TERMS AND CONDITIONS
This document (together with the documents mentioned herein) contains the terms and conditions governing the use of this website (www.nirarubens.com) and the purchase of the items contained therein (henceforth the "Conditions").
Contracts (as defined below) may be entered into, on request, in any of the languages that the Terms and Conditions are available in on this website.
2. OUR DETAILS
The sale of products through this site is managed by Panta Rei Srl, with registered office in Piazza G. Marconi 25, 30039 Stra (VE), Tax code and VAT no. IT03072780277, REA no. VE-280026, contact email firstname.lastname@example.org, contact information can be found in the "contact" section of this website www.nirarubens.com.
3. YOUR DETAILS AND ACCESS TO OUR WEBSITE
The information or personal details provided by you will be processed in accordance with our Data Protection Policy. By using our website, you authorise us to process this information and personal details and declare that all the information and/or personal data provided to us is accurate and correct.
4. USE OF OUR WEBSITE
By using our website and/or by placing orders through the same, you agree to:
(i) use the website only for browsing or for placing legitimately valid orders;
(ii) not to place fake or fraudulent orders. Where we have plausible reasons to believe that an order of this kind has been made, we shall be authorised to cancel it and notify the relevant authorities;
(iii) provide us with your e-mail address, postal address and/or other contact details in a truthful and appropriate manner. Likewise, you agree for us to use this information to contact you (when applicable, please read the information regarding Personal Data Protection).
If you do not provide us with all the information required, we will not be able to process your order.
By placing an order through this website, you guarantee to be of at least 18 years of age and have the legal power to enter into binding contracts.
5. METHOD OF ENTERING INTO THE CONTRACT
The information provided in these Terms and Conditions and the details contained on this website do not constitute an offer to the public, but a mere invitation to treat. There shall be no contract between you and ourselves over any products until we have expressly accepted your order. Where your order is not accepted but your account has already been charged, you will be refunded the full amount charged.
To place an order, you will need to follow the online purchase process and click “PLACE ORDER”. You will then receive an e-mail confirming that your order has been received ("Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order is an offer that you are making to us to buy one or more products. All orders will be subject to our approval, which you will be informed of in an e-mail confirming that the order is to be shipped ("Shipping Confirmation"). A product's purchase-sale contract between you and ourselves (the “Contract”) shall only be understood as entered into when we send you the Delivery Confirmation.
Only the products listed in the Shipping Confirmation will be subject to the Contract. We will not be obliged to provide you with any other product that has not been ordered if such products are not confirmed in the Shipping Confirmation.
6. PRODUCT AVAILABILITY
All product orders are subject to availability. To this end, in the case of supply problems or stock shortages, we reserve the right to provide you with information on replacement products of the same or higher quality and value, which you are free to decide to order. If you do not wish to place an order for such replacement products, we will refund you any amounts already paid by you.
7. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and/or to delete or modify any material or content thereof. Although we will always do our utmost to follow up all orders, exceptional circumstances may arise that oblige us to refuse to process orders after we have sent out an Order Confirmation, and we reserve the right to do this at all times.
We shall not be liable to you or any third party for removing any product from this website, deleting or modifying any material or content on the website, or for failing to process an order after the Order Confirmation.
Notwithstanding Clause 7 below, and except in the case of extraordinary circumstances, we undertake to do everything within our power to send the product(s) ordered, as indicated in the relevant Shipping Confirmation, by the date stated in the Shipping Confirmation or, where no delivery date is specified, within the estimated time for the selected delivery method and, in any case, within 30 days from the date of the Order Confirmation.
Nonetheless, delays may occur due to a variety of reasons, such as customisation of products, the occurrence of unforeseen occurrences or the delivery area.
If, for any reason, we are unable to comply with the delivery deadlines, we will notify you and give you the option either to continue with the purchase by setting a new delivery date or to cancel the order, with the ensuing refund of the entire amount paid. Please note that no home delivery is provided on Saturdays and Sundays.
For the purposes of these Terms and Conditions, a "delivery" shall be understood to have been made or an order "delivered" once you or a third party stated by you are in physical possession or control of the product(s), which will be evidenced by the signing of the order receipt at the delivery address agreed to.
9. INABILITY TO DELIVER
If we cannot complete the delivery of your order, we will attempt to leave it in a safe place. If this is not possible, your order will be sent back to our warehouse. In that case, we will leave you a note specifying the location of where your order is being held and how to arrange a new delivery. If you are unable to be present at the agreed delivery time, we will ask you to contact us again to arrange a new delivery date.
If delivery cannot take place for reasons not attributable to us, after 30 days as from the date on which your order is available for delivery, we will assume that you intend to cancel the Contract, which will be then deemed to have been annulled. As a result of the cancellation of the Contract, we will refund all the amounts you paid, including delivery costs (excluding any additional costs arising from your choice of a delivery method other than the ordinary method we offered) without any unjustified delays and, in any event, within 14 days of the date of cancellation of the Contract. Please note that shipping resulting from the cancellation of the contract may incur additional costs that will be charged to you.
10. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
All product-related risks shall be borne by you as soon as the product has been delivered to you. You will acquire ownership of the product as soon as we have received full payment of all amounts owed to us, including shipping charges, or at the time of delivery (as defined in Clause 8 above) whichever occurs later.
11. PRICING AND PAYMENT
The prices of the product will be as indicated on our website, unless there is an obvious error. Although we are committed to doing all in our power to ensure that every price appearing on the website is correct, errors may occur. If it comes to our attention that the price of the products you have ordered is incorrect, we will inform you as soon as possible and will give you the option of reconfirming your order at the right amount or cancelling it. If we cannot get in touch with you, the order will be cancelled and you will be refunded the full amount paid.
We are not obliged to provide you with any product at the incorrect lower price (even when we have already sent the Shipping Confirmation) if the price error was obvious and unmistakable and could reasonably have been recognised by you as a mistake.
Prices shown on the website are inclusive of VAT but exclusive of shipping costs, which are to be added to the total amount to be paid. Delivery costs vary according to geographical location and are clearly indicated on the product sheet. Prices may change at any time. However (unless stated previously) any changes will not affect the orders for which we have already sent an Order Confirmation.
Once the items you wish to buy have been selected, those items will be added to your cart, after which you can complete the order and make your payment. To do so, you will need to follow the purchase instructions, by entering or verifying the information requested during each step of the purchase process. You may also modify your order details at any time of the purchase process prior to payment. You will find a detailed description of the purchase process in the Purchasing Guide. In addition, if you are a registered user, a list of all your orders will be available in the "My Account" section.
Payment can be made by Visa, Mastercard, and PayPal and bank wire.
By clicking “PLACE ORDER", you confirm that the credit card is in your name. Credit cards will be subject to verification and authorisation by the issuer. However, should the latter fail to authorise the payment, we shall not be responsible for any delay or failure to deliver and will not be able to enter into the Contract with you.
12. MAKING PURCHASES AS A GUEST
The option to make purchases as a guest is also available on this site. This purchase method will only ask you for the information required for processing your order. Upon completion of the purchasing process, you will be offered the opportunity to register as a user or to continue as a non-registered user.
13. VAT (VALUE ADDED TAX)
Under the current legislation, any purchase made through the website will be subject to Value Added Tax (VAT). Unless otherwise specified, taxes and customs charges are included in the price.
14. RETURN/EXCHANGE POLICY
14.1 Right of withdrawal
If you are completing a transaction as a consumer, you will be entitled to withdraw from the Contract within a period of 14 days without having to provide any reason.
The withdrawal period referred to in the preceding paragraph expires 14 days from the day on which you, or a third party other than the courier and stated by you, takes physical possession of the items or, in the case of multiple items ordered in a single order and delivered separately, expires 14 days as from the day on which you or a third party, other than the courier and stated by you, takes physical possession of the final item.
To exercise your right of withdrawal, you must notify us by writing to email@example.com of your decision to withdraw from the Contract with a clear statement.
To meet the withdrawal deadline, it is sufficient for you to send the corresponding communication regarding the right to withdraw before the withdrawal deadline comes to its end.
Effects of withdrawal
Should you withdraw from the Contract, all payments made in our favour will be refunded in full, including any delivery costs (except additional costs incurred where an alternative to our standard economy delivery method has been chosen by yourself), without unnecessary delay and no later than 14 days, from the day we receive the items back. Refunds will be made under the same method of payment that you used for the original transaction. You will not, in any case, incur any fees for such refunds. Return costs vary according to geographical location and are clearly indicated on the product sheet.
14.2 Common provisions
You will not be have the right of withdrawal from the Contract when it is for the supply of one or more of the following products:
2. Sealed items that are not suitable for return for hygienic reasons and which have been opened after delivery.
Your right of withdrawal from the Contract shall apply exclusively to those products returned in the same condition in which you received them. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged: So take care of the products while in your possession. Please return the item by using or including the original packaging, instructions and other documents accompanying the products, if any, in the parcel. In any case, you must send the product to be returned together with the receipt that you received when the product was delivered. The return will be organized by our trusted courier.
You should contact us through our email firstname.lastname@example.org to arrange for the product to be collected at your home address. After examining the product, we will inform you of whether you have the right to reimbursement of the amounts paid. Shipping costs will be refunded where the right of withdrawal is exercised within the deadline provided for and all the items covered by the same delivery are returned. The refund will be made as soon as possible and in any event, within 14 days as from the date on which notice has been given of your intention to withdraw from the Contract. Notwithstanding the above, refunds may be delayed until the returned items are received or we receive confirmation from you that the items have been dispatched, whichever is sooner. The refund will always be made under the same payment method used for making the purchase.
14.3 Return of defective products
If you believe that, at the time of delivery, the product does not conform to the terms of the Contract, you must contact us immediately by e-mail, indicating the product data as well as the damage incurred, and we will advise you of the procedure to follow.
Products returned by you because of damage or a defect, where one exists, will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. Refunds will always be made under the same payment method used for making the purchase.
All rights recognised by current regulations shall remain unaffected.
15. LIABILITY AND EXEMPTION FROM LIABILITY
Except where otherwise provided for under these Terms and Conditions, our liability for the products purchased on our website will be limited exclusively to the purchase price of the product in question.
Notwithstanding the above, our liability is neither excluded nor limited in the following cases:
a) Cases of death or personal injury arising from our negligence;
b) Cases of fraud or fraudulent activity; or
c) Any circumstance in which it is illegal or unlawful for us to exclude, limit or try to limit or exclude our liability.
Notwithstanding the provisions of the preceding paragraph, in so far as it is permitted to do so by current legislation, and unless otherwise provided for in these Terms and Conditions, we will not accept any liability for any indirect damages such as:
i. loss of profit;
ii. loss of turnover;
iii. loss of capital gains or loss of contracts;
iv. loss of anticipated savings;
v. loss of data; as well as
vi. waste of office management time.
Owing to the open nature of this website and the possibility that errors may occur in the retention and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless expressly stated otherwise.
All product descriptions, information and materials that appear on the website are provided "in their unaltered state" and without any explicit or implied warranties, except for those provided under legislation. To that end, if you are completing a transaction as a consumer or user, we undertake to deliver products that are in compliance with the Contract, remaining liable for any lack of conformity which exists at the time of delivery. Products are understood to conform to the Contract where (i) they comply with the description given by us and possess the qualities presented on this website, (ii) are suitable for the use for which the products are normally intended, (iii) and demonstrate the quality and features that are normal in other products of the same type and which can reasonably be expected. Within the limits provided by law, we exclude all warranties, except for those that may not be legitimately excluded from consumers and users.
Our products, especially those made by hand, present the natural features of the materials used in the manufacturing process. Natural features such as the grain, surface texture, knots or colour variation should not be interpreted as imperfections or defects. On the contrary, lack of uniformity due to the use of natural raw materials should be expected and appreciated. We select only high-quality products but this type of variation is inevitable and must be accepted as part of the product's characteristic appearance.
These provisions do not in any way limit the rights granted to consumers under current legislation nor your right to terminate the Contract.
16. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks and any intellectual property rights whatsoever relating to the materials or content presented as an integral part of the website are our property and the property of those who have granted us permission for their use. You may only use this material in the manner for which you receive express permission from us or by those who have granted us permission for its use. This will not prevent you from using the website to the extent necessary for copying the information regarding your order or contact details.
17. VIRUSES, PIRATING, AND OTHER CYBER ATTACK RISKS
You must avoid any inappropriate use of this site, along with avoiding the introduction of viruses, Trojan horses, worms, logic bombs, or other programmes or materials that may cause technological damage. If you do not have permission, you must not access the website or the server on which it is hosted, nor any other server, computer, or database related to our website. You must agree not to participate in DoS attacks to the detriment of this website.
Failure to comply with this clause may result in violation of the legislation on this subject. In the event of non-compliance with this legislation, we will inform the competent authorities with whom we will work to identify
the perpetrators of the attack. Likewise, in the event of non-compliance with this Clause, authorisation for the use of this website will be immediately withdrawn.
To the fullest extent permitted by current legislation and in respect of the fundamental rights of consumers, we decline any liability for any damage or loss resulting from a DoS attack, virus or other programme or materials that may cause technological damage to your computer, computer equipment, data or materials as a result of using our website or downloading content from it or by redirecting the user to it.
18. LINKS FROM OUR WEBSITE
If our website contains links to other pages or third-party materials, such links will be provided for information only, without any control on our part over the content or materials contained in such pages or websites. Accordingly, we shall not accept any liability in the event of any damage or loss resulting from their use.
19. WRITTEN COMMUNICATIONS
Applicable legislation stipulates that part of the information or communications we shall send you shall be in writing. When using this website, you agree that most of the communications exchanged with us shall be in an electronic format. We will contact you by e-mail, or provide you with information by setting up specific notices on this website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we will provide to you electronically comply with the legal requirement that stipulate that such communications should be in writing. This provision does not in any way limit the rights recognised by current legislation.
All communications addressed to us should preferably be sent using our online form. Notwithstanding what has been specified in Article 19, we reserve the right to send any communications by e-mail or by post to the address provided to us at the time of placing your order.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and ourselves is binding for both parties, as well as for our respective successors and assignees.
You are prohibited from transferring or assigning the Contract or any of the rights or obligations arising from it in any way, without our prior, written consent. We will have the right to transfer, assign, sub-contract or freely dispose of the Contract, or any right or obligation arising from it, in any way and at any time. In order to avoid misunderstanding, any transfers, assignments, subcontracts or other Contract provisions of any kind will not have any impact on the rights to which you are entitled as a consumer and will not undermine, reduce or limit any of the warranties or liabilities we offer, explicitly or implicitly, in any way.
22. FORCE MAJEURE
We will in no way be liable for any non-compliance or delay in the performance of any of the obligations under the Contract caused by events beyond our reasonable control ("Force Majeure Events").
Force Majeure Events are understood as any act, event, non-occurrence, omission or accident outside any reasonable control. This term includes, but is not limited to, the following:
1.Strikes, lockdowns or any other trade union upsets.
2.Riots, uprisings, invasions, terrorist attacks or threats of terrorist attacks, wars (whether declared or not), or threats of war.
3.Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
4.Inability to use railways, sea and air freight, motorised transport or other means of public or private transport.
5.Inability to use public or private telecommunication networks.
6.Acts, decrees, legislation, regulations or restrictions of any government.
7.Any shipping, postal or other relevant transport strike, failure or accidents.
Performance of the obligations under the Contract shall be deemed to be suspended throughout the duration of any event of Force Majeure Event. We shall be granted an extended period for performing the Contract corresponding to the duration of the Force Majeure Event. Note that we shall do our utmost, during a Forces Majeure Event, to find a solution through which we can meet our contractual obligations.
If, during the lifetime of the Contract, we fail to insist upon the performance of any of your obligations, or any of the obligations provided for under these Terms and Conditions, or otherwise fail to exercise any of the rights or actions we are entitled to under the Contract or these General Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not exempt you from meeting your corresponding obligations.
Any possible tolerance on our part of a breach on your part shall not constitute a waiver of any future action against any further breaches.
No waiver on our part of any of your obligations under the Contract or these General Terms and Conditions shall be valid unless expressly communicated in writing, in accordance with the provisions of Clauses 19 and 20 above.
Should any clause or part thereof under these General Terms or any of the provisions of the Contract be construed by any competent authority to be invalid, unlawful or unenforceable, that clause, term or provision shall be deemed to be severed whereas the remaining clauses, terms, and provisions shall remain valid to the fullest extent permitted by law.
25. INTEGRITY OF THE CONTRACT
These General Terms and Conditions, as well as any document to which express reference is made herein, constitute the entire agreement between you and ourselves regarding the subject matter of the Contract and supersede any previous agreement or arrangements between us, whether oral or written.
We, the Parties, hereby acknowledge that, in signing the Contract, neither of the parties has relied on any representation, pledge or promise made by the other party, or inferable from anything written or said during the negotiations prior to the Contract, except where expressly stated in these General Terms and Conditions.
Neither party shall be entitled to remedy any false statements made by the other party, whether orally or in writing, prior to the date of each Contract (except where a false statement is fraudulently made), and the
only forms of action that the other party may take shall be for breach of Contract, as provided in these Terms and Conditions.
26. RIGHT TO MODIFY THESE TERMS AND CONDITIONS
27. APPLICABLE LAW AND JURISDICTION
Use of our website and the purchase of products through this website is governed by Italian law.
If you are entering into this Contract as a consumer, this clause does not in any way affect your legal rights as a consumer.
If you make an online purchase from us on our webpage, we hereby inform you, under EU Regulation Nº 524/2013, that you are entitled to demand an out-of-court resolution of consumer disputes through the http://ec.europa.eu/consumers/odr/ website.