Terms and Conditions

Publication date: 10/25/2024

1. Subject

1.1 These terms and conditions("T&C") concern the use of the website https://www.wetacoo.comand related digital applications (the "Platform") as well as thelogistics services offered by Wetacoo Srl ("Wetacoo") to the Customer(the "Services", or the "Service"). These includetransport, on demand storage, goods storage, removals, furniture assembly,handling of goods and, in general, whatever is indicated in the quote acceptedby the Customer through signature or via the Platform (the "Quote").

1.2 The Customer’s acceptance ofthe Quote and the T&C determine the conclusion of the contract betweenWetacoo and the Customer (the "Contract"). The Contract is thereforecomposed of the T&C, of all documents referred to therein, including theQuote, and of the privacy policy.

2. Account

2.1 To use the Services, theCustomer must activate a user account through the dedicated page on thePlatform and enter the necessary data.

2.2 By activating the accountthe Customer declares having reviewed Wetacoo’s privacy policy and guaranteesthe correctness and truthfulness of the information provided, assuming fullresponsibility for it. The Customer acknowledges and accepts the possibilitythat Wetacoo may store, process and use personal data for purposes inherent tothe provision of the Service. For further details regarding data processing andprivacy, refer to Wetacoo’s privacy policy available at the address PrivacyPolicy.

2.3 In case of use of false dataor untruthful information, or in the event that these Terms and Conditions areviolated, Wetacoo reserves the right to close the account and terminate thecontract pursuant to art. 1456 of the Italian Civil Code.

3. Performance of theServices

3.1 The Services may beperformed by Wetacoo, or by the auxiliaries appointed by Wetacoo, and aredistinguished into:

•      Removal or transport services: composed of the pickupof goods (Art. 4.) and delivery (Art. 6.);

•      Storage services: composed of the storage of goods(Art. 5.) and their eventual pickup (art 4.) and/or delivery (Art. 6.);

•      Accessory services: include various activities carriedout at the place indicated by the Customer in the absence of a removal orstorage service, such as by way of example the handling of goods, portering,disposal and assembly of furniture and equipment.

4. Pickup

4.1 The activity of picking upgoods (the "Pickup") provides, in case of storage service, for thetransport of the Customer’s items to a warehouse indicated by Wetacoo (the"Warehouse"), or, in case of removal or transport services, directlyto the delivery address indicated by the Customer. The Pickup may also providefor the cataloguing of each package taken in charge by Wetacoo (the"Inventory"), portering, furniture disassembly, packing of objects,and/or other activities indicated in the Quote.

4.2 By entrusting the items toWetacoo and/or to the auxiliary appointed by Wetacoo, the Customer expresslyauthorizes Wetacoo and/or the appointed auxiliary to carry out the transport ofall the items.

4.3 Wetacoo reserves the rightnot to pick up (i) items different from what was indicated by the Customerbefore the performance of the Service, (ii) packages weighing more than 20Kgeach, or packed inadequately, (iii) loose items or items packed in non-stackablecontainers that do not offer sufficient protection such as bags or backpacks.Should the objects not be suitable for transport or storage, the Customer mustbear the costs relating to the adaptation (where possible) or waive theirpickup.

5. Storage

5.1 The storage activity (the"Storage") consists of the management and custody of the Customer’sitems within the Warehouse upon payment by the Customer of an advance monthlyfee (the "Monthly Fee") and more generally of whatever is indicatedon the Quote.

5.2 Storage begins from themoment the goods enter the Warehouse and renews automatically every month untilthe delivery of all the goods. No partial refunds of the Monthly Fee paid bythe Customer to use Wetacoo’s Services are provided. Storage stops at themoment all objects are returned to the Customer, with the consequent cessationof all Wetacoo’s responsibilities related to the returned objects.

5.3 Customers cannot have directaccess to the Warehouse where the objects are stored. The management andhandling of incoming and/or outgoing goods can take place exclusively throughWetacoo’s staff or the auxiliaries authorized for this purpose.

5.4 The Customer may request thepickup of other objects ("Additional Pickup"), with costs and timingto be defined based on the request. The same conditions provided for the Pickupunder art. 4 apply to the Additional Pickup.

5.5 In the event that theCustomer requests Additional Pickups and/or the delivery of some or all oftheir goods, the Monthly Fee may be adjusted by Wetacoo by virtue of the newspace occupied by the stored objects.

5.6 Should the Customer havebenefited from a discounted rate committing to use the Storage for a minimumperiod of time, the Customer may request the delivery of the goods before theexpiry of such period but must first settle the Monthly Fees outstanding toreach the minimum period provided.

5.7 Subject to confirmation byWetacoo, the Customer may transport and/or collect their own objectsindependently at the Warehouse. The relative unloading and/or loading of thelatter must be performed directly by the Customer or their auxiliary in the appropriatearea of the Warehouse indicated by Wetacoo. Wetacoo reserves the right tocharge any costs for the retrieval and preparation for loading of the items atthe minimum rate of €25/hour, plus VAT, per worker.

5.8 Should the objectstransported by the Customer not be suitable for storage, the Customer must bearthe costs relating to the adaptation (where possible) at the minimum rate of€25/hour, plus VAT, per worker or waive their storage.

6. Delivery

6.1 The delivery activity("Delivery") consists of the return of the Customer’s items to thedelivery address (even if different from the pickup address) on the designateddate (requested by the Customer and agreed by Wetacoo based on its operationalavailability), and may involve all the Customer’s items ("TotalDelivery") or only some of them ("Partial Delivery").

6.2 The Customer may request theDelivery of items kept at the Warehouse through the Platform only if everythingowed by the Customer to Wetacoo up to that moment has been paid in full. Wherethe Customer should submit their request with less than 5 working days noticebefore the monthly renewal date, they will still be required to pay theadditional Monthly Fee provided by virtue of the renewal.

7. Customer Form

7.1 At the conclusion of eachService, the Customer is required to personally sign the form that will beprovided to them by Wetacoo (the "Customer Form"), inclusive ofInventory (where applicable). The unjustified refusal to sign the Customer Formimplies the forfeiture of the right to contest any losses and/or damages andreleases Wetacoo from any responsibility.

7.2 Should the Customer not bepresent on the day of the Service, they must inform Wetacoo and provide awritten authorization with which they expressly authorize a third party to signthe Customer Form. In the event that the Customer Form should be signed by athird party not duly authorized, the Customer forfeits the right to contest anylosses and/or damages.

7.3 Wetacoo reserves the rightto suspend the performance of the Services in the event that the Customershould refuse to sign the Customer Form. In such circumstance, the Customerwill be required to settle in full the costs for the Services performed byWetacoo up to that moment.

7.4 At the time of Delivery, theCustomer has the obligation to verify the actual return of the requested itemsand to sign the Customer Form relating to the Delivery, reporting at the timeany clearly visible damage and/or absence, under penalty of forfeiture of theright to contest the above.

7.5 Without prejudice to theprovisions above, the Customer undertakes to formulate any reservationsregarding any damage occurred to the objects by e-mail to the addresssegnalazioni@wetacoo.com no later than 8 days from the signing of the CustomerForm. Once such term has elapsed in vain, the services performed by Wetacoo aredeemed accepted without reservation with the consequent release of Wetacoo fromany responsibility.

7.6 In case of performance ofthe Service over several days, Wetacoo may provide a Customer Form for each dayof performance of the services.

8.Exclusions/Limitations

8.1 Wetacoo reserves the rightto operate the Services compatibly with its operational availability. The timesindicated by Wetacoo for the performance of the Services are estimates andWetacoo will not be responsible for any delays compared to such estimates,except that such delays are directly attributable to Wetacoo.

8.2 Items requiring particularattention or special equipment, such as, by way of example and not limited to,objects that cannot be moved by two people or that cannot be transported up thestairs of the building where the Services are performed, must be explicitlydeclared by the Customer to Wetacoo before the performance of the Services.

8.3 Any waiting periods at theplace of the Service, due to delay by the Customer or in any case for causesnot directly attributable to Wetacoo, will be counted and charged to thecustomer according to the minimum rate of €25/hour, plus VAT, per worker.

8.4 Wetacoo reserves the rightnot to proceed with the performance of the Service in the event that evictions,illegal occupations, illicit acts of various nature are in progress, and/or inthe event that the work environments are considered inadequate from ahygienic-sanitary or safety point of view. In such circumstances, theinterruption of the service will be considered equivalent to a ModificationWithout Notice under art 9.3.

8.5 Unless otherwise indicatedin the Quote, Wetacoo is not required to carry out masonry, carpentry,plumbing, or various installation works.

8.6 For the safety of Wetacoo,its employees and auxiliaries as well as all the Customers’ personal effects,none of the following materials may be stored or transported by Wetacoo (the"Prohibited Materials"): (i) liquids of any kind; (ii) lithiumbatteries; (iii) food or perishables; (iv) firearms, guns or ammunition; (v)flammable or combustible materials; (vi) hazardous materials; (vii) objectsthat emit odors or vapors; (viii) illegal or controlled substances; (ix) plants(only for Storage); (x) live animals or taxidermy; (xi) motor vehicles of anykind; (xii) used tires; (xiii) human remains; (xiv) objects that show signs ofinfestation or that are located in a place with signs of infestation (insects,rodents, mold); (xv) any item that our team cannot transport safely; (xvi)money, jewelry and valuables.

8.7 The Customer, with theacceptance of the T&C, declares and guarantees that they will not deliverany of the Prohibited Materials and undertakes to release and hold Wetacooharmless from any damage it may suffer should a Prohibited Material be delivered.Any omissions or shortcomings by the Customer exempt Wetacoo from theobligation to operate the Services, and make the Customer responsible for anyincidents and/or damages occurred during the Services.

8.8 Wetacoo is not responsiblefor damage occurred to (i) goods of economic value not specifically reported atthe time of booking, such as by way of example and not limited to works of art,antiques, jewelry, glassware etc.; (ii) goods of any kind packed or boxedindependently by the Customer.

8.9 In any case, except in casesof willful misconduct and gross negligence, Wetacoo’s liability deriving fromthis Contract will be limited to a maximum amount equal to 100% of theconsideration paid by the Customer who expressly recognizes this value as fairreparation of all damages (of any kind or type) possibly caused by theperformance of the Services.

9. Modifications andcancellations

9.1 The Customer may requestfree of charge the cancellation of the Service or the modification of theService date up to 7 days from the originally scheduled date. From the secondmodification request, Wetacoo reserves the right to charge the Customer aone-time cost equal to €30.

9.2 In the case of requests forcancellation of the Service or modification of the date with less than 7 daysnotice ("Late Modification"), Wetacoo will charge, or withhold ifalready charged, the Customer a sum equal to 30% of the cost of the Serviceindicated in the Quote.

9.3 In the case of requests forcancellation of the Service or modification of the date with less than 24 hoursnotice, or should the Customer not show up on the day of performance of theServices ("Modification Without Notice"), Wetacoo will charge, orwithhold if already charged, the Customer 100% of the Service costs indicatedin the Quote.

9.4 Should the Customer book adate for the independent transport and/or collection of their own objectsaccording to the provisions of art. 5.7, Wetacoo will charge a sum equal to €30in case of Late Modification, and a sum equal to one month of storage in caseof Modification Without Notice.

9.5 For the performance ofcertain Services, Wetacoo reserves the right to request a deposit. Once paid bythe Customer, such deposit is non-refundable in case of cancellation ormodification of the service date by the Customer.

10. Insurance

10.1 Wetacoo is covered forThird Party Civil Liability up to €1,500,000

10.2 Without prejudice to thecarrier liability provided for by law and the civil liability under point 10.1(both included in the Standard Insurance offered by Wetacoo free of charge onall Services), Wetacoo offers supplementary insurance, against accidentaldamage occurred during transport and/or storage, purchasable by the Customerbefore the performance of the Service.

10.3 Unless otherwise reportedon the Quote, all supplementary insurance provides for a deductible of 15% anda minimum excess of €100.

10.4 Goods disassembled,transported, packed and/or boxed independently by the Customer cannot becovered by any insurance policy.

11. Customer Default

11.1 Should the Customer fail topay what is owed according to the payment terms and methods provided by theContract, Wetacoo reserves the right not to perform or to suspend theperformance of the Services, without prejudice in any case to Wetacoo’s rightto the settlement of the Services performed up to that moment.

11.2 Where instead the defaultshould occur with the service already concluded and the Customer should fail topay what is owed within 14 days from the payment due date, Wetacoo will chargethe Customer a sum of euro 50 as a penalty for defaults below €500 increased to€100 for defaults of value equal to or greater than €500, and will proceed toformally notify the Customer communicating the application of default interestfrom the date due determined based on the legal rate or calculated pursuant toLegislative Decree 231/2002, where applicable.

11.3 In addition to the above,in the event that the Customer’s default is related to the Storage, thefollowing arts. 11.4, 11.5 and 11.6 apply.

11.4 Should the Customer remainin default for more than 14 days from the formal notice under point 11.2,Wetacoo will proceed to forward to the Customer a written demand in which theday, time and place where the stored goods must be collected at the Customer’sexpense will be indicated, without prejudice to the prior payment of everythingowed. Within the same term, the Customer will in any case have the right toregularize their position by settling all the outstanding amount and paying asum equal to one Monthly Fee as a contribution for management expenses andStorage restoration charges.

11.5 Should instead the Customerremain in default for a total or partial amount, Wetacoo may sell theCustomer’s objects both pursuant to art. 2756 of the Italian Civil Code andthrough private channels. Where the sale should not be possible or in any casesuch as not to allow the recovery of the credit, Wetacoo will transmit awritten communication in which it will notify the Customer of its will todispose of the goods remaining at its warehouses.

11.6 The Customer declares fromnow on to irrevocably accept that, in case of no response to the communicationunder the previous art. 11.5 within 14 days from the receipt of the same and inany case in the event that they remain in default at the expiry of such term,their goods will be deemed definitively abandoned for all legal purposes, withthe consequence that Wetacoo, by occupying them, may freely dispose of them forthe purposes of disposal and/or any other possible action that Wetacoo deemsappropriate. In this regard, the Customer grants a broad release regarding theclearance and disposal operations of the goods present in the Warehouse,expressly waiving from now on any claim, right, recourse and/or request forcompensation for damages.

12. Prices

12.1 The applicable prices arethose indicated in the Quote accepted by the Customer for the services quotedtherein. For any variations or services not included in the Quote, the pricesindicated on the website www.wetacoo.com and in these Terms and Conditions willapply, as well as those possibly communicated in writing by Wetacoo to theCustomer.

12.2 Wetacoo reserves the rightto rectify the amounts indicated in the Quote, in a proportionate and justifiedmeasure, should the volumes and/or objects result different from thoseinitially indicated by the Customer, or should unexpected logistical difficultiesarise or ones not appropriately reported, such as problems of access, parking,or in general of operability of which Wetacoo became aware on the same day ofthe Service or in any case without reasonable notice.

12.3 Wetacoo reserves the rightto unilaterally adjust prices for inflation, increase in production costsand/or other causes that contribute to making the price initially offered nolonger congruous.

13. Payments

13.1 Wetacoo uses Stripe as apayment gateway. Stripe is compliant with the PCI DSS standard relating to theprotection of personal data and information about the payment methods used byusers. Transactions take place via encrypted connection, in TLS mode.

13.2 Payments by direct debit ona bank current account or credit card are accepted. It is the Customer’sobligation to enter a valid payment method at the time of conclusion of theContract and to keep it updated on the Platform for the entire duration of theContract.

13.3 Unless otherwise indicatedon the Quote, the consideration for a Service is owed to Wetacoo within thefirst day of performance of the relative Service. Any adjustments foractivities initially not quoted, or for activities quoted at an hourly rate,will be charged as soon as the Service is finished. In case of delivery ofgoods kept in storage, Wetacoo will charge the agreed amount for the Deliveryin advance of the service date.

13.4 In case of installmentpayment of the Services, the failure to pay, even only partial, of one of theinstallments will entail the lapse of the deferral granted and will enableWetacoo to the immediate recovery of the entire amount owed.

13.5 Upon written agreementbetween the parties, Wetacoo may provide timing and methods of paymentdifferent from those indicated in these T&C.

13.6 Wetacoo reserves the rightto charge the Customer any costs relating to services necessary for the pastand future use of the Storage service and actually used by the Customer,including but not limited to monthly fees at the cost already agreed in thecontract, additional costs of storage, handling, delivery, rate adjustment foroccupied space, disposal, or other accessory services actually used. This rightmay be exercised even after the termination of the contractual relationship,provided it refers to services already rendered or contractually providedobligations.

14. Force Majeure

14.1 Force Majeure eventsconstitute all those events and circumstances that could not and should nothave been foreseen or avoided by the party affected by them, and that had theeffect of making it impossible or unlawful for such party to perform its ownobligations, preventing or delaying the performance of the Services or thatdelay, in whole or in part, the performance of the Services ("ForceMajeure").

14.2 Upon the occurrence of aForce Majeure event, Wetacoo will give notice to the Customer and will not beconsidered contractually in default to the extent that the performance of theservice is prevented or delayed by it. The Customer will not be entitled to anyindemnity and/or compensation on any account, without prejudice to the right tothe return of whatever has possibly already been paid as a price for theservice covered by the Quote.

15. Withdrawal

15.1 Wetacoo reserves the rightto withdraw by giving written notice to the Customer and ensuring, in case ofstorage service, the eventual return of the stored objects upon payment by theCustomer of what is owed up to the date of withdrawal.

16. Assignment of theContract

16.1 The Customer, with theacceptance of these Terms and Conditions, also authorizes Wetacoo to theassignment of the Contract and of the rights deriving from it.

16.2 The Customer cannot assignthe Contract nor the rights deriving from it except with prior writtenauthorization from Wetacoo.

17. Termination

17.1 The Contract may beterminated by Wetacoo pursuant to art 1456 of the Italian Civil Code, withoutprejudice to the right to compensation for damages, in the following cases:

•      liquidation and voluntary dissolution of the Company;

•      serious default of the Customer;

•      subjection to procedures for the settlement of thecrisis from over-indebtedness and liquidation of assets.

18. Entirety

18.1 Should one or moreprovisions of these T&C be considered invalid or declared as such pursuantto law or following a decision of a competent court, the invalidity of suchprovision will not prejudice the validity of the remaining provisions, whichwill remain in full force and effect for all purposes.

19. Communications

19.1 For the purpose of theirvalidity, all communications relating to the Contract, including those providedin arts. 4,5,6,7,8,9,10, 11, 12, 13, 14, 15, 16, 17, 18 and 19, will be sent:

•      for the Customer, to the e-mail address provided by theCustomer on their account,

•      for Wetacoo, to the e-mail addressservizioclienti@wetacoo.com. The parties are responsible for providing acorrect e-mail address and for communicating any updates during the duration ofthe contract.

19.2 The parties are required toconfirm the receipt of e-mails within 14 days. In the absence of confirmation,communications will in any case be considered valid after such term haselapsed.

19.3 As an alternative to point19.1, where applicable, communications may be sent via PEC to the addressesreported by the parties at the business register. Communications sent via PECwill be considered received at the moment in which the sender receives theconfirmation of successful delivery.

20. UnilateralModification

20.1 For justified objectivereasons, attributable by way of example to: inflation, regulatorymodifications, macro-economic situations of particular specificity, updating ofinternal operational processes, variation of supply contracts, Wetacoo reservesthe right to unilaterally modify, within the limits of what is necessary andaccording to a criterion of reasonableness, the following points of the Termsand Conditions of the service: 4. Pickup; 5. Storage; 6. Delivery; 7. CustomerForm, 8. Exclusions/limitations, 9. Modifications and Cancellations; 12.Prices; 13. Payments.

20.2 Any unilateralmodifications relating to points 12. Prices and 13. Payments will be promptlycommunicated to the Customer via e-mail to the e-mail address associated withthe Account. In such case, the Customer may withdraw from the contract withoutpenalties by giving written communication to the addressservizioclienti@wetacoo.com within 14 days from the receipt of the unilateralmodification communication. In the absence of withdrawal within the definedterms, the modifications will be deemed accepted.

21. Competent Court

21.1 All disputes deriving fromor connected with the interpretation or execution of the Contract, also inrelation to its existence, validity and termination, will be submitted to theexclusive jurisdiction of the Court of Rome.

Pursuant to and for the effects of art. 1341 of theItalian Civil Code and art. 1342 of the Italian Civil Code the Customer alsodeclares to have reviewed, printed, and to specifically approve, by electronicmeans, the clauses indicated below:

4) Pickup;

5) Storage;

6) Delivery;

7) Customer Form;

8) Exclusions/limitations;

9) Modifications andCancellations;

11) Customer Default;

12) Prices;

13) Payments;

14) Force Majeure;

15) Withdrawal;

16) Assignment of the Contract;

19) Communications;

20) Unilateral Modification;

21) Competent Court;