Terms and Conditions
Art. 1 Object of the contract
Nunzia SaS di Dimilta Annunziata & C. with registered office in Viale Dante 32 - 47838 Riccione (RN), tax code and VAT number 03319400408, email: info@nunziashop.it – Tel. 0721 416883, sells and the Buyer purchases with a remote sales contract, via the Internet, the Products selected and ordered by the Buyer from those included in the electronic catalogue and currently available.
The service is active for purchases to be delivered in Italy; these conditions of sale apply exclusively to sales made within the Italian "territory".
Once the order has been placed, the company Nunzia SaS di Dimilta Annunziata & C. will confirm to the Buyer that the purchase order made by the latter has been registered via a message sent to the email address indicated by the Buyer and/or via a web screen.
The contract is considered concluded, and is binding for both parties, when the purchase order confirmation is sent to the Buyer. The processing of the order by the company Nunzia SaS di Dimilta Annunziata & C., is equivalent to confirmation and acceptance of the same. Failure to pay for the goods, after 8 days from the order will result in the cancellation of the same, except for payment on delivery.
The company Nunzia SaS di Dimilta Annunziata & C. reserves the right not to accept incomplete and/or incorrectly filled out purchase orders.
The company Nunzia SaS di Dimilta Annunziata & C. accepts purchase orders for products within the limits of the quantities existing in stock. Therefore, acceptance of the purchase proposal is subject to the availability of the products in stock.
The company Nunzia SaS di Dimilta Annunziata & C. undertakes to promptly communicate to the Buyer any unforeseeable stock shortages due to excess demand or other causes.
Art. 2 Obligations of the Buyer
The Buyer undertakes, once the online purchase procedure has been concluded, to print and/or keep these general conditions, which, moreover, he/she will have already viewed and accepted as an obligatory step in the purchase, as well as to print the specifications of the product being purchased, and this in order to fully satisfy the condition set out in articles 52 and 53 of Legislative Decree 206/05.
The Buyer is strictly prohibited from entering false and/or invented and/or imaginary data in the registration procedure necessary to activate the process for the execution of this sales agreement and the related further communications; the personal data and email address must be real and of the person placing the order and not of third parties.
The Buyer must be of legal age, orders will not be processed by minors.
Art.3 Privacy
Pursuant to art. 13 of Legislative Decree 196/03 “Personal Data Protection Code”, this company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. with registered office in Viale Dante 32 - 47838 Riccione (RN), tax code and VAT number 03319400408, informs that the data provided to it, classified as personal by law, will be processed as described below:
Purpose and methods of processing for which the data are intended:
The data is processed in relation to contractual needs and the consequent fulfillment of legal and contractual obligations arising from the same, as well as to achieve effective management of commercial relationships (establishment of commercial relationships, promotion, marketing, sales statistics, fulfillment of administrative and accounting obligations such as management of contracts and commercial transactions, commercial invoicing, debt collection, historical archiving). The data will be collected, stored and processed on paper, computer or telematic media, in order to guarantee their security and confidentiality. The data will be processed for the entire duration of the contractual relationships established and also subsequently for the fulfillment of all legal obligations as well as for future commercial purposes.
Mandatory or optional nature of the provision and consequences of refusal of consent:
The provision of data is mandatory for all that is required by legal and contractual obligations and therefore any refusal to provide them or to the subsequent processing may determine the impossibility of the undersigned to proceed with the contractual relationships themselves. Failure to provide all data that are not attributable to legal or contractual obligations will be assessed from time to time by the undersigned and will determine the consequent decisions related to the importance of the requested data with respect to the management of the commercial relationship.
Subjects who may become aware of the data:
Without prejudice to the communications and dissemination carried out in compliance with legal obligations, the data may be communicated in Italy to:
- third parties who may perform services for the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. (e.g. companies operating in the transport sector, professionals and consultants)
- banks and credit institutions, non-banking financial intermediaries and insurance companies
- associations of entrepreneurs and businesses
- Group companies
Rights under art. 7
With regard to your data, you may exercise the rights provided for by art. 7 of Legislative Decree 196/2003 within the limits and under the conditions provided for by articles 8, 9 and 10 of the aforementioned legislative decree. Pursuant to the aforementioned art. 7, the interested party has the right to obtain confirmation of the existence or otherwise of personal data concerning him or her, even if not yet registered, and their communication in an intelligible form. He or she may also obtain the origin of the personal data, the purposes and methods of processing; the logic applied in the event of processing carried out with the aid of electronic instruments; the identification details of the owner, managers and designated representative; the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them in their capacity as designated representative in the territory of the State, managers or persons in charge. The interested party also has the right to obtain: the updating, rectification or, when interested, integration of the data; the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed; certification that the above operations have been brought to the attention, also with regard to their content, of those to whom the data were communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the right protected. The interested party has the right to oppose, in whole or in part: for legitimate reasons, the processing of personal data concerning him/her, even if pertinent to the purpose of the collection; the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
The owner and controller of data processing is NUNZIA SAS DI DIMILTA ANNUNZIATA & C. with registered office in Viale Dante 32 - 47838 Riccione (RN).
Consent of the interested party:
Having acknowledged the information received pursuant to art. 13 of Legislative Decree 196/03, the Buyer will express consent or otherwise to the processing and communication of his/her data classified as personal by the aforementioned law within the limits, for the purposes and for the duration specified in the information, aware that refusal, even for only one of the purposes indicated, will force the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C., to not provide performances, services or supplies.
Art. 4 Delivery times and methods
The company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. assumes the responsibility of delivering to the Buyer, at the place indicated by the latter, by courier, the products selected and ordered by the latter.
The shipment will take place within 14 (ten) working days from the date of payment of the purchase order. In case of non-payment the order will not be processed. The delivery date may vary based on the destination of the goods and warehouse availability.
Shipments are made by Poste Italiane courier and the goods are delivered in 3 working days in Italy (4 working days for payment by cash on delivery). The recipient of the goods must be available at the address communicated because the courier will make 2 attempts to deliver the ordered goods; in the event of failure to collect the goods, the Buyer will be charged additional costs.
Shipments to Europe are made by UPS courier and the goods are delivered in 5 working days.
Art.5 Contesting the shipment
In the event that the Buyer finds any damage to the packaging and/or the product or the discrepancy in the number of packages, the matter must be immediately contested, by placing a written control reservation on the courier's proof of delivery. Once the courier's document has been signed, the Buyer will not be able to raise any objections regarding the external characteristics of the goods delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 10 (ten) days of delivery, by registered mail with return receipt, indicating the purchase order number, the tax documentation, and the bank details, NUNZIA SAS DI DIMILTA ANNUNZIATA & C. with headquarters in Viale Dante 32 - 47838 Riccione (RN).
In the event of failure to report or delay in reporting, the Buyer will not be able to return the products received under any circumstances. The Buyer is required to return the products affected by defects or deteriorated to the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. with headquarters in Viale Dante 32 - 47838 Riccione (RN), within 10 days, enclosing the original shipping packaging, subject to written authorization from the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C.. The postal costs for returning the products referred to in the previous paragraph to the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. will be reimbursed to the Buyer by bank transfer. The company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. will replace the defective products returned by the Buyer. In the event that, for any reason, the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. is unable to replace the product, it may proceed, at its own discretion, to refund the entire amount paid or to replace it with a product of equal or superior characteristics.
Art.6 Warranty and reporting of defects
The products sold are covered by the manufacturer's conventional warranty and, for final consumers only, by the 24-month legal warranty for defects of conformity, pursuant to articles 128 et seq. of Legislative Decree no. 206/2005.
This guarantee is reserved for the Consumer, a natural person who acts for purposes other than any entrepreneurial or professional activity carried out. In the event of a lack of conformity, the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. will restore the conformity of the product by repairing/replacing it or reducing the price, up to the termination of the contract. In the event that, for any reason, the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. is unable to return a product under guarantee to its customer (repaired or replaced), the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. may proceed at its own discretion to refund the entire amount paid or to replace it with a product of equal or superior characteristics. In cases where the application of the guarantees requires the return of the product, the goods must be returned by the Buyer in their original packaging, complete in all their parts.
The final consumer Buyer loses the rights provided for by art. 130, paragraph 2 of Legislative Decree 206/2005 if he does not report the lack of conformity to NUNZIA SAS DI DIMILTA ANNUNZIATA & C. within two months of the date on which he discovered the defect.
The warranty is not valid if the product has been tampered with by unauthorized personnel, if the defects have been caused by carelessness or misuse by the Buyer, fraud, transport, impacts, falls, humidity, or other causes not dependent on manufacturing or production defects.
Art.7 Right of withdrawal
The final consumer Buyer, a natural person acting for purposes other than any entrepreneurial or professional activity carried out, has the right to withdraw from this contract without any penalty and without having to provide a reason, under penalty of forfeiture within 14 working days from the day of receipt of the products, pursuant to art. 55 Legislative Decree 206/2005.
The right of withdrawal must be exercised by the Buyer by filling in the available form or by sending a written communication to NUNZIA SAS DI DIMILTA ANNUNZIATA & C. with headquarters in Viale Dante 32 - 47838 Riccione (RN), as specified in article 7.3.
The communication must include the purchase order number, the intention to withdraw from the purchase and the Product or Products for which the right of withdrawal is to be exercised; the Buyer must also attach a copy of an identity document, a copy of the purchase tax documentation, and indicate both a telephone number on which he/she can be contacted and the bank details of the current account on which he/she wishes to receive the refund of the amount paid. In this regard, any other explicit declaration of his/her decision to withdraw from the contract may be presented.
The communication can be sent within the deadline indicated in the previous art. 7.1. by registered letter with return receipt, sent to NUNZIA SAS DI DIMILTA ANNUNZIATA & C. with registered office in Viale Dante 32 - 47838 Riccione (RN), email info@nunziashop.it
Once the withdrawal notice has been received by registered letter with acknowledgement of receipt, the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. will communicate, by telephone, to the Buyer the address to which to ship the products to be returned and the authorization to return the products themselves. The Buyer must send the product carefully packaged in its original packaging, complete with everything originally contained, to the address communicated; the direct costs of returning the goods subject to withdrawal will be borne by the Buyer. The shipment will be borne by the Buyer and must take place within ten working days of the communication from the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. The costs for sending the goods vary depending on the place of departure. The shipment, until received by the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C., will be under the responsibility and risk of the Buyer. Upon receipt of the products, the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. will verify their integrity and reimburse the Buyer the amount of the purchased product, excluding transport costs.
The integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.
In the event that the right of withdrawal is exercised by the Buyer in accordance with the provisions of this article, the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. will refund the sums paid by the Buyer within 14 days from the date of receipt of the communication of the withdrawal itself, the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. may withhold the refund until it receives the goods or until the Buyer demonstrates having returned the goods, pursuant to art. 56, paragraph 3 of Legislative Decree 206/2005.
The final consumer Buyer cannot exercise the right to withdraw from this contract, pursuant to art. 59 letter c) of Legislative Decree 206/2005, in the case of purchase of customized/special products, pursuant to art. 1 paragraph 8 of this contract.
Art. 8 Prices
The Buyer will pay the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. for the products purchased the price indicated in the online catalogue at the time the Buyer placed the order; said price will be expressed in Euros and will be Excluded from the Italian VAT in force at the time of purchase.
The shipping costs of the products, where foreseen to be borne by the Buyer, will be applied according to the prices indicated in the specific section published within the website www.nunziashop.it which the Buyer will view before placing the order.
Product prices may be updated and therefore subject to changes on a daily basis.
Art. 9 Contribution to shipping costs
The Buyer will pay the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C., as a contribution to the shipping costs, the fixed amount of
Euro 12.00 for deliveries within Europe for orders over Euro 100.00
Euro 24.00 for deliveries within Europe for orders under Euro 100.00.
All deliveries within Italy are free.
Art. 10 Promotions and gifts
Any Promotions proposed by the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. are valid until the stocks of the Products run out and within the purchase limits indicated on the site. The Products on promotion may be delivered in promotional packages, different from those published on the site. The offer of any free Products is valid until the stocks run out. No replacement or return is possible in relation to any Products received free of charge by the Buyer.
Art.11 Responsibility
In the event of failure to deliver the products by the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C., the Buyer is entitled exclusively to a full refund of the sums paid.
The company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. assumes no responsibility for disruptions attributable to force majeure of any nature and kind, in the event that it is unable to execute the contract within the agreed timeframes.
Causes of force majeure include, by way of example and not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events, as well as measures by the Public Authority, strikes by its own employees or by the carriers used by the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C., as well as any other circumstance that is beyond the control of the latter.
Without prejudice to the provisions of art. 8 of EU Directive 97/7 and art. 56 of Legislative Decree 206/2005, the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. assumes no responsibility for any fraudulent use made by third parties of the credit card data provided by the Buyer.
Art.12 Payment Methods and Invoicing
The Buyer will pay for the Products ordered according to the following methods: – credit card – PayPal – cash on delivery. Payment by cash on delivery is exclusively for the Italian territory; for this payment method an additional supplement of Euro 4.00 is required for orders over Euro 100.00, and a supplement of Euro 6.00 for orders under Euro 100.00.
The credit cards accepted by the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. are: VISA, MASTERCARD, Carta Si, Maestro, Visa Electron, American Express, V Pay and Diners Club.
As regards the payment method by credit card, by filling in the appropriate space on the website www.nunziashop.it, the Buyer authorizes the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. to use his/her credit card and to charge it with the amount of the expense incurred. The payment will include the shipping costs, where applicable, to be paid by the Buyer, according to the terms of the offer published on the website www.nunziashop.it.
The company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. will send the invoice and/or receipt together with the goods, by post to the address indicated in the order by the Buyer.
For the issuance of the tax document, the information provided by the Buyer at the time of ordering will be valid. No changes will be possible after the issuance of the tax document. The Buyer undertakes to carefully check the data entered at the time of ordering, because these will be used for accounting records.
Art. 13 Termination of the Contract and Express Termination Clause
The obligations assumed by the customer in art. 2 above (Buyer's Obligations), as well as the guarantee of the successful outcome of the payment that the customer must make, are essential, so that by express agreement, the failure by the Buyer to fulfill even one of said obligations will determine the termination of the contract by law pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of the company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. to take legal action for compensation for further damages.
Art.14 Security
The company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. undertakes to use secure methods of data and document transmission, using electronic recognition of the sending User's terminal, encrypting the data in transit through the use of a specific line protected by a 128-bit encryption system.
Security systems adopted for credit card transactions: SSL (Secure Socket Layer) protocol.
Art.15 Amendments
1. The company NUNZIA SAS DI DIMILTA ANNUNZIATA & C. reserves the right to vary these General Conditions at any time by publishing the updated version on the website www.nunziashop.it.
- Any new clauses will be effective for purchases made after the change.
Art.16 Applicable law
This contract is governed by Italian law. These general conditions refer, for anything not expressly provided for therein, to the combined provisions of Legislative Decree 50/92 and Legislative Decree 206/05.
Art.17 Competent Court
Any dispute relating to the application, execution, interpretation of this contract stipulated online through the website www.nunziashop.it is subject to Italian jurisdiction.
For disputes arising between the Parties in relation to this contract, the competent court is the one of the place of residence or domicile of the Buyer if located in the territory of the State. If the residence or domicile of the Buyer is not located in the territory of the State, the competent court is the Court of Rimini, Italy.