General terms and conditions of sale
SELLER IDENTIFICATIONThe products for sale on www.loewenweiss.com (hereinafter referred to as the “Site”) are sold and invoiced by Nemea srl, with headquarters in Via Carizzade, 4 - 31040 - Volpago del Montello (TV) - Italia, a company registered at the Chamber of Commerce, Industry, Craft, Trade and Agriculture of Treviso at no. Economic and Administrative Index 340651 of the Business Register, Tax Code/VAT no. 04323040263.
GENERAL TERMS AND CONDITIONS OF SALE
1. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE AND CONCLUSION OF THE CONTRACT
a. The contract signed by Nemea srl (hereinafter referred to as “Nemea”) and the Customer (namely, the subject, i.e. the person that makes a purchase on the Site, not associated with his/her commercial, business or professional activity) shall be concluded with the acceptance, even if just partial, of the order by Nemea. If the order should not be accepted, Nemea shall, in any case, immediately notify the Customer about this.
b. By placing an order in one of the foreseen methods, using the order form available on the Site (hereinafter referred to as the '"Order"), the Customer declares to have read all the information provided throughout the purchase procedure and to fully accept these general terms and conditions (hereinafter referred to as "Terms").
c. These Terms can be printed or saved on a durable medium, in accordance with the provisions of Art. 12 of Legislative Decree no. 70/2003 and Art. 51 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014.
2. PURCHASING METHODS
a. The products offered and sold by Nemea are exclusively those available on the website www.loewenweiss.com at the time the Order is forwarded, as described in the related information sheets.
b. In any case, the images accompanying the information sheet of a product are intended to be for informational purposes only and may not be fully representative of the features of the product, for example they may differ in colour and size (this also depends on the browser and monitor used for accessing the Site and on how images are displayed).
c. To place an Order, Customers will have to fill in each part of the related form available on the Site and submit it after having carefully read the Terms, as well as the characteristics of the product and/or products that they intend to purchase. The Customer must also send a request to Nemea, if desired, to issue an invoice for the purchase, pursuant to Art. 22 of Presidential Decree no. 633/1972.
d. Nemea shall confirm the correct receipt of the Order by sending an answer via e-mail to the e-mail address specified by the Customer. This confirmation message will briefly indicate the terms of purchase, as prescribed by the applicable legislation, as well as the data entered by the Customer in the Order, so that the Customer may check such data and, if necessary, notify without delay if any erroneous data needs correcting.
3. PRICES AND PAYMENT METHODS
a. The prices listed on the site all include taxes and VAT. Any shipping costs or expenses to be paid shall always be notified to the Customer in advance through the site or as follows.
b. The following payment methods are available:
Customers can pay through the Paypal circuit in accordance with its specific payment methods.
If goods are purchased with payment by Credit Card, the transaction may be made through the secure payment platform PayPal, Braintree or another secure server previously chosen by Nemea. Under no circumstances, and in no stage of payment, shall Nemea be able to know the credit card details of the Customer, which are transmitted via secure connection directly to the site of the bank that will handle the transaction. Such data shall not be stored on the electronic archives of Nemea, therefore the latter may not be held liable, in any way, for any fraudulent or illegal use of credit cards by a third party at the time of payment.
- BANK TRANSFER
In case of purchase via bank transfer, the bank details for payment will be shown. Goods will be shipped only upon receipt of successful payment in the bank.
4. DELIVERY OF PRODUCTS AND RELATED EXPENSES
a. Any products purchased shall be delivered to the address specified by the Customer in the Order within ten working days after the Order has been accepted by Nemea, at the price specifically indicated on the Site before the Order is sent. Nemea reserves the right to accept or decline deliveries requested outside of Italy or Europe.
b. In any case, with regard to deliveries to be made outside of Italy, shipping costs and delivery times may vary. With regard to deliveries to be made in non-EU countries, any customs import charges shall be borne by the recipient. We therefore ask all Customers to contact the customs authorities of their country in advance to check costs and whether there are any limits to imports.
c. The delivery times specified by Nemea are to be considered indicative and any delays in delivery times, or any delivery made with subsequent split shipments, shall not give the Customer the right to refuse the delivery and to request any form of refund or compensation.
d. Upon delivery of the products, the Customer must check:
» that the number of parcels delivered corresponds to what is specified in the transport document.
» that the packaging is intact, not damaged, wet or altered in any way, also as regards sealing materials (adhesive tape or metal straps).
e. Any damage to the packaging and/or product or lack of correspondence of the number of parcels or specifications must be immediately detected, attaching a specific note on the delivery document of the product that has to be returned to the courier. Any issues concerning physical integrity, correspondence or completeness of the products received must be reported within 7 days after delivery, according to the procedures described in this document.
5. RIGHT OF WITHDRAWAL
a. Pursuant to Art. no. 52 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, the Customer may withdraw from the Terms, and therefore from the purchase contract for any reason, without giving any explanation and without penalty, within 14 (fourteen) working days from the date of receipt of the products. To exercise the right of withdrawal referred to in the previous Art. 5.1, the Customer must notify Nemea of this, within the specified time limits, in writing to the following e-mail address email@example.com, or by sending Nemea a registered letter with return receipt.
b. In case of withdrawal, Customers must return the products to Nemea, at their own expense, within 14 (fourteen) days from withdrawal, to the following address: Nemea srl Via Giorgio Perlasca 4, 31044 Montebelluna (TV), Italy. The goods must be returned intact, including all parts and in their original packaging (envelopes and packages), preserved and possibly used for the time strictly necessary to determine and check their nature, characteristics and size, with due diligence and with no signs of wear or dirt, in compliance with the following terms:
» the right of withdrawal may be applied to the purchased product in its entirety; in fact, the Customer cannot exercise the right of withdrawal exclusively on the part of product purchased (e.g. accessories, complements, etc.);
» to allow withdrawal, the product must be intact and returned in its original package, with all its parts (including packaging and any accessory documents and equipment: labels, tags, seals, etc.);
» shipping costs (and any customs charges, if present) for returning the product shall be exclusively borne by the Customer.
» the Customer shall be fully responsible for shipment, until the certificate of receipt at the warehouse specified by Nemea has been issued;
» if the goods are damaged during transport, Nemea shall notify the Customer, so that the latter can file a timely complaint to the chosen courier and obtain the related refund. The product shall then be made available to the Customer, while simultaneously cancelling the request for withdrawal;
» Nemea shall not be held liable, in any way, in case of damage, theft or loss occurred during shipping or that may be related to shipment when returning the product.
c. Nemea shall refund the full amount already paid to the Customer, net of the shipping charges incurred and of any customs charges paid on imports, within 14 (fourteen) days from withdrawal, by transferring the amount charged, using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed. In any case, the Customer shall not bear any expenses as a result of such refund. Nemea may suspend the refund until it has received the returned product or until the Customer has demonstrated having returned the product properly, if this should occur first.
d. In any case, the Customer shall lose the right of withdrawal if Nemea assesses the following:
» the returned product and/or its accessories, and/or its package are not intact;
» the product does not have its external package and/or the original internal packaging;
» the product lacks its integrating elements and/or accessories.
If the right of withdrawal lapses, Nemea shall return the purchased product to the sender, charging the latter for the shipping costs and, if already reimbursed, the price of the product.
Nemea shall be liable for any lack of conformity that may become apparent within the statutory time limit of two years after the goods have been delivered.
For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist:
a) they are suitable for the purposes for which goods of the same type are normally used;
b) they comply with the description provided by the seller and have the qualities of the product that the seller has presented to the consumer as a sample or model;
c) they show the quality and usual performance of goods of the same kind, which the consumer can reasonably expect considering the nature of the goods and, where appropriate, the public statements on the specific characteristics of the goods made by the seller, manufacturer or agent or representative of the latter, especially in the advertising or on the labelling;
d) they are fit for the specific purpose required by the consumer, who had informed the seller at the time the contract was concluded, and the seller accepted also due to concluding facts.
The Purchaser shall not be entitled to any rights if he/she does not inform the seller of the lack of conformity within a period of one month after the date on which the defect was detected. This must not necessarily be reported if the seller has acknowledged the existence of the defect or has concealed it.
In any case, unless proved otherwise, any lack of conformity that should become apparent within six months of delivery of the product is assumed to have already existed on that date, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity. In case of lack of conformity, the Purchaser may request, alternatively and without additional charges, under the terms specified below, for the purchased goods to be repaired or replaced, the purchase price to be reduced or this contract to be terminated, unless the request is objectively impossible to fulfill or if it is excessively expensive for the Supplier in accordance with Art.130, paragraph 4 of the Italian Consumer Code.
Such request must be submitted to the Supplier in writing, via registered mail with return receipt or by certified e-mail, and the latter shall then specify whether the request can be fulfilled or the reasons that prevent it from being fulfilled, within seven working days of receipt. In the same notification, if the Supplier has accepted the Purchaser's request, the Supplier must specify the method with which the goods shall be delivered or returned, as well as the deadline for returning or replacing the faulty goods.
If it is impossible to repair and replace the goods or if it is excessively expensive to do so, or if the Supplier has failed to repair or replace the goods within the deadline referred to in the previous section or, last but not least, if the replacement or repair carried out previously have caused significant inconvenience to the Purchaser, the latter may request, at his/her own discretion, for the price to be reduced appropriately or for the contract to be terminated. In such case, the Purchaser must send a request in writing to the Supplier, specifying whether the request can be fulfilled or the reasons that prevent it from being fulfilled, within seven working days of receipt.
In the same notification, if the Supplier has accepted the Purchaser's request, the Supplier must specify the price reduction offered, as well as the method with which the faulty goods shall be returned. In such cases, the Purchaser shall be obliged to specify the crediting methods for the amounts previously paid to the Supplier.
7. COMPLAINTS AND REQUESTS FOR INFORMATION
For any complaints or requests for information, please contact Nemea: Nemea srl Via Giorgio Perlasca 25 31044 Montebelluna (TV), ITALY Tel. no. +39 0423/870158, E-mail: firstname.lastname@example.org
9. APPLICABLE LAW
The sales contract under these Terms and its implementation is governed by Italian Law, whereas the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods shall not be applied. Any related disputes shall be settled by the competent Court of jurisdiction of the municipality of residence of the Supplier.