SALE GENERAL CONDITIONS
Access to sales on sites owned by the Company Nido S.r.l. implies acceptance, without reservation, of the following conditions:
ARTICLE 1 – COMPANY
Nido S.r.l. is a limited liability company with operational headquarters in Via Del Giglio, 27 – 47841 Cattolica (RN) – Fully paid-up share capital € 10,000.00 – VAT number 04549710400 Register office of the Rimini court – R.E.A. 420873
ARTICLE 2 – OBJECT
These General Terms and Conditions of Sale of Nido S.r.l. define the rights and obligations of the parties in the context of the sale of products and services performed by Nido S.r.l. to the customers of the Internet Sites owned by Nido S.r.l. (hereinafter referred to as the “Internet Site”).
By placing an order, the Customer declares to be at least 18 years old, to be a consumer pursuant to art. 3 of Legislative Decree 206/2005 (Consumer Code) and to be the owner or to have the availability of an e-mail address communicated to Nido S.r.l.
Each Customer declares to have read and to accept the rights and obligations deriving from the execution of the order. All orders are governed by these General Terms and Conditions of Sale.
ARTICLE 3 – TERMINOLOGY
The set of sales services offered by Nido S.r.l. on its Internet Sites are defined below as the “Services” of Nido S.r.l.
Any natural person, adult and legally capable, who, having registered on the Website spontaneously and on an optional basis and wishing to use the Services of Nido S.r.l. meets the requirements of these general conditions will be indicated here as “Customer”.
Any purchase or reservation of a product or service made by a Customer on the Website under the conditions set forth in these General Terms and Conditions of Sale will hereinafter be referred to as “Order”.
ARTICLE 4 – ACCESS TO SERVICES
Access to the Services requires mandatory registration.
ARTICLE 5 – ORDERING PROCEDURE, PRICE, BILLING
5.1. Customers can complete orders on the Internet by connecting to sites owned by Nido S.r.l.
5.2. The Customer guarantees to be able to use the credit card or his PayPal account for the payment of the Order and that these means of payment allow access to sufficient funds to cover all the costs resulting from the use of the Services Nido S.r.l.
5.3. By clicking on “Buy” during the purchase process and after having checked the contents of the Order in its “Shopping Cart” and after having it, if necessary, modified, the Customer declares to accept in full and without reserve the present General Conditions of Sale.
After confirming the contents of your Order, the Customer will confirm the Order definitively through payment. The Order will be considered final upon payment of the price.
Nido S.r.l. will systematically confirm by e-mail the order of each customer as well as its shipment.
5.4. The prices of products and services, excluding VAT, are indicated in the corresponding product or service page. The shipping costs of the Order will be indicated before its final confirmation. Furthermore, once the Order has been confirmed, the prices and expenses will remain visible in the “My Orders” section of the Website in the event that the Customer has opted to create a personal account on the site or has registered.
5.5. The invoice must be requested at the time of the order and cannot be issued later. Otherwise the delivery note will be issued.
5.6. The Customer’s failure to comply with the obligations assumed pursuant to these General Terms and Conditions of Sale and in particular those relating to the payment of the Order price may result, depending on the seriousness of the violation committed and in the event that the Customer has opted for the creation of a personal account on the site, the suspension of access to Services Nido S.r.l. or the cancellation of the account with the consequent exclusion of the Customer, without prejudice to the right of Nido S.r.l. to request payment of interest and damages suffered. Consequently Nido S.r.l. reserves the right to refuse Orders placed by the Customer against whom the aforementioned measures have been adopted.
ARTICLE 6 – AVAILABILITY OF PRODUCTS AND SERVICES
In the event of total or partial unavailability of the product or service after the transmission of the Order, the Customer will be informed by e-mail of the cancellation of the Order.
In the event of unavailability of the product or service, the Customer will be entitled to request:
– the delivery of a product or service of a quality and equivalent price consistent with stock availability.
– reimbursement of the price of the product or service ordered within thirty days from the request made by the Customer.
The costs for the delivery of a new product or service will be borne by Nido S.r.l.
ARTICLE 7 – RIGHT OF WITHDRAWAL
7.1. Scope of
Without prejudice to the cases of exclusion indicated in the following paragraph, all products and services benefit from the “satisfied or reimbursed” clause of which the Customer can apply within the fifteen working days following the date of delivery of the product in accordance with the provisions of Articles. 64 and following of Legislative Decree 206/2005, Consumer Code.
The right of withdrawal cannot be exercised with reference to certain products and services indicated in art. 55, Legislative Decree 206/2005 (Consumer Code). These include services related to accommodation, transport, catering, leisure, when it comes to services to be used on a specific date or in a predetermined period. The Consumer Code also states that, unless otherwise agreed between the parties, the Customer may not exercise the right of withdrawal in cases of supply of certain goods and services including the following:
a) services whose execution has begun, with the agreement of the Customer, before the expiry of the ten-day period set for the withdrawal;
b) goods or services whose price is linked to fluctuations in financial market rates;
c) goods made to specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly; this category also includes those products having an odometer and / or an hour counter, where the kilometers carried out would have an immediate and irrefutable impact on the value of the asset, thus making a new marketing and its resale for the initial value impossible;
d) sealed audio-visual products or computer software, once opened by the Customer;
e) newspapers, periodicals and magazines;
f) fresh foodstuffs;
g) preserved foodstuffs whose packaging has been opened;
The products referred to in point d), f), g), will be considered open by the Customer in case of breakage of the security seal.
The right of withdrawal is exercised, in the case of supply of products, by returning the product to Nido S.r.l. . c / o via Del Giglio, 27 – Cattolica 47841 (RN) within fifteen working days from the date of delivery of the product, subject to e-mail notification at: [email protected]
The Customer will be reimbursed within thirty days of receipt by Nido S.r.l. . of the communication of withdrawal by the Customer, provided that the product has been returned to Nido S.r.l.
The costs and risks associated with returning the product remain the responsibility of the Customer.
The return of the products or the withdrawal exercised with reference to the services will give the right to reimbursement of a sum corresponding to the purchase price of the product or service. The refund will therefore not include any delivery costs, if charged.
The return of an Order is considered as a negative transaction.
ARTICLE 8 – RETURN OF THE PRODUCT BY THE CUSTOMER
In order to benefit from the provisions of art. 7 “Right of withdrawal” the Customer must return the product to Nido S.r.l. . within fifteen working days from the delivery date. The return of the product must be made to the following address: Nido S.r.l. . c / o via Del Giglio, 27 – Cattolica 47841 (RN) ITALY or other Italian address that will be communicated to the customer by the customer service.
The product must be returned:
– correctly packaged in its original packaging, in a perfect state of resale (not damaged, damaged or soiled) and equipped with all its accessories, instructions for use and documentation;
– without evidently showing signs of use other than those compatible with carrying out a test of the same, that is that it does not bear a trace of prolonged use (of more than a few minutes) exceeding the time necessary for a test and that it is not in one was such as not to allow its resale.
ARTICLE 9 – PAYMENT
Payment for purchases can be made by credit card (VISA, VISA ELECTRON, MasterCard and American Express) or PayPal. In case of payment by credit card, the Order will be considered effective only after the approval of the bank payment centers. In the event that payment is made via PayPal, the charge or rejection will be immediate. Only for sales made on Italian soil is the possibility of payment.
ARTICLE 10 – SECURITY
The Nido S.r.l. site it is equipped with one of the most effective protection systems currently available. The Website has adopted one of the most advanced encryption procedures, which protects personal data effectively and in the manner prescribed by law. The data, securely saved on our servers, will be kept until the purchase is completed and can always be canceled upon request. Nido S.r.l. . does not have access to confidential information relating to the means of payment that are managed exclusively by the intermediary selected and used by the customer for the payment of the order.
ARTICLE 11 – DELIVERY
11.1. Place of delivery. Products or services will be sent to the delivery address indicated by the Customer during the Order process. The Customer will be notified of the shipment by electronic mail. The products and / or services will be accompanied by a Transport Document indicating the contents of the package.
The Customer has the right to choose the place of delivery: at his residence, at the workplace, at a third person, at the place where he spends his holidays, etc. In the event of absence at the time of delivery to the address indicated by the Customer, the courier will advise to pass two more times in the following days at different times. In case you can’t find yourself at home, you will leave a coupon with which you can go and pick up your item directly at the courier’s warehouse closest to your home.
If this deadline is exceeded, the package will be returned to Nido S.r.l. The Customer Service will take care to contact the Customer for a possible new shipment and, in the absence of a reply from the Customer within a reasonable time, the order will be considered canceled without the right to any refund.
11.2. The deadline for delivery is ten working days starting from the date of the Order, unless otherwise indicated to the Customer before the final confirmation of the Order. In this case Nido S.r.l. will indicate to the Customer a different delivery time.
11.3 Delivery carried out Each delivery is considered performed (or completed) when the product or service is made available to the Customer by the carrier. Delivery can be verified through the automated system made available to the courier.
11.4 The delivery of the product purchased in advance requires up to a maximum of 4 months from the moment in which the order is placed. Although Nido S.r.l. will undertake to deliver the product as soon as possible, the Customer understands and accepts that there may be delays in the delivery of the product. Nido S.r.l. does not represent or warrant that the product will be shipped by the estimated date. Nido S.r.l. is not responsible for any damage that may occur due to this delay, it will be obliged to provide discounts or refunds or credits due to such delays. Nido S.r.l will undertake to provide periodic updates in relation to the delivery program.
Without prejudice to the right of withdrawal recognized by the Customer pursuant to the preceding art. 8, it will be the Customer’s responsibility to verify the shipment at the time of his arrival and to carry out (on the transporter’s documents) all the reservations and disputes that he believes to be based on an “I accept subject to control” or “reason why he does not wish to accept the package”.
Such disputes must be indicated on the delivery note and communicated to [email protected] within 24 hours of receipt of the goods.
The Customer Service of Nido S.r.l. will then open an investigation with the carrier in charge of delivery. The Customer will receive an e-mail message informing him that an investigation has been opened.
ARTICLE 12 – GUARANTEES
12.1. Legal guarantee In the event of delivery of a product or service that does not comply with the order and in the event of delivery of a product or service affected by a hidden defect Nido S.r.l. undertakes to reimburse the Customer for the price of the product or service, or, at the Customer’s choice, to deliver a product or service identical to the one ordered consistent with stock availability or to deliver a quality product or service and equivalent price compatible with stock availability. The foregoing does not limit the right of withdrawal provided for by the previous art.7.
12.2. Exclusion of guarantees. Products or services that are modified, repaired or manipulated by the Customer or by any other person not authorized by the supplier of the product or service are excluded from the warranty. The warranty does not apply to apparent defects. The warranty does not apply to products or services damaged during transport or due to misuse.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
The content of the Nido S.r.l. site (including logos, trademarks, illustrations, photographs, etc.) is protected in accordance with Italian legislation on copyright, trademarks and other intellectual property rights. The elements presented on this site are subject to change without notice and are made available without warranty of any kind, explicit or tacit, and cannot give rise to any claims for damages. No content, coming from the Nido S.r.l. website it may be copied, reproduced, published, downloaded, returned, transmitted or distributed in any way, except in the case of simple registration of documents on a single computer for the personal use of the person who proceeded with the copying and for non-commercial purposes. In any case, the property information must always be kept intact. The modification of these contents or their use for other purposes constitutes a violation of the property rights of Nido S.r.l.
In particular, it is forbidden to use such contents on another Internet site or in a networked computer space.
ARTICLE 14 – PERSONAL DATA
14.1. The Customer authorizes Nido S.r.l. to the processing of your personal data. The Client’s consent to the processing of personal data by Nido S.r.l. is an essential condition for the execution of the Order.
14.2. Nido S.r.l. undertakes to respect the confidentiality of the personal data communicated by the Customer on the Internet Site and to treat them in compliance with the Italian law on privacy Legislative Decree 30 June 2003, n. 196, entitled Code regarding the protection of personal data.
14.3. Nido S.r.l. informs that the Customer’s personal data will be used by its internal services and / or those of its branches:
– to inform the Customer of future sales and events by sending invitation e-mails;
– for processing the Customer’s order;
– to reinforce and personalize the communication, in particular by sending the newsletter, special offers (contests, games, etc.) and informative e-mails in the context of the personalization of the Website, based on the preferences established by the Customers.
14.4. Nido S.r.l. informs the Customer that it may also communicate such personal data to ensure the delivery of orders by its appointees, the execution of certain aspects of after-sales services and the performance of satisfaction tests. Furthermore Nido S.r.l. may communicate such data to respond to a request from legitimate authorities.
14.5. Furthermore, in accordance with Italian law Legislative Decree 30 June 2003, n. 196, entitled Code regarding the protection of personal data, the Customer can at any time exercise his rights of access to the archive, of opposition and rectification or deletion of data concerning him by addressing his request (with indication of his e-mail address, surname, name and postal address):
– by e-mail to [email protected]
– by post to the following address:
Nido S.r.l. Via Del Giglio 27, Cattolica 47841 (RN) Italy.
ARTICLE 15 – MISCELLANEOUS
15.1. Should any provision of these General Terms and Conditions of Sale be considered void or invalid, these General Terms and Conditions of Sale will remain valid and produce effects in the remaining part.
15.2. The information exchanged through the Website is authentic between the Parties. The elements such as the moment of receipt or issue of data (or the quality of the data) received will prevail according to what is shown in the computer system of Nido S.r.l. without prejudice to the Customer’s right to offer contrary proof. The effectiveness of the test provided by the computer system of Nido S.r.l. it is equal to the one granted to a written and signed original document.
ARTICLE 16 – APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are drafted in Italian, are governed by Italian law and therefore will be interpreted and executed in accordance with it.
Should any dispute arise, the Customer will contact, first of all, Nido S.r.l. to try to reach a friendly solution. Failing this, the Court of Rimini will have exclusive jurisdiction to settle the dispute.