SALES TERMS AND CONDITIONS
Art. 1 – PREAMBLE AND OBLIGATIONS OF THE PARTIES
1.1. These General Conditions of Sale, available to the purchaser for reproduction and retention pursuant to Art. 12, clause 3 of Legislative Decree 70/2003, concern the purchase of products, made remotely online through the website www.paolazuin. com belonging to the company NUIZ Srl, registered with the Chamber of Commerce of Pordenone - Udine under no. PN 354289 of the Register of Companies, with its registered office in Vicolo del Campanile 6, 33170 Pordenone (hereinafter also referred to as the "Supplier"), VAT no. 01873210932, Tel. +39 0434/208998-934038, e-mail: email@example.com.
1.2. The purchaser explicitly declares that the purchase is intended for purposes unrelated to any commercial or professional activities carried out and undertakes not to sell the purchased goods.
1.3. The term “Online sales agreement” refers to the purchase and sale agreement, i.e. the legal transaction concerning movable goods, stipulated between NUIZ Srl and the purchaser, by a remote sales system organised by NUIZ Srl, which, for this agreement, uses the remote communication technology of the Internet.
1.4. The term “Purchaser” refers to the consumer as a physical person who makes the purchase, referred to in this agreement, for purposes unrelated to any commercial or professional activities carried out.
1.5. The term “Supplier” refers to the person who sells the goods covered in this agreement.
1.6. The website (or simply “Site”) referred to is www.paolazuin.com
Art. 2 - ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
2.1. These General Conditions of Sale are valid from the date of publication on the Site and may be updated, supplemented or amended, obviously taking effect for the future, at any time by NUIZ Srl, which will communicate them on the pages of the Site. The conditions provided in the preamble are an integral and essential part of this agreement.
2.2. These General Conditions of Sale must be examined "online", before completing the purchase procedure. The forwarding of order confirmation therefore implies full knowledge of them and full acceptance of them. The Purchaser is invited to carefully read what is reported herein, and to print and/or save it on another lasting medium that is accessible, also for the purposes of Art. 52 and 53 of Legislative Decree n. 206/2005 (Consumer Code).
2.3. In sending electronic confirmation of the purchase order, the Purchaser unconditionally accepts and undertakes to observe, in his/her relations with NUIZ Srl, the general and payment conditions illustrated below, declaring that he/she has read and accepts all the information provided according to the aforesaid provisions, also noting that NUIZ Srl does not consider itself bound to different conditions unless previously agreed in writing.
2.4. For the consumer, sales transactions are governed by the provisions of Legislative Decree n. 206/2005 (Consumer Code).
2.5. These General Conditions of Sale do not apply to the sale of products made by third parties using direct links to the website www.paolazuin.com via banners or other hyperlinks/links. Under no circumstances shall NUIZ Srl be held liable for the supply of services promised by third parties or for the execution of e-commerce transactions between its customers and third parties.
2.6. The languages available to conclude the agreement with the Supplier are Italian and English.
Art. 3 – CONCLUSION OF THE AGREEMENT AND PURCHASE TERMS
3.2. Each order sent constitutes an offer for the purchase of NUIZ Srl products on the Site. The agreement shall be considered completed and effective between the parties only upon the execution of the order and issuing of the related invoice or sales note, with the Supplier having the faculty, up to that time, to refuse the order.
3.3. In the event of the impossibility, even temporary, to process the order either partially or totally, NUIZ Srl will send an e-mail to make arrangements with the customer, without prejudice to the option for the latter to request the cancellation, even partial, of the order and the return of the corresponding amount already paid. In any case, since orders are subject to availability and acceptance by the Supplier, the latter may at any time and at his/her own discretion refuse to accept the Purchaser's order if, by way of example and not exclusively:
- the customer provides incomplete or otherwise inaccurate data making it impossible to process the order or otherwise prevent the issuing of the invoice and/or delivery of goods, with the specification that NUIZ Srl does not make deliveries to PO boxes;
- the products ordered are no longer available on the Site (see Art. 5);
- an error has occurred on the Site related to the ordered products concerning, for example, the price or the description of the products as shown on the Site;
- the amount for the order is too high and therefore a concrete evaluation will be made on a case-by-case basis, at the complete discretion of the Supplier.
In such cases, the Purchaser will be entitled to a full refund of any price paid and to no further reimbursement.
3.4. The product characteristics are specified in the online catalogue and are visible at the time of selecting and compiling the order before concluding the submission procedure. Prices (including VAT and any other taxes and duties) are specified next to each product in the online catalogue. The total cost of the transaction will, in any case, be communicated to the customer before the confirmation of the purchase.
3.5. The price that will be charged is the one indicated next to the product at the time of concluding the order, in addition to the contribution for shipment costs and any extra services chosen by the customer, without taking into account any subsequent updates. NUIZ Srl reserves the right to change the prices of products and the contribution to shipment costs without prior notice. Any new amounts will take effect from the time they are published on the Site and will be applied to sales made from that time onwards.
3.6. All customers may pay for the goods ordered using the payment methods specified on the Site.
Art. 4 - DELIVERY PROCEDURES
4.1. NUIZ Srl will deliver the selected and ordered products to customers by courier, to the address indicated by them, by the procedure provided for in the previous Article.
4.2. When ordering, the customer may, however, specify a delivery address other than the billing address.
4.3. The purchased goods will be shipped within two to three working days and no more than 30 (thirty) working days. The delivery date may be subject to change depending on the type of product and availability in stock. The Supplier shall not be held liable for any delayed delivery or non-delivery due to force majeure or fortuitous circumstances. The delivery time calculation does not include Saturdays, Sundays, holidays or other special circumstances, such as the absence of the recipient, the place of delivery being difficult to reach and other problems directly attributable to the courier but not attributable to NUIZ Srl.
4.4. Upon receipt, the customer is required to check that the product delivered corresponds to the order placed. Only after checking, and naturally with the exception of the right of withdrawal provided for in Art. 9, the customer will be required to sign the delivery documents.
4.5. NUIZ Srl shall not be held liable for any damage or delay during delivery, caused by the courier, to the purchased products and shall remain totally excluded from any interaction between the courier and the customer.
4.6. Once the purchase has been made, an invoice will automatically be issued in electronic format or, alternatively/upon express request, in printed format. The latter will be placed inside the package.
4.7. Orders are processed from Monday to Friday after payment has been received.
4.8. We deliver to the following countries: ………(see attached list…)…….
4.9. For the goods to be delivered, the presence of the customer or someone representing the customer is required at the recipient's address specified on the order. Upon delivery of the goods by the courier, the customer is required to check that the number of packages delivered corresponds to the number specified on the transport document and that the packaging is intact, undamaged, not wet or, in any case, altered, including the materials used for closing. Any damage to the package and/or purchased products or any non-correspondence in the number of packages must be immediately contested in writing on the courier’s proof of delivery.
4.10. If the package is returned to the headquarters of NUIZ Srl and stored at the courier's premises, NUIZ Srl will charge the customer for the storage costs, which NUIZ Srl will eventually pay to the courier. A customer who is not available at the time of delivery, may contact, when possible, the courier’s premises in his/her area and agree on a later delivery date or collect the goods from the courier’s premises.
4.11. NUIZ Srl is not financially liable for any packages left in storage at the courier's premises. A customer who has not been able to come to an agreement with the locally-based courier for a second attempt at delivery, or collection from the courier’s premises, will be required to find a solution for the shipment.
4.12. If the courier delivers the parcel back to the Supplier’s headquarters due to failure on the part of the customer to collect it, NUIZ Srl will contact the customer for eventual delivery and request the reimbursement of any storage costs, as well as any shipment costs incurred (for delivery back to NUIZ Srl) and any additional costs (delivery to the customer). If the customer does not intend to pay the expenses incurred by NUIZ Srl or does not contact NUIZ Srl to agree, or if e-mails from NUIZ Srl requesting reimbursement for the expenses incurred are not answered within a reasonable period of time of 7 (seven) days, NUIZ Srl will keep the uncollected goods due to default by the customer.
4.13. The Supplier reserves the right to refuse orders from a customer with whom a legal dispute concerning a previous order is in progress. This equally applies to all cases in which NUIZ Srl considers the customer unsuitable, including, for example, the case of previous breaches of the agreement conditions for online purchases on www.paolazuin.com or for any other legitimate reason, particularly if the customer has been involved in any kind of fraudulent activities.
Art. 5 - PRODUCT AVAILABILITY
5.1. The customer may purchase products according to the conditions specified in the e-catalogue provided by NUIZ Srl and in quantities available in stock.
For this purpose, in real time in its electronic catalogue, the Supplier will indicate the number of products available and those unavailable, as well as shipment times.
5.2. NUIZ Srl cannot guarantee the constant availability of products at the conditions offered, and remains committed, in the event of unavailability and payment of the goods, to promptly inform the customer and refund the price without any additional charges, within a maximum of 14 calendar days. Nonetheless, NUIZ Srl will immediately contact the customer to propose a replacement product of equal value or the deduction of the amount from the total order if more than one product is purchased.
5.3. In case of partial unavailability of the goods, the customer will be promptly informed by e-mail of the temporary unavailability and will be able to decide whether: a) to accept the delivery of only the products available and the sending, at a later date, of the item unavailable at the time; b) to receive the ordered items in a single shipment when the order is completed; c) to cancel the temporarily unavailable item from the order (NUIZ Srl undertakes not to charge the customer the corresponding price).
5.4. Products on a promotional/special offer may be ordered subject to current availability in stock.
5.5. In any case, NUIZ Srl shall have the right to confirm and/or change the price specified and, in this case, the customer may withdraw before delivery if the final price is excessively high compared to the originally agreed upon price. The Seller will then be obliged to return any amount already paid by the customer.
Art. 6 - LIABILITY
6.1. NUIZ Srl is not liable for any inefficiencies due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, epidemics, pandemics, popular uprisings and other similar events that might prevent, in whole or in part, the execution of the agreement according to the established time. Moreover, NUIZ Srl shall not be held liable, except in the case of wilful misconduct or gross negligence, for any inefficiencies or malfunctions connected with using the Internet network beyond its own control or that of any sub-suppliers.
6.2. NUIZ Srl shall not be held liable to any party or third party for any damages, losses and costs incurred as a result of failure to fulfil the agreement due to the afore-mentioned causes, the consumer being entitled only to the refund of the price paid.
6.3. NUIZ Srl is not responsible for any fraudulent and illegal use that may be made by third parties, credit cards, cheques and other means of payment, upon payment of the purchased products. At no time during the purchase procedure is NUIZ Srl able to know the Purchaser's credit card number, which, by opening a protected connection, is transmitted directly to the bank service provider.
Art. 7 - GUARANTEES AND METHODS OF ASSISTANCE
7.1. The Supplier is liable for any eventual defect or lack of conformity of the product attributable to the Supplier, provided that such a flaw or defect has been reported by recorded delivery to NUIZ Srl "Vicolo del Campanile 6 - –33170 Pordenone" or sent by e-mail to firstname.lastname@example.org within two months (sixty (60) days) from the date of discovering the defect. It is not necessary to report it if the Supplier has acknowledged the existence of the defect or has concealed it.
7.2 With regard to the guarantees of conformity of the purchased products, the legal guarantees provided by law shall also apply to the sale of the products governed by these General Conditions of Sale. In the event of non-conformity of the delivered products, Articles 129, 130, 131 and 132 of Legislative Decree n. 206/2005 (Consumer Code) shall apply.
Art. 8 - CUSTOMER OBLIGATIONS
8.1. The customer undertakes and is obliged, once the online purchase procedure has been completed, to print and keep these General Conditions of Sale. The customer will already have seen and accepted them as a mandatory step of the purchasing process, in addition to the specifications of the purchased product in order to meet the conditions of Legislative Decree n. 206/2005 (Consumer Code) and Legislative Decree n. 70/2003.
8.2. These General Conditions of Sale may be updated or amended at any time by NUIZ Srl, which will communicate them on the Site. The Purchaser undertakes and is obliged, whenever there is an amendment to these General Conditions of Sale, to print and keep them.
8.3. It is strictly forbidden for the Purchaser to enter any false and/or invented and/or fictional data during the registration procedure, which is required to activate the procedure for the execution of this agreement and related further communications. The Purchaser’s personal data and e-mail address must be exclusively his/her own personal data and not those of third parties, or fictional data.
8.4. It is explicitly forbidden to make double registrations corresponding to a single person or enter data belonging to third parties. NUIZ Srl reserves the right to take legal action against any violation and abuse, in the interests and for the protection of all consumers.
8.5. The customer indemnifies NUIZ Srl from any liability arising from the issue of any incorrect fiscal documents due to errors in the data provided by the customer, since the customer is solely responsible for correct entry.
Art. 9 - RIGHT OF WITHDRAWAL AND RETURNS POLICY
9.1. Pursuant to Articles 52 and subsequent amendments of Legislative Decree n. 206/2005, the Purchaser is entitled to exercise the right of withdrawal by returning the goods received in their original packaging, together with all labels and obtain a refund of the price paid.
9.2. The Purchaser who, for whatever reason, is not satisfied with the purchase made, has the right to withdraw from the stipulated agreement, without penalty and without specifying the reason, within 14 calendar days of the day of receiving the purchased goods. The right of withdrawal must be exercised in compliance with the mandatory conditions established by NUIZ Srl.
9.3. All costs for returning the products shall be borne by the customer who, directly or by other means, will deliver them to the Supplier's domicile in Vicolo del Campanile 6 - 33170 Pordenone - Italy. All items must arrive in the same condition as when they were received, with the original packaging and all labels that are part of the package and the original packaging. Goods must not be returned in any other way. In any case, the Purchaser is only liable for the decrease in value of the goods resulting from handling the goods in a way other than that required to establish the nature, characteristics and functioning of the goods.
9.4. In order to exercise the right of withdrawal, the Purchaser must, within the term specified in 9.2 (14 calendar days from the day of receipt of the purchased goods), send a recorded delivery letter to the following address: NUIZ Srl, Vicolo del Campanile 6 - 33170 Pordenone - Italia. The recorded delivery letter is considered to be sent in good time if delivered to the accepting post office within 14 calendar days of delivery of the goods. Advance notification may be made by sending an e-mail to email@example.com, which must be followed within 48 hours by the afore-mentioned recorded delivery letter confirming withdrawal. Withdrawal may also be carried out using the following FORM to be filled in, signed and submitted to the e-mail address: firstname.lastname@example.org.
9.5. NUIZ Srl will accept the returned goods reserving the right to ascertain that the products have been returned in their original condition, with an intact sole, without any signs of wear and with all the original packaging and labels. Only in such cases will NUIZ Srl refund, within 14 days of the day on which it is informed of withdrawal, the amount paid by the Purchaser for the purchase of the products or the different amount in the event of a decrease in value of the goods pursuant to Art. 9.3. Any goods returned with signs of wear, or delivered to our headquarters outside the 14-day period will be returned to the original address.
Art. 10 - AUTHORISATIONS
10.1. By filling in the appropriate space, accessible from the Site, for the completion of the purchase procedure, the customer authorises the Supplier to debit the total amount shown, as the price of the purchase made online, from the customer’s current account in favour of NUIZ Srl. The entire procedure is done through a protected link directly connected to the bank, which owns and manages the online payment service that NUIZ Srl cannot access.
10.2. If the Purchaser exercises the right of withdrawal, as set forth in Art. 9 of these General Conditions of Sale, or in any case in which the payment does not result in the completion of the sale, the amount to be refunded will be credited to the same credit card or to other means of payment used explicitly specified by the customer.
Art. 11 - TERMINATION OF THE AGREEMENT AND EXPRESS TERMINATION CLAUSE
11.1. NUIZ Srl has the right to terminate the agreement by giving simple notification to the customer indicating the reason. In this case, the customer will only be entitled to a refund of any amount already paid.
11.2. The obligations assumed by the customer under Art. 8 (Customer Obligations), and the guarantee of the successful completion of the payment are essential. By explicit agreement, the non-fulfilment by the customer of only one of these obligations will therefore result in the termination of the agreement under Art. 1456 of the Civil Code, without the need for a judicial decision and without prejudice to the right of NUIZ Srl to take legal action for compensation for further damages.
Art. 12 - RELEVANT LAW AND COURT OF JURISDICTION
12.1. Any dispute relating to the application, execution, interpretation and breach of purchase agreements entered into online via the website www.paolazuin.com is subject to Italian law. For anything not provided for, these General Conditions of Sale refer to the provisions of Legislative Decree n. 206/2005.
12.2. Without prejudice to the right set forth in Art. 13 regarding any dispute arising between the parties concerning this agreement, jurisdiction shall reside with the Court in whose district the Purchaser is domiciled, in accordance with the law in force.
Art. 13 - ONLINE RESOLUTION OF DISPUTES FOR CONSUMERS
13.1. Regulation EU n. 524/2013, which established an online platform forindependent, impartial, transparent, effective, quick and fair out-of-court resolution of online disputes between European consumers and professionals, allows, before any other judicial solution is attempted, to have recourse to this alternative body for resolving any disputes. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
Art. 14 – PERSONAL DATA PROCESSING
The Customer's data are processed by NUIZ Srl in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the section "Information pursuant to Art. 13 of Regulation EU n. 679/2016".
Latest update: 8 JULY 2020.