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GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE www.relaxsanstore.com WEBSITE
 
Please read these General Terms and Conditions of Sale and General Terms and Conditions of Use of the RelaxsanStore website (the "Website") carefully. This document contains very important information about your rights and obligations.
 
A) TERMS AND CONDITIONS OF SALE
 
These terms and conditions ("Terms and Conditions of Sale") apply to your purchase of "Relaxsan" and "FarmaCell" products as they are offered on the Website ( "Products").
 
The Products offered on the Website are manufactured by Calze GT S.r.l. ("GT" or "Manufacturer") and sold by Wells Hosiery Inc. ("Wells" or "Seller").
 
Manufacturer or Seller may update these Terms and Conditions of Sale at anytime without prior notice.
When placing an order through the Website, you will be requested to accept the Terms and Conditions of Sale in force on the date of the order.
 
1) Purchase Orders
 
The Website may be used to order the Products directly online via the Internet from the United States only.
 
Orders for Products may only be placed on the Website by individual consumers, for personal use and not for resale. Any resale or distribution of the Products purchased on the Website is strictly prohibited.
 
While every effort is made to display as accurately as possible the colouring, design and style of the Products appearing in the Website, variations may occur due to the characteristics of your computer equipment. Accordingly, neither Manufacturer nor Seller shall be liable for any error or inaccuracy in the photographs or graphical representations of the Products displayed on the Website.
 
Our offers of Products and prices are valid subject to availability. Instructions about the availability of the Products will be given at the time of the ordering. In case of unavailability of a product after ordering, you will be informed of that as soon as possible, and you may either order a different Product shown on the Website, or cancel your order. If you cancel your order, you will be immediately refunded.
 
Prior to placing an order, you will be provided with an order summary containing the details of your selected items, quantities and prices. You should check carefully such summary before confirming your order.
 
Neither Manufacturer nor Seller shall be liable in case of stock outage or unavailability of Products.
 
Manufacturer or Seller reserve the right to change at any time and without any prior notice the Products offered on the Website.
 
2) Order Confirmation - Binding Agreement
 
All orders are subject to written acceptance by Seller. Orders will be confirmed by Seller in writing, by e-mail.
 
Seller's order confirmation and these Terms and Conditions of Sale shall be deemed the final and complete agreement between Seller and you on the matters contained in these Terms and Conditions of Sale.
 
Your order may not be amended or cancelled except in the cases provided for herein or according to the applicable law.
 
The data registered by the Website establish the proof of the whole transactions operated between Seller and its customers. In case of dispute between Sellers and one of its customers about a transaction made on the Website, the data registered by the Website are considered as an irrefutable proof of the transaction and its content.
 
3) Prices and Payment
 
The prices of Products are indicated in US $ (United States Dollars), excluding taxes and shipping costs.
 
Manufacturer or Seller reserve the right to modify the prices of Products at any time without prior notice to you. You will be charged the prices displayed on the Website at the time your order was confirmed provided the Products ordered were available at that time.
 
You are required to pay for any order placed on the Website immediately when sending your order. All orders are payable in US $.
 
We only accept payment by:
 
1.Credit/Debit cards of all the kinds accepted by the PayPal system;
2.Bank transfer at the following bank account:
UNICREDIT CORPORATE BANKING
Branch Nr. 6716 of MANTOVA
Corso Vittorio Emanuele, 88
46100 Mantova Italia
Account No. 000500013618
Swift code: UNCRIT2VMNW
Iban code: IT06M0322611500000500013618
 
Your order will only be dispatched once payment has been received.


4) Shipping and Delivery

 

Products purchased via the Website may only be delivered within the United States. Any orders containing a delivery address situated outside the U.S. will be rejected.

 

Products will be shipped to the delivery address specified during the ordering procedure. We shall not be responsible for any failed delivery due to subsequent changes of address.

 

You are responsible for the shipping costs associated with the delivery of Products you purchase through the Website. We will inform you of the shipping costs before you send your order. This amount will be payable by you in addition to the price, including taxes, of the Products ordered.

Delivery dates are deemed to be estimates only. 

Any failure to deliver or late delivery exceeding eight (8) business days should be reported to our customer service as soon as possible. In order for your claim to be accepted, please notify us of it within a maximum of thirty (30) calendar days from the date of confirmation of your order. 

 

IN ANY CASE, NEITHER SELLER NOR MANUFACTURER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES FOR FAILURE TO FILL, OR DELAY OR ERROR IN FILLING ANY ORDER, OR FOR ANY DELAY IN DELIVERY. IN CASE OF PROVEN FAILED DELIVERY ATTRIBUTABLE TO SELLER OR MANUFACTURER, YOU WILL BE ONLY ENTITLED TO REQUEST, ALTERNATIVELY, DELIVERY OF THE SAME PRODUCT FREE OF CHARGE OR REFUND OF THE PURCHASE PRICE PAID.

 

You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the Products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.

 

5) Return Policy

 

Please keep all original packing material, boxes, and documentation in the event that your merchandise needs to be returned. Items returned without all packing material may not be accepted.

 

You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the Products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.

 

If the Products do not conform to your order or you are not satisfied with them, you may return them and request either exchange or refund according to the following terms and conditions.

 

Returns

 

You are entitled to return any Product ordered via the Website within twenty (20) calendar days following the date of delivery.

 

Returns must be sent unused, in their original condition and packaging to the following address:
WELLS HOSIERY MILLS, INC
1758 South Fayetteville Street
Asheboro North Carolina 27205
USA

 

Returns will NOT be accepted, and refund or exchange will NOT be processed, if the Products returned have been opened, worn or are not in their original packaging.  Any Product that smells of smoke, perfume, lotions or laundry detergent will not be eligible for refund or exchange.

 

Returns must be shipped back to us using a sturdy corrugated cardboard box (NOT an envelope).  Failure to do so will result in a 15% restocking fee.

 

Seller or Manufacturer have the sole discretion in determining whether the Products are in their original condition when returned.

 

Neither Manufacturer nor Seller will be responsible or liable if any item you wish to return is lost, misdirected or delivered late.

 

Refunds

 

If you ask for a refund, we will use commercially reasonable efforts to ensure that any refund will be made within seven (7) business days of receipt of the goods returned. Full refund of the original purchase price of the merchandise, except for shipping charges, shall be provided.

 

Any credit card purchase requiring a refund amount of $100.00 or greater will incur a 4% charge to cover transaction fees.

 

If customer receives a return authorization number for a refund under false pretenses we reserve the right to refuse the refund.

 

Exchanges

 

Products returned in their ORIGINAL PACKAGING may be exchanged for Products of equal or greater value within seven (7) business days of receipt of the goods returned.  Products that have been worn or damaged can not be returned. Garments that have been tried on must be laundered prior to returning.

 

If you receive the wrong size, style, or color, we will replace or exchange the Product if timely returned (see "Returns" above), as long as it is in the original packaging and unworn.
 

Manufacturer Defects

 

Any gross Manufacturer's defect found within 30 days of wearing should be returned to us for a complete evaluation to be done by the Manufacturer.  We will contact you when we receive the results from the Manufacturer's evaluation.  Worn garments must be laundered before returning.  Garments returned to us unlaundered will be returned unevaluated.
 

Refused Delivery

 

Purchases refused at the time of delivery will be refunded minus shipping charges and a 10% restocking fee.

 

Requesting a Return

 

If your order qualifies for a Return or an Exchange, email our Returns Department at customerservice@relaxsanstore.com. Please provide the following information: Purchaser's Name, Order/Invoice Number, the Product Catalog Number that is being returned, reason for return, and the course of action that is being requested.  A return merchandise authorization number (RMA) will be emailed to you within 48 business hours of the request being received.  ANY ORDER RETURNED WITHOUT A RETURN AUTHORIZATION NUMBER WILL RECEIVE A 15% RESTOCKING FEE.


6) DISCLAIMER

 

IN NO EVENT SHALL SELLER OR MANUFACTURER BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF ANY DEFECT OR FAILURE OF THE PRODUCTS, BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SELLER OR MANUFACTURER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Notwithstanding any other provision hereof, in no event shall Seller's and Manufacturer's total liability relating to or in connection with any Products whether based on contract, warranty, tort (including negligence), strict Product liability or otherwise, exceed the actual amount paid by you for the Product(s) giving rise to the liability.

 

7) Force Majeure

 

Neither Seller nor Manufacturer shall be liable for any damages for delay in delivering Products or for failure to give notice of delay when such delay is due to acts of God, acts of the buyer, act of civil or military authority, war, riots, concerted labour action, shortages of materials or any other causes beyond our reasonable control. The anticipated delivery date shall be deemed extended for a period of time equal to the time lost due to any delay excusable under this provision.

 

B) TERMS AND CONDITIONS OF USE OF THE WEBSITE

 

The Website is operated by Manufacturer, who has granted Seller the right to sell the Products to US individual consumers over the Internet.

 

The use of the Website is subject to these terms and conditions ("Terms and Conditions of Use"). By using the Website, you accept to comply with, and be bound by, these Terms and Conditions of Use and the Privacy Policy for the Website ("Privacy Policy"), as set forth below.

 

Manufacturer and Seller may update these Terms and Conditions of Use and the Privacy Policy at any time without prior notice.

 

8) Security and Personal Data

 

The Website's Privacy Policy (see "Privacy Policy" section in the Website) governs the use of any personal information that you agreed to provide to us on this Website. Manufacturer or Seller may modify or amend the

 

Privacy Policy at any time as provided in the Privacy Policy.
The Website is not intended to minor children.

 

9) Intellectual Property

 

The Website, including any and all information and materials contained therein, are the Manufacturer's exclusive property. Any total or partial reproduction by any means (except as expressly provided herein), as well as any distribution, publication, transmission, modification or sale of any such information and materials contained on the Website, are prohibited.

 

The "Relaxsan" and "FarmaCell" trademarks and all other registered or unregistered marks and logos, displayed on the Website, as well as the domain name www.relaxsanstore.com are and will remain the exclusive property of Manufacturer. Any use of these trademarks for any purpose without prior, express agreement of Manufacturer is prohibited.

 

You may not remove or alter any copyright, trademark or other proprietary notice contained on the Website or any content thereof. You may access and view the content on the Website on your computer or other device and you may make a single copy of web pages published on the Website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.

 

10) Linking

 

The Website may contain links to third party websites not under the operation or control of Manufacturer or Seller. Such links are provided as a convenience only and can not be interpreted as an express or implied endorsement of such third party websites or any products or services offered thereon. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through such third parties websites. You may only provide a link to the Website if expressly authorized in writing by Manufacturer.

 

11) Limitation of Liability

 

Neither Manufacturer nor Seller shall be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the Website, even if we have been advised of the possibility of such damages.

 

12) Disclaimer of Warranty

 

Neither Manufacturer nor Seller guarantee or represent that the Website is free from viruses or other destructive material, or that the information contained on the Website are accurate, complete or up to date. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

 

The Website and its contents are provided on an "as is" and "as available" basis. Manufacturer and Seller expressly disclaim all warranties of any kind, whether express or implied, concerning the Website.

 

13) Governing Law, Jurisdiction

 

This agreement, including both the "Terms and Conditions of Sale" and the "Terms and Conditions of use of the Website", is governed by the laws of the State of North Carolina, without regard to its conflict or choice of law provisions. You acknowledge and agree that North Carolina is an appropriate place for venue of any litigation and that North Carolina courts have jurisdiction over this agreement and you.

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