TERM OF SALES
These conditions govern purchases in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree. n. 206/2005, modified by Legislative Decree n. 21/2014 and Legislative Decree 70/2003 on electronic commerce. These conditions are valid exclusively between NOVARIA srl, with registered office in Via Bernardo Caval - lino n.108 - 80131 Naples - REA NA1007120 - VAT number IT09081001217, hereinafter referred to as `` NOVARIA '' and any person who performs purchases online on the website www.novariaitalia.eu, hereinafter referred to as "CUSTOMER". These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force.
ART. 1 - OBJECT OF THE CONTRACT
With these general conditions of sale NOVARIA sells and the CUSTOMER remotely purchases the products indicated and offered for sale on the website www.novariaitalia.eu.
The contract is concluded exclusively through the internet, by accessing the CUSTOMER at www.novariaitalia.eu and making a purchase order according to the procedure provided by the site itself. The customer undertakes to read, before proceeding to confirm his order, these general conditions of sale, in particular the pre-contractual information provided by NOVARIA and to accept them by affixing a flag in the indicated box.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014.
ART. 2 - PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER EX ART. 49 Legislative Decree No. 206/2005
The CUSTOMER, before the conclusion of the purchase contract, takes a look at the characteristics that are illustrated in the individual product sheets and, therefore, chooses the product to be purchased. Before validating the order with "payment obligation", the CUSTOMER is informed about:
- total price of goods including taxes, with details of shipping costs and any other costs;
- payment methods;
- deadline by which NOVARIA undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
- conditions of after-sales assistance and commercial guarantees provided by NOVARIA.
The CUSTOMER can, at any time and in any case before the conclusion of the contract, take note of the information relating to NOVARIA including, by way of example, the geographical address, the telephone number and the e-mail address, which in any case are repeated below:
company name: NOVARIA s.r.l.
registered office: Via Bernardo Cavallino n.108 - 80131 Naples - IT
certified e-mail: email@example.com
registration in the Naples Company Reg .: REA NA1007120
VAT number IT09081001217
ART. 3 - CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the sending by NOVARIA to the CUSTOMER of an order confirmation email. This e-mail contains the CUSTOMER's data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and archive the copy of these conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the above email and to promptly notify NOVARIA of any corrections and / or changes to be made.
NOVARIA undertakes to describe and present the items sold on the website www.novariaitalia.eu in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the product shown on the site and the real product may be highlighted. Furthermore, the photographs of the products presented on www.novariaitalia.eu do not constitute a contractual element, as they are to be considered only representative of the products themselves.
NOVARIA undertakes to deliver the goods within 30 days from the sending by NOVARIA of the order confirmation email to the CUSTOMER.
ART. 4 - AVAILABILITY OF PRODUCTS
Product availability refers to actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative as:
- the products could be sold to other CUSTOMERS before confirming the order, due to the simultaneous presence of multiple users on the site;
- An IT anomaly could occur which would make a product available for purchase that is not actually available.
Even after sending the order confirmation e-mail sent by NOVARIA, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected with the elimination of the product or unavailable products and the CUSTOMER will be immediately informed by e-mail.
With the same e-mail, the customer will also be informed of the methods and timing of reimbursement of any sums paid.
ART. 5 - PAYMENT METHODS
Each payment by the CUSTOMER can be made by bank transfer, Paypal and credit cards. Accepted credit cards are indicated on the website www.novariaitalia.eu.
In case of payment by credit card, the actual amount will be charged when the order is complete and ready for shipment.
In case of payment by Paypal method, the actual charge will be made when NOVARIA sends the order confirmation email.
The communications relating to the payment and the data communicated by the CUSTOMER when this is done take place on special protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
ART. 6 - PRICES
All the selling prices of the products indicated on the website www.novariaitalia.eu are expressed in euros and include VAT and, where applicable, the WEEE contribution.
Shipping costs are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process before making the payment.
The CUSTOMER accepts NOVARIA's right to change its prices at any time. However, the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation email sent by NOVARIA to the CUSTOMER.
In the event of an IT, manual, technical, or any other error that could result in a substantial change, not foreseen by NOVARIA, in the sale price to the public that makes it exorbitant or clearly negligible, the purchase order will be considered not valid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days.
from the day of cancellation.
ART. 7 - RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase, without any penalty and without specifying the reason, within 14 days from the date of receipt of the goods (editor's note: from the moment, that is, in to which he acquires physical possession).
In case of multiple purchases made by the CUSTOMER with a single order and delivered separately, the term of 14 days.
starts from the date of receipt of the last product.
ART. 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL
The CUSTOMER can exercise the right of withdrawal by sending NOVARIA any explicit declaration containing the decision to withdraw from the contract or transmit the withdrawal form Legislative Decree 21/2014, by accessing the "My orders" section on the website www.novariaitalia.eu .
In the event of exercising the right of withdrawal, the CUSTOMER is required to return the goods to NOVARIA without undue delay and in any case within 14 days from the day on which it communicated to NOVARIA its intention to withdraw from the contract, pursuant to art. . 57 of Legislative Decree 206/2005. The goods must be sent to NOVARIA's registered office, or delivered to a person indicated by NOVARIA to receive it.
Shipping costs are always charged to the customer.
The burden of proof relating to the exercise of the right of withdrawal in accordance with the law is placed on the CUSTOMER.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation.
Pursuant to and for the purposes of art. 59 letter e) of Legislative Decree 206/2005, the right of withdrawal is excluded in relation to the supply of sealed goods that do not lend themselves to be returned for reasons of hygiene or connected to the protection of health and have been opened after delivery;
Without prejudice to the right to verify compliance with the above, NOVARIA will refund the amount of the goods subject to withdrawal within the maximum period of 14 days from the moment it is informed of the Customer's willingness to withdraw from the contract.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, NOVARIA can suspend the refund until receipt of the goods subject to withdrawal or until the CUSTOMER demonstrates that he has returned the goods to NOVARIA , providing in this case proof of the conditions of material integrity of the same.
The Customer is also entitled to return the product purchased online by material delivery, within the aforementioned period of forfeiture, at the NOVARIA headquarters. In this case, the creation of the online return procedure is not necessary.
NOVARIA will reimburse using the same payment method chosen by the CUSTOMER during the purchase phase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he will have to provide NOVARIA with the bank details: IBAN, SWIFT and BIC necessary for NOVARIA to make the refund.
In case of withdrawal for the purchase made with gift card and / or loyalty voucher, the amount will be returned to the CUSTOMER with a purchase voucher identified with a promotional code which will be sent to the CUSTOMER's email address. The purchase voucher will be valid for one year and can be used by the CUSTOMER for subsequent purchases in a single solution.
ART. 9 - LEGAL WARRANTY
Unless otherwise specified, the relevant legal provisions apply.
In case of receipt of defective products or in any case not conforming to the orders placed, the CUSTOMER has the right to restore the conformity of the product at no cost by repairing or replacing the product.
The CUSTOMER can exercise this right if the defect occurs within two years from the delivery of the goods and denounces the defect to NOVARIA within two months of discovery. In order to exercise the aforementioned right, the customer will have to proceed with the creation of a computerized Return procedure by accessing the "My orders" section on the www.novariaitalia website.
- NOVARIA, in the event of a defective or non-compliant product, will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the CUSTOMER.
Articles showing obvious defects, including damage caused by transport, must be indicated and proven with the attachment of a photo.
With regard to the guarantee due by the manufacturer and / or the supplier, the CUSTOMER may avail himself of the warranty rights directly due by the manufacturer and / or by the supplier himself.
In any case, the guarantee due by NOVARIA is excluded for product defects caused by the CUSTOMER. This applies in particular to misuse and unauthorized repair attempts.
ART. 10 - COMMERCIAL WARRANTY
All the products presented on the website www.novariaitalia.eu can benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee whose duration is mentioned on the product data sheets of each article.
In order to benefit from the warranty assistance, the CUSTOMER must keep the invoice which can be printed by accessing the "My orders" section.
ART. 11 - DELIVERY METHODS
NOVARIA reserves the right to accept orders or not.
In the first case, the products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days. from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by NOVARIA.
For each order placed on the website www.novariaitalia.eu, NOVARIA issues a receipt or invoice for the goods shipped.
This tax documentation is available and printable, after the order has been processed, in the "My orders" section. The invoice will contain the information provided by the CUSTOMER during the purchase procedure. After the issuance of the invoice it will not be possible to make any changes to the data indicated in it.
ART. 12 - LIABILITY
NOVARIA does not assume any responsibility for disservices attributable due to force majeure or unforeseeable circumstances, even if they are dependent on malfunctions and disservices of the internet, if it is unable to execute the order within the time foreseen by the contract.
Furthermore, it assumes no responsibility for personal injury caused by the products marketed unless it has acted intentionally or with serious negligence.
This does not exclude liability for damages for negligent or intentional violation of the fundamental obligations of the contract, such being the obligations whose fulfillment makes possible the correct execution of the contract and on which the customer can rely.
ART. 13 - ACCESS TO THE SITE
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the relative technology used remain the property of NOVARIA and are protected by intellectual property rights.
ART. 14 - COOKIES
The website www.novariaitalia.eu uses "cookies". Cookies are electronic files that record information relating to the navigation of the CUSTOMER on the site (pages consulted, date and time of the consultation, etc.) and which allow NOVARIA to offer a personalized service to its customers.
NOVARIA informs the Customer of the possibility to disable the creation of these files, by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ART. 15 - INTEGRALITY
These General Conditions of Sale are made up of all the clauses that make them up. If one or more provisions of these General Conditions of Sale is invalid or declared such in accordance with the law, the other provisions will continue to have full force and efficacy.
ART. 16 - APPLICABLE LAW AND COMPETENT COURT
These General Conditions of Sale are subject to Italian law.
Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
ART. 17 - PRIVACY
General conditions of sale updated on 10 July 2019