TERMS OF SERVICE
General conditions of use
Date of last update: 13 May 2024
1. Introduction
Welcome to the www.within5149.com website, the official online shop of WITHIN 51/49 (hereafter the "Site" and “the company”).
Access and use of the Site is regulated by the General Conditions of Use (hereafter the "General Conditions"). The access and use of this Site, as well as the purchase of products, imply the reading, knowledge and acceptance of these General Conditions of Use, and General Sales Conditions.
If you do not agree with any or all sections of the Site General Conditions, please refrain from using this Site.
Anyone accessing and using the Site, implicitly declares not to use the Site for illicit purposes or those contrary to the applicable laws in force.
The company can modify or simply update these General Conditions, in full or in part. The changes and updates of the General Conditions will be notified to the users in the Homepage of the Website as soon as they become applicable, and they will be binding once published on the Website, in this section.
If any clause of these General Conditions are deemed illegal, null and void or ineffective for whatever reason, such invalidity or inefficacy shall have no effect on the validity or efficacy of the remainder provisions.
2. Contents of the site
The access and use of the Website, including the visualization of the web pages, communication with the company, possibility to download information on products and purchase of said products on the Website, constitute activities carried out by our users, exclusively for personal purposes and not related to any commercial, entrepreneurial and professional activity.
The Website contains hypertext links (the "links") to other websites which are not related to the Website. The company does not control neither performs monitoring activities on said websites and their contents. The company shall not be held liable for the web content of such sites or the rules adopted by the same regarding your privacy and the processing of your Personal Data whilst browsing their website. Therefore, please be careful when connecting to these websites through the links available on the Site and read carefully the relative conditions of use and regulations on privacy. Indeed, these General Conditions of Use and the Privacy Policy of the Site are not applied to websites managed by other subjects other than the company. The Site provides links to other websites, only with the purpose to facilitate its users in their search and navigation activities, and to facilitate the online hypertext connection to other websites. The activation of the links does not imply any recommendation or warning by the company for accessing and browsing these websites, neither any guarantee about their contents, services or products offered by said sites and sold to the Internet users.
3. Liability limits
By accessing the site, you will be the only one liable for the use of the Site and its contents. In fact, the company cannot be deemed liable for the use of the Website and its contents which is not compliant with applicable laws, by any of its users, granted the company's liability for wilful misconduct or gross negligence. In particular, you will be the only one liable for the communication of wrong, false information and data or relative to third parties, without their explicit consent, and for the improper use of said data.
In conclusion, since all the material will be downloaded or otherwise obtained through the use of a selected service at the user's risk, any liability for possible damages to the computer systems or losses of data due to downloading operations, will be borne by the user and cannot be attributed to the company. The company declines all liability for possible damages due to the impossibility to access the services offered on the Website or possible damages caused by viruses, corrupted files, errors, omissions, service interruptions, deletions of contents, problems related to the network, providers or telephone and/or telecommunication connections, non-authorized accesses, data alterations, lack and/or faulty operation of the user's electronic devices.
The user is liable for the preservation and use his/her personal information properly, including the login information that allows to access reserved services, and for any detrimental consequence or prejudice derived to The company or third parties due to improper use, loss, or stealing of said information.
4. Privacy policy
Please read carefully the Privacy Policy statement - in order to understand how the Site collects and uses your personal data and for which purposes - also applied to users that access the Site and use the relative services, even without purchasing any product.
5. Intellectual property rights
All the contents of the Website, in any format, published on the Website, including web pages, graphics, colors, schemes, tools, the characters and design of the Website, the diagrams, layouts, methods, processes, functions and software relative to the Website, are protected by copyright and any other intellectual property right boasted by WITHIN 51/49 and other rights of proprietors. The reproduction of the Website and its contents, whether in full or in part, is prohibited in any form, without the explicit written approval of the company. WITHIN 51/49 boast the exclusive right to authorize or forbid the direct or indirect, temporary or permanent reproduction, in any way or form, whether in full or in part, of the Website and its contents. With regards to the use of the Site, you are exclusively authorized to:
(i) view the Site and its contents;
(ii) perform any other temporary reproduction activity which is not related to any personal economic purpose, considered provisional or additional, and integral and essential activity for the visualization of the Website and its contents, and
(iii) any other navigation activity on the Website, performed exclusively in view of a licit use of the same site and its contents.
Any additional reproduction activity shall be authorized by the company from time to time or by the authors of the single works available on the Website, if needed. Said reproduction activities shall be anyhow performed for licit purposes and in compliance with copyrights and all the other intellectual property rights of WITHIN 51/49 and authors of the single works available on the Website. The authors of the single works published on the Site boast the right to claim the legitimacy of their work at any time, and to oppose to any alteration, editing or any other change of the same works, including any act that may cause prejudice to the works, and be detrimental for their image and reputation. You agree to comply with the copyrights of the artists that chose to publish their works on the Site of that have collaborated with the latter, to the creation of new expressive and artistic forms destined to be published, even if not exclusively, on the Site or that form an integral part of it. Moreover, you are not authorized under any circumstance, to use the contents of the Site and any single work protected by copyright and any other intellectual property right, in any way or form. For example and not limitedly to, you cannot alter or anyhow, modify the protected contents and works without the consent of WITHIN 51/49 and of the single authors of the works published on the Website, if needed.
6. Applicable law
The General Conditions are regulated by the laws of England & Wales and interpreted pursuant to the same, including, by way of example and not limited to, any disputes concerning the existence, validity and efficacy of the General Conditions and any other provision it refers to.
If you are a consumer, please refer to "The Consumer Code" plus any amendments and additions to the same, for further details on the juridical aspects regulated by these General Conditions.
7. Information
For assistance and/or information concerning orders and shipping, refunds and return of products purchased on the Website, suggestions and other general information on the services offered by the Website, please contact the company, by email at hello@within5149.com. For any other legal information, please consult the General Sales Conditions, Withdrawal and Privacy Policy.
8. Referral clause
Please refer to the General Sales Conditions for any aspects not contemplated by these General Conditions, as applicable.
General conditions of sale
Website publication and entry into force date 17/05/2024.
Subject
1.1. These general terms and conditions of sale (hereafter also the "Conditions") shall apply to the purchase of "WITHIN 51/49" brand products (hereafter the "Products" or individually the "Product") via the e-commerce website (hereafter the "Site") by users falling within the definition of "Consumers" pursuant to article 1.2 below. The Site, which is the property of Heliades ltd T/A WITHIN 51/49, with registered office oat C/O Grand Consultancy, 60 Millmead Business Center, Millmead Road, London, England, N17 9QU, VAT no. 464958539.
1.2. the owner sells the Products on the Site. The Parties involved in the purchase of Products via the Site shall be WITHIN 51/49 as Seller (hereafter the "Seller") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties"). The purchase order processing activities, including the delivery of the Products, shall be managed directly by the Owner.
1.3. The Seller holds all rights to the Site's domain name, the logos, the registered trademarks relating to the Products available on the Site and holder of all copyrights relating to the Site and its contents.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc. - shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address hello@within5149.com.
1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:
a) the withdrawal right referred to in article 10 shall not apply to the buyer;
b) the Product warranty referred to in article 8 shall not apply to the buyer;
c) no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.
1.9. The Consumer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
Product features and availability in the various geographical areas.
2.1. The products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Seller reserves the right to amend these Conditions of sale at any time, at his own discretion, without being liable to provide any notice to Website users. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Consumer is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
2.4. The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.
Product purchase procedure - Conclusion of each single purchase contract
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the 'print' button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the order confirmation email which will include a link to these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller's IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at hello@within5149.com.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.
Product selection and purchasing procedure
4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents: at this point, the Consumer, is required to carefully read and expressly approve these Conditions by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Consumer will also be asked to select a delivery option and a payment method from those available. If the Consumer selects immediate payment by credit card, Pay Pal or real-time bank transfer, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.
4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address hello@within5149.com.
Delivery and acceptance of goods
5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
5.2. The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the Consumer has selected the bank transfer payment method, the delivery term will become effective from the moment the Seller receives the payment.
5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, as quickly as possible, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery "with reservations".
Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site.
6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the United Kingdom, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility of the Consumer.
6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
Payments
7.1. Payment for Products purchased on the Site shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that processing of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller's bank account.
7.2. Payments for orders can be effected by credit card or PayPal at the conditions provided below. The Seller may allow additional payment methods, indicating them in the Website's payment section.
7.3. When payment is by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Shopify International Limited, with registered office in Dublin (Ireland), 1-2 Haddington Road, D04 XN32, registered in Ireland under number 560279 (Ireland, VAT number IE 3347697KH the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.4. Orders may be paid for by bank transfer to the Seller, where the Consumer shall use the "Swift" and IBAN codes indicated on the order confirmation, together with the order number.
7.5. The invoice/tax records relating to the purchase will be sent to the Consumer, where foreseen by applicable laws in force, in electronic format to the e-mail address provided by the Purchaser during the registration process, if the products are to be delivered to a recipient in the Italian territory, or attached to the purchased product in paper format, in all other cases.
Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty
8.2. Notwithstanding the term of prescription of 30 (thirty) months from the delivery day, the Consumer is required to report any defects and non-conformities of the products sending the relative form to the Customer Care Service at the address to the Seller's Customer Service by email to hello@within5149.com, clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt). Failure to do so will invalidate this warranty.
8.3. On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner's service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this e-mail will include the "RMA Code" Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the "RMA Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address:
Mark3 International Limited, Unit 1B Coln Industrial Estate, Colnbrook, Berkshire, SL3 0NJ, England
8.4. In cases of defects and/or nonconformities, the Consumer shall be entitled to have the conformity of the Product reinstated with repair or replacement of the same by the Seller, or alternate remedies. If the Seller undertakes to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the same e-mail address hello@within5149.com the bank details for the bank transfer in his favour, and allow the Seller to transfer the refund.
Defective Products Liability
9.1. With regards to potential damages caused by faulty Products, the provisions set forth under the Consumer Code shall be applicable. The Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, indicating, on receiving such request from the damaged Consumer, the identity and domicile address of the manufacturer of the product concerned.
Intellectual Property Rights
11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of WITHIN 51/49 and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2. Unless prior specific consent is granted in writing by WITHIN 51/49, no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
Protection of Consumer Personal Data
12.1. In order to proceed with the registration process, place an order and conclude this contract under these Conditions of sale, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and subject to the provisions of the Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Information Notice on the Personal Data Protection Code provided to the Consumer via the Site during the registration phase.
12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the "My Account" section on the Site, which can be accessed after logging in.
12.4. For any further information on how the personal details of Consumers are processed, please refer to the Privacy Policy and read the General Conditions of Use carefully.
Data Security
13.1. While the Seller takes all necessary precautions to protect personal data against loss, falsification, manipulation and improper use by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Shopify International Limited, with registered office in Dublin (Ireland), 1-2 Haddington Road, D04 XN32, registered in Ireland under number 560279 (Ireland, VAT number IE 3347697KH) which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
Applicable law, settlements and jurisdiction
14.1. Any sales contracts signed between the Seller and the Consumer under these Conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, the Consumer Code, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.
