Art. 1
Scope of application
1.1. The following general conditions (as they may be subsequently modified) (the « Conditions« ) apply to the services made available online (and better described below), directly or indirectly, by Wora S.r.l., based in Milan (MI), via A. Albricci 8, VAT number 11446000967 (« Wora« ) through the technological supports provided by Wora itself, i.e., the Wora app or website or through API integration with the user’s e-commerce site (the « Platform« ). By accessing the Platform, registering, using it, making a reservation and/or requesting a service, the Client declares to have read, understood and accepted the terms and conditions set out below.
Art. 2
Object
2.1 Through the Platform, Wora performs the activity of transport and delivery service of the Client’s products (the « Products« ) to their final recipients (the « Recipients« ) within the Area (as defined below) as well as any ancillary services that may be agreed (including, for example, the collection of returns from the Recipient for redelivery to the Client) (the « Service« ). Notwithstanding the provisions of the following art. 3, the Client undertakes to communicate to the Carrier, through technological supports prepared by the Carrier for this purpose (i.e., the Carrier’s app or website or through API integration with the Client’s own e-commerce site, the « Platform« ): (i) the place of collection of the Products, (ii) the place of delivery of the same; (iii) the number and type of products; and (iv) the timelines within which the Carrier must carry out the collection, transport and delivery of the Products (the « Client’s Request »). The Client’s Request must be considered as a contractual proposal of the Client himself to Wora; only following the acceptance by Wora (also for conclusive facts) can it be considered, from time to time, concluded a legally binding contract between the Parties and Wora will be obliged to provide the Client with the Service subject of the Client’s Request according to what is indicated therein.
Art. 3
Client’s Request. Products
3.1 Client’s Request
3.1.1 The Client’s Request must be formulated in accordance with the following provisions:
(i) as for the area covered by the Service, the surface area of the Municipality of Milan (the « Area »); and
(ii) as for the timing of the Service, not before 3 (three) hours after the collection time indicated in the Client’s Request.
3.2 Products
3.2.1 Unless otherwise agreed in writing, the Service may cover Products with the following characteristics:
(i) as for the dimensions, the single side of the Product (including any packaging) must not exceed 60 (sixty) cm;
(ii) as for the weight, the Product (including any packaging) must not exceed 10 (ten) kg in total.
3.2.2 Upon written agreement between Client and Carrier, the following Products may be the subject of the Service, with dimensions and weight different from what is indicated in the previous art. 2.2.1 as well as the following Products:
(i) pharmaceutical products;
(ii) alcohols;
(iii) art objects and antiques;
(iv) metals and precious stones, jewelry in general and watches;
(v) documents, offers for participation in public or private competitions and valuables.
3.2.3 The Service, in no case, may cover the following Products:
(i) live or dead animals;
(ii) corpses and human remains (even if cremated);
(iii) negotiable titles and certificates;
(iv) currency
(v) armament material, firearms, and bladed weapons;
(vi) waste and toxic materials.
3.3 Packaging of Products
3.3.1 The Client undertakes to carefully package the Products before they are collected by the Carrier, in such a way as to allow the latter to carry out regular loading, unloading and handling operations in order to prevent damage, destruction, malfunctions and deterioration of the Products themselves, notwithstanding that the damages caused by the lack of or negligent packaging (also considering the type of Product for which the Service is requested) will fall exclusively on the Client.
Art. 4
Product Delivery
4.1 Product Delivery
4.1.1 The Carrier undertakes to deliver the Products to the Recipient’s address indicated in the Customer’s Request, it being expressly understood that the Products to be delivered to addresses with a central or unified reception service will be delivered to the staff assigned to that service.
4.1.2 The Customer acknowledges that the route for the delivery of the Products in execution of the Service will be decided by the Carrier in full autonomy and, therefore, the Carrier will also be free to make intermediate deliveries of products (other than the Products) to recipients (other than the Recipient).
4.2 Recipient’s Unavailability
4.2.1 In case the Recipient is not available, the Carrier must promptly inform the Customer to receive instructions in order to, where possible:
(i) organize a second attempt to deliver the Products based on timings and methods that will be agreed directly between the Customer and the Recipient; or, alternatively,
(ii) return the Products to the Customer.
4.2.2 The Carrier, at the expense of the Customer based on what is indicated in the following article 6, may hold the Products at its own warehouse or deposit them at a third-party warehouse, informing the Customer:
(i) in the absence of timely instructions from the Customer, in case of the Recipient’s unavailability at the first attempt to deliver the Products;
(ii) while waiting for the execution of the second attempt to deliver the Products or to return them to the Customer.
4.2.3 The Customer undertakes to pay the Carrier the Fee (as defined below) due for the second attempt at delivery or return to the Customer himself and, if due, the possible Warehouse Fee (as defined below), based on what is indicated in the following article 6.
4.2.4 After a further 15 (fifteen) days without the Products in stock being delivered to the Recipient or returned to the Customer, the Carrier may proceed to enforce its claims on the Products, also by assigning the Products in stock according to and for the purposes of art. 2756, paragraph 3, c.c., 2761 c.c., 2797 c.c. and 2798 c.c. It is understood that, if the Products are perishable in nature, the aforementioned period of 15 (fifteen) days is reduced to 7 (seven) and the Customer – also pursuant to and for the purposes of art. 1381 c.c. – authorizes the Carrier to destroy the Products, without the latter being held responsible in any way towards the Recipient of the same.
4.3. Limitations of liability
4.3.1 The Carrier’s liability for the risks of loss or damage to the Products during the Service is governed by art. 1696, paragraph 2, c.c., except in the case of proven theft of the Products for which the Carrier can compensate an amount equal to the value of the transported Product within the limits, for each transport, of the maximum value insured under the insurance taken out by the Carrier with a primary insurance company.
4.3.2 Except in cases of willful misconduct or gross negligence and in any case unless otherwise agreed in writing between the Parties, Wora cannot be held liable for damages, charges or losses (including economic or reputational) resulting from non-compliance with the obligations to which it was bound by the contract governed by these Conditions nor for delays in the collection, transport or delivery of the Products.
4.3.3 All claims for compensation must be submitted in writing to the Carrier within and no later than thirty (30) days from the date of the Client’s Request. After the said deadline, the Carrier will not be held responsible in any way.
4.4. Force Majeure
4.4.1 In the execution of the Service, the Carrier is not responsible in case of loss or damage to the Products, delay and/or errors in the delivery of the Products due to unforeseen impediments, independent of its will, including – but not limited to:
(a) war (declared or not), hostilities, invasion, acts of a foreign enemy, extensive military mobilization;
(b) civil war, riot, rebellion, revolution, military force or usurpation of power, insurrection, acts of terrorism, sabotage or piracy;
(c) currency or trade restrictions, embargo, sanctions;
(d) acts of authority, legitimate or illegitimate, observance of laws or government orders, rules, expropriation, confiscation of goods, requisition, nationalization;
(e) plague, epidemic (including the worsening and/or return of the Covid-19 epidemic and the measures consequently adopted by international, national and/or local authorities), natural disasters or extreme natural events;
(f) explosion, fire, destruction of equipment, prolonged suspension of transport, telecommunications or energy;
(g) generalized social conflicts, such as in particular boycott, strike and lockout, white strike, occupation of factories and buildings.
Art. 5
Use and Operation of the Platform
5.1 The Carrier may condition the access and use of the Platform or some areas or functionalities thereof to certain requirements or conditions, including, for example, the completion of an identity verification process and the satisfaction of specific quality or suitability criteria.
5.2 The account set up by the Carrier for the Client is subject to the latter’s full control. The Client therefore undertakes to adequately protect the credentials necessary to access their Account and not to transmit the credentials to third parties.
5.3 The Carrier undertakes to implement appropriate information security systems to protect the credentials of any individual operating on the Platform itself, even availing itself of the professional collaboration of third parties specialized in adopting such measures.
5.4 If, despite the adoption of these measures, a data breach occurs, the Platform’s managers commit to promptly inform the Supervisory Authority and the individuals whose data have been violated, in compliance with the provisions of EU Regulation 2016/679.
5.5 In any case, neither the Carrier nor any of its officers, directors, employees, and agents can be held responsible for damages (direct, indirect, consequential or punitive), losses, or costs suffered or incurred due to the unavailability or delay of the Platform.
5.6 Wora exclusively holds all rights, titles, and interests in terms of – and towards – intellectual property concerning the graphical appearance and the general interface (including the infrastructure) of the Platform. No one is authorized to copy, derive, report via link, publish, promote, integrate, use, combine, or in any other way use the contents without Wora’s express written approval. In the event that an individual uses or combines (in part or entirely) Wora’s content or in any other way takes possession of any intellectual property right of the Platform or any content, they will have to attribute, transfer, and fully assign such intellectual property rights to Wora. Any non-compliant use or any of the actions or behaviors mentioned above constitutes a material violation of Wora’s intellectual property rights.
Art. 6
Payments
6.1 The fee acknowledged in favor of the Carrier is determined based on the sum of the 3 (three) sides of the Product to which each Client’s Request refers, as set forth below:
(i) Euro 6.90 (six/90) plus VAT, if the sum of the 3 (three) sides of the Product is less than or equal to 100 (one hundred) cm;
(ii) Euro 9.90 (nine/90) plus VAT, if the sum of the 3 (three) sides of the Product is between 100 (one hundred) and 120 (one hundred twenty) cm;
(iii) Euro 11.90 (eleven/90) plus VAT, if the sum of the 3 (three) sides of the Product is between 120 (one hundred twenty) and 150 (one hundred fifty) cm;
(the items under (i), (ii), and (iii), the “Fee”).
6.2 The Fee referred to in the previous paragraph 6.1 will also be due in the case of a second delivery attempt or return to the Client as per the previous paragraph 4.2.3.
6.3 The fee recognized to the Carrier for each day of storage of the Products in the warehouse (the « Warehouse Fee ») is equal to Euro 5.00 (five) for each Product, it being understood that – for the purposes of this paragraph 6.3 – a « day of storage » indicates the day (or fraction of a day) in which the Products will remain in deposit at the Carrier’s warehouse or at a third party’s warehouse.
6.4 The Client, when confirming the Client’s Request through the Platform, commits to pay the Fee and any Warehouse Fee at sight, through the specific payment service made available on the Platform related to the Service.
6.5 The payment is securely charged to the Client’s credit/debit card, or to their PayPal or Satispay account or other equivalent payment systems selected by Wora, and credited to Wora’s bank account, through the management of a third party. The Client authorizes, now for then, Wora: (i) to charge the Fee related to the second delivery attempt or the return of the Products to the Client themselves (in addition to any Warehouse Fee) on the Client’s credit/debit card, or on their PayPal or Satispay account or other equivalent payment systems selected by Wora; and (ii) to credit the aforementioned amounts on Wora’s bank account, through the management of a third party.
6.6 In case of fraud or unauthorized use of the credit card by third parties, Wora assumes no responsibility for the related refund.
6.7 The Carrier, within the first week of the month following the one in which the Service was provided, will issue an invoice relating to the Service performed in the previous month.
6.8 It is understood between the Parties that the provision of the Service by the Carrier is subject to the actual payment of the Fee and any Warehouse Fee and its correct execution through the payment service selected on the Platform. The Client therefore declares to be aware that the Service will be executed only upon the correct completion of the procedure provided for submitting the Client’s Request and if the Platform, at the end of the procedure, has returned a confirmation message about the successful payment of the Fee and any Warehouse Fee.
6.9 If the Client fails to pay the Fee and any Warehouse Fee at the agreed deadlines, the Carrier will have, at its indisputable discretion, the right to:
(i) suspend, also pursuant to and for the effects of art. 1460 of the Civil Code, the execution of any Service until the Client has remedied their default, without any liability on the part of the Carrier arising from any delays thus generated, even towards third parties; or
(ii) immediately terminate the contract governed by these Conditions, in which case the Client will be required to pay the Carrier the Fee and any Warehouse Fee accrued pro-rata temporis, without prejudice to the right to any greater damage. The Carrier will also have the right to collect from the Client the reimbursement of all costs and expenses already incurred (even if not yet due) in which the same may have incurred for the performance of the Service in favor of the Client.
Art. 7
Term and Termination
7.1 The contract governed by these Conditions will be made for an indefinite period.
7.2 Each Party may withdraw from the contract governed by these Conditions by sending the other Party a written notice by registered mail or PEC (Certified Electronic Mail) with 15 (fifteen) days notice.
Art. 8
Representations and Warranties
8.1 The Client declares and guarantees the following:
(i) the information provided to the Carrier with the Client’s Request is truthful, complete and accurate;
(ii) the delivery of the Products to Wora for the performance of the Service does not violate any provision of law or Authority;
(iii) the Products have been packed in secure premises, by qualified staff of the Client and appropriate protective measures have been taken to prevent damage to the Products during the performance of the Service by the Carrier;
(iv) the Client has obtained all the necessary consents to conclude the contract governed by these Conditions;
(v) the Client has obtained all the necessary consents to allow the Carrier to process the personal data of the Recipient, where necessary for the performance of the Service;
(vi) the Products referred to in the Client’s Request are not Products excluded from the Service under the preceding arts. 3.2.2 and 3.2.3;
(vii) the Client is 18 years of age or older or is an organization, business or other legal entity duly established, validly existing and in good standing under the laws of the country of incorporation and has the legal capacity necessary to enter into legally binding contracts.
8.2 The Client undertakes to indemnify and hold the Carrier harmless for any loss or damage it may suffer if any of the representations and warranties in the preceding Art. 8.1 should not be truthful and correct.
Art. 9
Communications
9.1 Unless otherwise provided herein, all communications related to the contract governed by these Conditions, under penalty of ineffectiveness, must be sent by certified email (PEC) or by registered mail with return receipt to the addresses that each Party has previously communicated to the other Party, it being understood that the Client accepts from now on that the Carrier may make communications concerning the Service also through the Platform.
Art. 10
Miscellaneous
10.1 The Carrier reserves the right to modify these Conditions. Each amended version of the Conditions is valid and effective from the date of its notification to the Client in writing or via the Platform. If the Client does not wish to accept the amended version of these Conditions, they may withdraw within the following 15 (fifteen) days by giving written notice to the Carrier by certified email (PEC) or by registered mail with return receipt. By continuing to access the Platform, the Client expressly accepts the updated version of the Conditions, as amended from time to time.
10.2 These Conditions (together with what is attached to them, which constitutes an integral and substantial part of them, also for their interpretation) represent the only valid agreement between the Parties and any other preliminary document is to be replaced by these Conditions and is completely devoid of any effect, even for interpretative purposes.
10.3 Any tolerance of a Party in the case of non-compliance by the other Party with the provisions of one or more of the clauses provided in these Conditions cannot be interpreted as a waiver of the rights and powers deriving from the same clauses, it being understood that any modification of one or more of the said clauses will be binding only if drafted in writing and signed by both Parties. Any waiver of a right and/or power provided for by these Conditions and related to one or more events or clauses must be made in writing and will be effective exclusively with respect to such events or clauses, and cannot in any way be extended to other events or clauses or to the same clause in relation to different events.
10.4 The subsequent invalidity or ineffectiveness of one of the clauses provided by these Conditions will not compromise the effectiveness and/or validity of the same as a whole and the Parties will act in good faith to replace said clause in order to respect their original intention.
10.5 None of the Parties may assign the contract governed by these Conditions and/or the rights and/or obligations deriving from it without the prior written consent of the other Party.
10.6 The Parties undertake to keep these Conditions confidential and not to communicate them to third parties, except that the disclosure of such information is required by laws or regulations or in the context of judicial proceedings.
10.7 The Parties will process the mutually provided data in compliance with the applicable regulations on the processing of personal data and, in particular, with EU Regulation 679/2016, as far as applicable to these Conditions, as provided in Annex 10.7.
Art. 11
Applicable Law. Competent Court. Reference Norms.
11.1 The contract governed by these Conditions is governed by Italian law and, therefore, must be interpreted in accordance with the same.
11.2 The Court of Milan shall have exclusive jurisdiction for any dispute arising from the application, interpretation or execution of the contract governed by these Conditions.
11.3 For everything not governed by these Conditions, reference is made to the provisions of articles 1678 and following of the Civil Code on the contract of transport.
The Client declares to specifically approve, under and for the purposes of art. 1341, 2nd paragraph, c., the following provisions: art. 4.1.2 (Route for the delivery of the Products); art. 4.2 and its sub-paragraphs (Unavailability of the Recipient); art. 4.3 and its sub-paragraphs (Limitations of liability); art. 4.4 (Force majeure); art. 5 (Use and operation of the Platform); art. 6.4 (Use of payment methods by third parties); art. 6.7 (Consequences of non-payment); art. 7 (Duration); art. 8.2 (Hold Harmless); art. 10.1 (Unilateral amendment); art. 11.2 (Exclusively competent court).