Terms of service
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, "General Conditions") govern the purchase of products and services, carried out remotely via the Internet, from the site www.ninahomedesign.com in compliance with the Italian legislation referred to in Legislative Decree 206 /2005 and subsequent amendments and additions (hereinafter: "Consumer Code").
The user of the site who intends to purchase (hereinafter "Customer") is required, prior to the confirmation of sending the order, to carefully read these General Conditions which have been published on the Website and which will be available for consultation at any time by the Customer also through the link contained in the confirmation email of each order to facilitate memorization and reproduction.
In the event that the user who purchases on the Site requests the issuance of an invoice and/or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal rules described in the specific section will not apply, because according to the same Consumer Code they apply only to "consumers".
The agreements made with "Ninahomedesign" through the Site are governed by these General Conditions in compliance with Italian law. The reference language for concluding the contract is Italian for sales whose shipments have Italy as a place of delivery and English for all other places of delivery.
2. Choose and Purchase the Products
The characteristics and price of the various products on sale on the Site (hereinafter "Product" or "Products") are shown on the page relating to each Product with a specific "Product File". The net weight, the region and country of origin, the name of the producer and a technical data sheet will be highlighted for each product.
The Customer must add the Product/Products to the "Cart" and, after having read the General Conditions and the Privacy Compliance Conditions and confirming their acceptance with a flag in the appropriate field, he must enter the shipping data, select the desired payment method and confirm the order. The invoice will be sent only upon request via an email addressed to firstname.lastname@example.org
By sending the order from the Site, which has the value of a contractual agreement, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure, that he has read the technical data sheet and understood the characteristics of the Products and to fully accept these General Conditions and those of the selected payment.
The contract stipulated between "Ninahomedesign" and the Customer must be considered concluded with the acceptance of the order by "Ninahomedesign". This acceptance is communicated to the Customer through an order confirmation email to the email address entered by the user during the order confirmation phase, this email will contain a reference to these General Conditions, the order number, the shipping data , the list of Products ordered and the total price, including VAT, where due, and delivery costs. The Customer will check the confirmation email and, if he identifies errors in the order, he will have 24 hours from receipt of this email to contact "Ninahomedesign" via email by sending an email to email@example.com. After this period of time, the order will be considered concluded and will be prepared for shipment; changes will no longer be accepted, obviously without prejudice to the Customer's rights referred to in article 7 below.
Once the order has been received, "Ninahomedesign" will check the availability of the products in its stock to process the order. In the event that one or more Products are not available, "Ninahomedesign" will send timely communication via email to the Customer who, within the following 24 hours, will have the right to reply to confirm the shipment of the available products or possibly add others, or cancel the order. In case of no response within this period, the order will be considered confirmed and only the available products will be shipped. In this case, the amount relating to the missing products will be deducted from the initial total amount of the order
3. Product Information
The information and characteristics relating to the Products are available on the Site
"Ninahomedesign" guarantees that Products will be delivered equal to those indicated and described on the Site, and ensures compliance with all the rules regarding the conservation of the products until the moment of delivery in the place indicated by the user when ordering. The manufacturer's liability applies to all products sold.In the case of packaged products, the manufacturer is also responsible for the truthfulness and completeness of the information on the packaging.
4. Prices and shipments
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
5. Methods of payment
The Customer may pay the price of the Products and the relative delivery costs by credit card, PayPal, postepay and Satispay.
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even a prepaid card, or in any case according to the methods accepted by Paypal and in compliance with the relative conditions.
6. Transportation and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field.
All purchases will be delivered by courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and public holidays. "Ninahomedesign" is not responsible for unforeseeable or non-attributable delays.
In any case, except for reasons of force majeure or unforeseeable circumstances, the ordered Products will be delivered approximately within a period of 15 working days starting from the day following the day in which "Ninahomedesign" confirmed the order to the Customer via a specific confirmation email of order.
The service includes 1 delivery attempt at the address indicated at the time of the order. If the delivery attempt is not successful, the courier will leave a paper notice of the successful passage asking the Customer to contact the nearest office to arrange delivery or to change the address of the same. The Courier reserves the right to contact the Customer by telephone in the event of non-delivery instead of leaving a written notice.
7. Right of withdrawal
As required by the Consumer Code Legislative Decree 206/05 (ex right of withdrawal) and Legislative Decree 21/2014, the customers of the "Ninahomedesign" company enjoy the money back guarantee with the possibility of returning the purchased products within 15 working days from receipt, except in the case of products which by their nature are excluded pursuant to art. 59 Legislative Decree 21/2014 and are:
- the supply of made-to-measure or clearly personalized goods;
- the supply of goods which are likely to deteriorate or expire rapidly;
The "Ninahomedesign" Customer Service will, upon receipt of the communication, open a case for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place via courier indicated by "Ninahomedesign".
The right of withdrawal is governed by the following conditions:
In case of exercise of the right of withdrawal, "Ninahomedesign" will refund the customer the full amount paid to purchase the subsequently returned goods, including shipping costs where applicable, within 10 days from the date on which the returned product was received, without prejudice to "Ninahomedesign" retaining the right to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer.
Also in order to be able to guarantee free returns, the Products must be returned in the same type of packaging in which they were received.
8. Warranty and lack of conformity for products
In case of lack of conformity of Products sold by "Ninahomedesign" the Customer must immediately contact "Ninahomedesign" by sending an e-mail to firstname.lastname@example.org. The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by means of repair or replacement, or to an adequate price reduction or termination of the contract. The Customer forfeits these rights if he does not report the lack of conformity to "Ninahomedesign" within 7 days from the date on which he discovered the defect
9. Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which "Ninahomedesign" cannot be held responsible, except in the case of willful misconduct or gross negligence.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by non-acceptance or evasion, even partial , of an order.
Any complaint must be forwarded to "Ninahomedesign" by writing an email to email@example.com (Mon - Fri 9:00 - 17:00, including holidays)
"Ninahomedesign" undertakes to respond to all requests received within a maximum of 7 working days.
11. Applicable law and jurisdiction
The sales contract between the customer and "Ninahomedesign" is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Ancona, any other competent court excluded.
Pursuant to article 1341 of the civil code the Customer declares to have read and to accept all the articles