to meet the withdrawal deadline, the Customer will have to return the Products before the expiry of the withdrawal period.
The shipping cost for the return of the Product shall be borne by AWvi, which however will not be obliged to reimburse the additional costs in the case in which the Customer has chosen a type of delivery other than the least expensive.
AWvi, within 14 days from the exercising of the right of withdrawal, will refund the Customer the entire amount paid by them. The refund will be made by the same method as used by the Customer to make the payment.
AWvi reserves the right to suspend the refund until receipt of the Product that is the subject of the withdrawal. After having assessed the integrity and saleability conditions of the Product, AWvi will notify the Customer of their right to a refund of the full amount paid.
For reasons of hygiene and related to the protection of health and safety, the right of withdrawal may not be exercised in the case where sealed or packaged Products have been opened or used and therefore have lost their integrity and are no longer saleable. In this case, AWvi will not provide any refund.
The Customer will bear the risks of returning Products as well as the decrease in the value of the Products resulting from the handling of goods other than that necessary to determine the nature, characteristics and operation of the goods.
For non-EU countries, the right of withdrawal referred to in this article shall not apply and, therefore, AWvi shall by fully entitled to decide whether or not to accept a Customer’s request, except in cases in which a Product is faulty.
In any case, returns, even if authorised, will need to be at the expense and under the responsibility of the Customer.
In the event of any queries or requests, the Customer can contact AWvi by using the contact form or by emailing the address [contact@awvi.life].

14. Product replacement

Again as regards EU countries, except as provided for in the previous article, the Customers may, if they wish, replace the Product(s) purchased within 14 days from delivery, by contacting Customer Services at the following email address [contact@awvi.life].
The shipping cost in case of replacing the Product is charged to the Customer.
The Product cannot be replaced if sealed or packaged Products have been opened or used and, in this case, AWvi will not proceed with any change. AWvi therefore reserves the right to suspend the change authorisation on receipt of the Product in order to check the integrity of the Product itself. After assessing the conditions of the Product, AWvi will communicate to the Customer the possibility of making the replacement and will refund the purchase price with the same method used by the Customer to make the payment.
If the Customers want to, they can make a new purchase, as provided by these General Terms and Conditions.
There are, by way of example, some cases in which the change request cannot be accepted:
- Opened and incomplete packages;
- Open bottles in which even the smallest part of the Product has been used;
- Products in which the seal, if present, is not intact.

15. Legal guarantees of sale and faulty Product return

AWvi guarantees the Customer that the Products will be free from manufacturing and material defects as well as in accordance with the descriptions published on the Website, providing the legal guarantee of compliance.
It is understood that the Products comply with the Contract if (i) they comply with the description given and have the qualities presented on the Website, (ii) are suitable for the use for which they are normally intended, (iii) show quality and characteristics which are normal in goods of the same type and which can be reasonably expected.
Once the Product has been received, the Customer must check its compliance.
In the case in which the Customer is aware that the Product received is faulty or does not conform to the terms provided by the Order sent or by these General Terms and Conditions, they must notify AWvi Customer Services immediately using the email address [contact@awvi.life] indicating the Order details and the differences found in the Product received.
AWvi will provide the Customer with the information necessary to be able to return the Product. These guidelines do not in any way constitute recognition of defects or non-compliances, whose existence must then be established once AWvi has received and examined the Product.
Once returned, AWvi will examine the Product and will notify the Customer of the outcome of the checks carried out using the address provided by the latter in the Order. If the Product is not covered by a guarantee, it will be returned to the Customer. Otherwise, AWvi will communicate whether it intends to proceed with the Product repair/replacement or refund the entire amount paid by the Customer.
The Product refund and/or replacement will be carried out as soon as possible and in any case within 14 days from the sending date of the acknowledgment by AWvi to proceed with the refund or the repair or replacement of the Product. In the case of a refund, the amount paid will be returned in full, including the delivery costs incurred to send the Product. The refund will be made by the payment method used to make the purchase.
The delivery costs for the return to AWvi of Products to be repaired or replaced, as well as all costs for the delivery to the Customer of the repaired or replaced Products will be solely borne by AWvi.
It is pointed out that European legislation, in relation to the sale and guarantee of a consumption good, provides for a minimum legal guarantee of 2 years. The individual Member States may require the consumer to report the defect found within 2 months from its discovery. Defects found within 6 months after delivery of the Product, are presumed, until proof to the contrary, already existing at the time of delivery.
In any case, the Customer as a consumer can use the internal legislation in their country of origin, if it is more favourable than that laid down in the European rules.
The legal guarantee of compliance is always applicable, provided that the Customer can provide the purchase receipt only.

16. AWvi’s liability

AWvi is liable for damages caused by intent or gross negligence.
Moreover, AWvi is responsible for failure to fulfil its obligations under these General Terms and Conditions which are essential for the provision of the Products. In this case, it is only liable for losses and damages that were reasonably foreseeable at the time of the Order.
That laid down in this paragraph does not limit or exclude rights provided for consumer protection or AWvi’s liability for damages resulting from death or injury or damage to health, due to a breach of a guarantee or for fraudulently concealed defects.

17. Limitation of AWvi’s liability

AWvi will not be liable for (i) losses which are not a consequence of a breach of these General Terms and Conditions by AWvi or (ii) loss of business opportunities (including lost profits, revenue, contracts, alleged savings, data, goodwill or unnecessary costs incurred) or (iii) any other indirect or consequential loss that was not reasonably foreseeable at the time of Order; (iv) damages (direct, indirect or consequential losses or costs suffered, paid or which it has encountered as a result of inability or incorrect use or the delay of the Website, but resulting from or related to use; (v) damages (direct, indirect or consequential losses or costs suffered, paid or which it has encountered as a result of negligence and/or inexperience in the safekeeping, storage and use of each Product attributable to the Customer; (vi) any delay or failure to fulfil its obligations under these General Terms and Conditions if the delay or the failure to fulfil obligations derives from unforeseeable circumstances or force majeure.
AWvi’s liability will in any case be limited to a maximum amount equal to the value of the Order.
The Website may contain links to third-party websites or resources. These are third-party services that AWvi is not liable for. The presence of such sites does not constitute an endorsement by AWvi; any request should therefore be addressed to the owner of the Website itself.
AWvi will do its utmost to ensure the continuous availability and accessibility to the Website, which however may be limited, without any liability for AWvi, due to the nature of the Internet, to ensure the capacity, security or integrity of our servers or to perform maintenance interventions.
These provisions do not restrict the statutory rights recognised to consumers by the legislation in force in the individual countries they live in.

18. Customer’s obligations

By agreeing to these General Terms and Conditions, the Customer undertakes to:
- comply with all their obligations arising from these General Terms and Conditions and the applicable legislation;
- provide correct and truthful information;
- pay the price of the Product purchased to AWvi, in the times indicated in these General Terms and Conditions;
- keep, store and use the Product in accordance with the precautions and minimum measures indicated by AWvi, in addition to those necessary related to the nature of the products themselves;
- hold harmless and indemnify AWvi from any liability, cost or expense, including legal fees, arising from the breach of these General Terms and Conditions.

19. Data protection, spam, security system, use of Cookies

AWvi undertakes to ensure the protection of personal data and any other information provided by the Customer.
The personal data and any other information provided by the Customer will be processed in accordance with the conditions laid down in EU Reg. 2016/679.
For more information, the Customer can read the Privacy Policy.

20. Complaints - Communications – Information

For any information or complaint, or for any communication relating to these General Terms and Conditions, the Customer will need to contact Customer Service at the email address [contact@awvi.life].
Under the applicable regulations, AWvi will inform the Customer by means of electronic communications (either by email to the address provided or via My Account in the case of a registered Customer). This communication method is accepted by the Customer.

21. Intellectual property

AWvi is the exclusive owner of all rights and titles relating to the AWvi trademark as well as every other kind of distinctive mark, including the graphic appearance of the Website, the interface and the structure.
No change, reproduction, publishing and transfer to third parties of any property rights on trademarks and any other intellectual property right of AWvi is permitted without the written consent of AWvi and, in any case, the contents cannot be used in any way. In the case of unauthorised use, the subject will have to fully allocate, transfer and assign these intellectual property rights to AWvi.
Any breach or use not in accordance with the law of the AWvi trademark and its distinctive marks constitutes a breach of intellectual property rights.

22. Assignment of the Contract

The Customer cannot transfer or assign the Contract and the rights and obligations arising from it for any reason, without the prior written consent of AWvi.
AWvi reserves the right to transfer, assign, subcontract and freely dispose of the Contract or the rights or obligations deriving therefrom. These transfers of the Contract will not have any impact on the Customer’s rights and does not in any way diminish the guarantees and responsibilities offered by AWvi.