These terms and conditions (“General Terms and Conditions”) apply to the subscription of Etifor’s Services by the User through the sections of this Website.

Therefore, the User is invited to carefully read the following General Terms and Conditions before adhering to any of the Services. The User who subscribes to a service on this Website declares to have read and fully accepted the following General Terms and Conditions.

Please also note that Etifor reserves the right to change the contents of these General Terms and Conditions from time to time, giving evidence thereof on this Website. The User is therefore invited to periodically consult this Website to check for any updates or changes.

Any changes will be effective after publication on this Website. The General Terms and Conditions applicable to the subscription to a service shall always be those in force at the time the relevant Order is placed.

For the purposes of these General Terms and Conditions, the following definitions apply:

• General Terms and Conditions: these general terms and conditions, through which Etifor intends to regulate the contractual relationship with the Users who have subscribed to one of the Services.
• Consumer: the User acting for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity possibly carried out.
• Credentials: the USER ID and PASSWORD chosen by the User during registration, to be used for the Website functions specified each time.
• Etifor: the company Etifor S.r.l. Società Benefit, VAT number IT04570440281, with registered office in Padua (PD) Piazza Alcide De Gasperi 41, Telephone: 342 5050297, e-mail: info@wownature.eu. Please note that Etifor is the owner of the WOWnature brand, as well as the owner of this Website.
• Membership form: the form on the Website through which the User registers and creates an account on the Portal to view his/her orders and details concerning the project he/she has decided to support.
• Order: the subscription to the Service offered by Etifor, made by the User through the procedures of the Website.
• Website or Portal: the web portal allocated on the domain wownature.eu (e-mail info@wownature.eu).
• Services: the services sold by Etifor through the “Grow a tree” and “Protect a forest” sections of the Website.
• User: the person who accesses the Site, browses and can subscribe to the Services, subject to registration, according to the procedure provided on the Website.

Registration coincides with the opening by the User of his/her account on the Website, following the specific procedure provided on the Website.

Upon registration, the User guarantees:

a) he/she is of legal age and capable of understanding (if he/she is a minor registration, data entry, and purchase procedure must be carried out by his/her parents);

b) he/she is the legitimate owner of the data entered, which shall be understood to be accurate, correct, complete and up-to-date;

c) he/she complies with all legal and contractual provisions applicable to the relationship with Etifor;

d) not to transfer his/her Credentials to third parties.

Etifor reserves the right not to accept the registration or Order request, as well as to remove a User’s account in all cases in which an abuse and/or violation of these General Terms and Conditions, irregularities, impropriety and the like can be identified. The User is solely responsible for accessing the Site using his/her Credentials and is responsible for all operations carried out on the same using the Credentials themselves.

The User can request the cancellation of his/her account at any time by sending an e-mail to the address: info@wownature.eu.

2.1 Features

The User can subscribe (by filling in the Membership Form in digital format to be sent to Etifor by e-mail, following the relevant instructions) to the following Services by accessing the sections of the Website indicated below. Please note that by placing an Order, the User expressly accepts these General Terms and Conditions.

a.“Grow a tree”

Etifor offers the User the possibility to join an environmental project for the growth and development of trees or plants in a specific area, according to the procedures indicated each time on the Website in the designated information sheet for that particular project.

By adhering to this Service, the User will receive, in return for the contribution paid, a digital certificate of “adoption” of one or more trees visible within his/her personal area on the Portal; moreover, Etifor will periodically e-mail updates regarding the project supported. When subscribing to the Service, the User shall indicate how many trees he/she wishes to have planted, choosing among the species available within each reforestation project.

Please note that no trees will be delivered to the User; in fact, the trees covered by the Service to which the User intends to adhere will only be planted within the lands affected by the environmental projects supported and visible in the relevant section of the Website. The User, therefore, will not be able to boast or claim any right of ownership over the co-funded trees or any of their fruit/products.

By accessing the “Give a tree” section of the Website through the link on the “Grow a tree” page, the User may also decide to give the co-funded tree as a gift to a third party. It should be noted, however, that the digital adoption certificate can be issued in the name of the recipient of the gift only after the latter has registered on the Website.

Also in this case, the provisions of the previous paragraph regarding the exclusion of the delivery of trees and the absence of ownership of the trees by the User and/or the third party recipient of the gift remain unchanged.

b. “Protect a forest”

By adhering to this Service, the User can co-finance an environmental project of forest management promoted by Etifor, from time to time, better described within the Website in the information sheet dedicated to such assignment.

Also, in this case, the User, in return for his/her contribution, will receive a digital certificate visible in his/her personal area of the Portal; moreover, Etifor will periodically e-mail updates about the supported project. Therefore, what is specified in the previous section a) regarding the exclusion of any right of the User to the delivery of tree elements and/or to the recognition in favor of the same of the ownership of any tree remains unchanged.

2.2. Fees

There is a minimum amount each User may pay to join and support a particular project and that amount is stated in the project description sheet.

• For the ‘Grow a Tree‘ Service, the price is determined according to the characteristics of the individual project. Therefore, the cost of each tree may vary from species to species and the same species may have different prices in different areas. The amount paid by the User will support the following activities by Etifor: (i) Purchase of the seed of the tree or plant indicated in the project from Etifor’s professional partner (nurseryman or similar) in order to carry out the procedure of cultivation of the seed and the blossom of the tree or plant, until it will be ready to be placed in the area identified in the project; (ii) Coordination with an expert professional in order to place the plant or tree.
• For the “Protect a Forest” Service, the price is determined according to the characteristics of the individual project and may therefore vary from project to project.

In both cases, the price to be paid by the User: (i) will be expressed on the Website in euros; (ii) will be paid according to the methods indicated at the time of the Order and, in any case, in a single installment; (iii) will already include all charges, including VAT. No further cost shall therefore be charged to the User.

2.3 Payment Methods

Payments may be made:

(i) by credit card. To guarantee the security of the transaction, we have chosen to use the technology created by the international company Stripe. For further information: https://stripe.com/it.

(ii) through the PayPal platform, where, after the log-in phase, you can complete the payment by debiting your credit card, bank account or Paypal wallet.

Etifor reserves the right to provide additional payment methods in the future.

In the case of payment by credit card, financial information (e.g. credit/debit card number or expiry date) will be forwarded via an encrypted protocol to the banks providing the relevant remote electronic payment services. Etifor will never use such information except to complete the procedures related to the purchase and to issue the applicable refunds in case of exercise of the right of withdrawal or if it is necessary to prevent or report to the Police the commission of fraud through the Website.

The price for subscribing to the Services will be charged when Etifor sends confirmation of receipt of the Order. Etifor’s confirmation of receipt of the Order will be sent by e-mail to the e-mail address provided by the User. Such e-mail will contain the constituent elements of the Order (order number, prices, method of execution of the chosen services). It is the User’s responsibility to check the accuracy of the data in the e-mail order confirmation and to promptly notify Etifor of any errors or omissions by writing to the following e-mail address: info@wownature.eu.

2.4. Service delivery methods

Etifor undertakes to use its best endeavors to ensure that both types of Service to which the User may have subscribed can be completed within 36 months from the Order confirmation.

However, such a timeframe is merely indicative and in no way binding on Etifor, as it may vary significantly depending on the conditions and seasonal cycles of the areas where the planting projects are to be carried out.

Significant variations may be communicated to the User through the personal area.

2.5. Force Majeure

Etifor cannot be held responsible for the total or partial non-fulfilment of any obligation set out in these General Terms and Conditions, if such non-fulfillment is caused by unforeseeable events and/or natural events beyond its control and responsibility, including, by way of example, natural events (disasters), acts of terrorism, wars, popular uprisings, etc..

It should also be noted that, for reasons of force majeure, the species selected by the User with the Order may not be available at the time in which the planting should proceed. Similarly, it may not be possible to proceed with the planting in the country indicated on the Website at the time the Order is placed by the User.

This could happen, for example, for:

1. impossibility to operate in the country indicated on the Website at the time of the Order due to climatic, ecological, political or social adversities, or operational difficulties in the proper management and maintenance of the project;
2. impossibility to operate, under safe conditions, in the countries where it is possible to plant the requested species;
3. failure of the species to take root in the nursery or high probability that the species, once transplanted, will not take root
4. impossibility to plant the species chosen by the User due to unforeseeable events beyond Etifor’s control, such as – for example – the sudden difficulty in finding the agricultural raw materials or the unexpected increase in the costs of planting and management of the species itself, caused by events unrelated to the relationship between WOWnature, Etifor and the User (for example, pharmaceutical discoveries) that do not allow to implement, under the agreed conditions, the agreement between the parties.
   
   

In the event of force majeure, the execution of the Order may be modified, suspended and/or canceled (subject to reimbursement in the latter case) following appropriate notification to the User. By accepting the General Terms and Conditions, the User consents to such changes (e.g. variation of the species chosen); it is understood that Etifor will plant the same number of trees requested during the Order process.

2.6 Withdrawal

The right of withdrawal is excluded unless the User is a Consumer. In the latter case, the User may exercise that right within 14 days from the date of the submission of the Order by sending Etifor a written communication to the contact details under paragraph 5. However, the exclusions set out in Article 59 of the Italian Consumer Code shall apply. In particular, the right of withdrawal shall be excluded:

– where the amount paid by the User is less than EUR 50.00 (Article 47, coma 2 of the Italian Consumer Code);

– in any case, where the Service has already been performed. It should be noted that in case of subscription to the “Give a tree” Service, the Service will be considered already completed when Etifor has given notice of the gift to the third party recipient.

Etifor is not liable:

̵  for any prejudice deriving from the use of the Website and the Services by the User in a manner different from the provisions of these General Conditions;

̵  for any prejudice deriving from the use by the User of the Services not provided directly by Etifor;

̵  for cases of force majeure such as, by way of example, IT or electronic failures, technical failures of the Website, blockage of telecommunications including networks and in particular the Internet;

̵  for any damage that may arise to Users as a result of the suspension of the Website and Services in cases of force majeure;

̵  for the information, data and content entered, transmitted by the User through the Website and the Services including services not provided directly by Etifor;

̵  for any damage deriving to the registered User from the loss / loss / illicit or abusive use of the Credentials.

Any information regarding Etifor’s use of  personal data can be found at the following link: https://www.wownature.eu/en/privacy-policy/.

For any information, communication and/or complaint, the User may contact:

WOWNATURE

c/o Etifor S.r.l. Società Benefit

Piazza A. De Gasperi 41 – 35131 Padua, Italy

VAT NUMBER IT04570440281

(Italian electronic invoicing) recipient code: SUBM70N

Phone: +39 342 5050297 (Monday to Friday, 9 am -1 pm and 2 pm – 6 pm Italian time – excluding holidays).

WOWnature assistance service: info@wownature.eu

Pec: etifor@pec.etifor.it

The Website, the “Etifor and “WOWnature” brands and the wownature.eu domain name and all the contents of the Website (including, by way of example but not limited to, texts, documents, images, logos, photographs, the layout of the pages, the design and know-how) are the exclusive property of Etifor, which is also the owner of the related intellectual property rights. Any use and reproduction (even partial) of the logos relating to the aforementioned brands, on any type of support, as well as of the elements and contents of the Website are formally prohibited. The trademarks and logos of the platforms that grant payment instruments, social networks, couriers and similar and any other logo not directly or indirectly attributable to Etifor are the property of their respective owners and are indicated on this Website for informational and service purposes only.

These General Terms and Conditions and the Services described herein shall be governed exclusively by Italian law.

For all matters not expressly provided for herein, reference is made to the provisions of the Italian Civil Code and the Italian Consumer Code, where applicable.

If the User is a Consumer, for the resolution of disputes arising from the application of these General Terms and Conditions, he/she may first resort to the out-of-court dispute resolution procedures, according to Articles 141 to 141 decies of the Italian Consumer Code.

However, the User-Consumer may in any case have the possibility to assert his/her rights through ordinary legal proceedings before the court of his/her domicile.

In all other cases, the Court of Padua shall have exclusive jurisdiction for disputes resolution.

Any communication between the Parties shall be considered valid and effective if made, with reference to Etifor, at the addresses indicated in these General Terms and Conditions under the “Customer Service” section (as may be updated) and, with reference to the User, at the e-mail address communicated at the time of registration or that subsequently changed and shared to the other party.