- Validity of these general terms and conditions; Parties
Owner of the website https://nemorihome.com is NEMORI di Andrea Benedetti, a company registered in Italy (20853) Biassono (MB), Via Gianfranco Miglio, 10 (VAT number 11311440967 - Pec address (certified email) firstname.lastname@example.org ). These general terms and conditions rule the commercial relationship between the Parties, namely NEMORI as the Seller and the Customer, whose data are indicated in the order form, as the Buyer.
These general terms and conditions govern the sale of goods described on the website https://nemorihome.com/.
The images and descriptions of the products are purely indicative and may therefore not be perfectly representative of the characteristics of the product, differing in colors, dimensions or accessories.
Nemori accepts orders to be delivered in the EU territory. In the event of a request from non-EU countries, please contact the Nemori staff at the email address email@example.com to verify the feasibility, costs and conditions of processing this order.
- Completion of the contract
The contract becomes effective with the completion of the guided purchase procedure, which includes the acceptance of these general conditions.
Once placed the order, the Customer will receive an e-mail summarizing the contents of the order and the reference to these conditions.
In case of unexpected unavailability of the goods, the seller reserves the right to not accept, even partially, an order; such non-acceptance excludes any contractual or extra-contractual liability of the seller; in this case, the order is not completed and no money will be charged to the Customer. In the event that the payment has already been made, NEMORI will refund the sum paid by the Customer for the unfinished order.
- Products availability and prices
You can buy the products on the website https://nemorihome.com/ in the quantities in stock.
In the event that the Product is not currently available for immediate delivery in the "Ready Products" section (eg customized products, limited editions, new lines still in the prototype phase), the Customer can place a pre-order. In this case, the Customer can contact the Nemori staff at the email address firstname.lastname@example.org in order to know the time required for the realization of the craftsmanship of the Products and for the subsequent delivery.
Except when expressly otherwise indicated, the prices of the Products published on the website are expressed in Euros and include VAT.
The guaranteed price to the buyer is the one published on the website. The price becomes final when the order is placed.
The prices of the Products published on the website from time to time cancel and replace the previous ones and are subject to the actual availability of the Products.
- Payment Terms
The payment is due from the moment of the order.
The payment methods are as follows:
- credit card (the Customer guarantees to be entitled to use the card payment method when ordering)
- PayPal (the Customer guarantees to be entitled to use the PayPal payment method when ordering)
NEMORI is not responsible for errors or failure in the goods delivery due to inaccuracy or incompleteness in completing the order and for the fraudulent / illegal use of credit cards, checks or other means of payment; in this case, any additional costs for redelivery, return or any storage costs applied by the courier are charged to the customer.
The tax documentation relating to the Products ordered will be sent by NEMORI at the time of shipment to the Customer of the Products themselves.
For each order placed NEMORI records the purchase of fees or, if requested by the Customer at the time of the order, issues an invoice, sending it by e-mail to the order holder, pursuant to art. 45 of the Digital Administration Code (Italian Legislative Decree 82/2005). For the issuance of the invoice, the information provided by the Customer is authentic.
- Shipping methods & Delivery Terms
NEMORI will deliver the goods to the courier within a maximum of four (4) working days from payment.
In the case of pre-order (see art. 4) the delivery times will be communicated directly to the Customer, together with the timing necessary for production.
The shipment is made on Mondays, Tuesdays and Wednesdays to avoid that the Products are kept in storage at the courier on the weekend.
The courier will deliver the Products within five (5) working days from taking charge of the goods.
To this end, NEMORI will take a series of photographs of the Product being shipped at the time of packaging in order to document the conditions of the product, also for any liability of the courier.
After shipment, the customer will receive a specific e-mail containing the tracking code and updates on the shipment.
For reasons of safety and guarantee in transport, the courier is selected and entrusted exclusively by NEMORI.
NEMORI assumes no responsibility for delays in delivery due to unforeseeable circumstances or force majeure.
IMPORTANT CUSTOMER NOTICE:
Upon delivery of the goods by the courier, the Customer is required to check that:
- the number of packages delivered corresponds to what is indicated in the transport document;
- the packaging is intact, not damaged, or otherwise altered, even in the closing materials.
Any damage to the packaging and / or to the product or the mismatch in the number of packages or information must be immediately notified, by putting WRITTEN CONTROL RESERVE on the Courier's proof of delivery. Once the Courier's document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, according to the procedures set out in this document.
- Obligation of the Customer
Upon the acceptance of these general terms and conditions, the Customer declares to have read and accepted all parts of the offer, product specifications and general contract conditions.
The Customer also declares that he has not entered false or fictional data in the order form, and therefore declares that the data entered correspond to his real personal data.
NEMORI reserves the right to pursue any violation and / or abuse by the appropriate authorities.
The obligations assumed by the Customer in this contract as well as the guarantee of successful payment made by the customer pursuant to art. 5 are essential terms for NEMORI which reserves the right, in the event of non-fulfillment of one of the aforementioned obligations, to terminate the contract by law, without prejudice to any right to compensation for damage.
- Intellectual and industrial property rights
The website, as well as all trademarks and distinctive signs used in relation to the sale of the products offered, are protected by the applicable intellectual and industrial property rights, any type of reproduction, distribution, alteration or transformation, in any form and for whatever purpose they take place. NEMORI reserves the right to act legally to protect its rights and / or to report any episode of violation to the owners of the trademarks and other distinctive signs involved.
- Legal guarantee
In relation to the Products purchased by the Consumer Customer, NEMORI will provide the legal guarantee of compliance with the conditions and terms set out in Articles. 128 and ss. of the Italian Consumer Code.
To this end, NEMORI will take a series of photographs of the Products being shipped at the time of packaging in order to document the conditions, including for any liability of the courier.
The rights arising from this guarantee may be exercised only if the Products have been correctly used, with due diligence and in compliance with the intended use and as provided in the enclosed indications, as well as upon presentation by the Customer of the delivery note delivered with them and indication of the order number.
The costs relating to the return of products due to the exercise of the guarantee will be borne by the Consumer.
The warranty rights of non-consumer customers are governed by the rules of the Italian Civil Code in force on the sales contract. In any case, any complaints for faults or defects, even if deriving from packaging operations of the goods shipped, must be received in writing by Andrea Benedetti's NEMORI, by registered letter, e-mail or Pec (Certified Email), within 7 days of receipt of the goods.
The Customer must attach to any complaint of defects photographs representing the damaged goods.
Should the sold Product prove to be defective, taken into consideration the unique and particular characteristics of the Products sold on this website and the fact that the concept of "defect" legally intended must be evaluated from time to time (see FAQ ), NEMORI may propose to the Customer either a partial refund of the purchase price in an amount appropriate to the seriousness of the defect found or the replacement of the Product. The latter option is excluded for minor defects that do not affect in any way the intended use or the external appearance of the Product.
Any communications and / or notifications to NEMORI can be sent by registered letter with signed return receipt, or by Pec to the addresses indicated in Article 1, or by email at email@example.com
Communications from NEMORI to customers can be made by e-mail.
- Applicable law and jurisdiction
These terms and conditions are governed by the Italian law, and in particular by the current regulations for electronic commerce and distance contracts contained in the Italian Consumer Code - Legislative Decree 206/05.
For any dispute that may arise in relation to this contract, the law applied is the Italian law.
If the Customer is qualified as consumer, the mandatory territorial jurisdiction for the settlement of any disputes arising from this contract is the Court of the consumer residence or domicile, if located in the territory of the State; in all the other cases, the territorial jurisdiction is exclusively the Court of Monza.
- Force majeure
In case of force majeure or unforeseeable circumstances, the provisions of the Italian civil code will apply (art. 1218 cc). NEMORI will contact the Customer in order to agree on an amicable solution to the matter.
- Right of withdrawal
Pursuant to the Italian Consumer Code (Legislative Decree no. 206/2005), the Customer (if he qualifies as a "consumer", ie a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out) has the right to withdraw from the contract within 14 days of receipt of the Products.
The right of withdrawal must be exercised by the Customer, under penalty of forfeiture, using this form with (*):
- sending a registered letter a.r. sent to: NEMORI di Andrea Benedetti, based in (20853) Biassono (MB), Via Gianfranco Miglio, 10
- send email to the Pec address firstname.lastname@example.org or to the email address email@example.com within 14 days from the date of receipt of the goods, i.e. from the moment in which the Consumer acquires physical possession of the goods.
The Customer must prove the correct exercise of its right of withdrawal.
Instructions for returning the goods in the exercise of the right of withdrawal
1) by law, the shipping costs for returning the goods are charged to the customer;
2) the right of withdrawal applies to the product purchased in its entirety; it is not possible to exercise the withdrawal only on part of the purchased product
3) the goods must be returned intact and complete with all its parts in original packaging (including any documentation and accessory equipment), kept according to normal diligence, without any signs of deterioration of the goods; the purchased good must be returned in normal condition, as received: therefore products that show signs of damage, wear or neglect and which consequently can no longer be considered intact will not be accepted;
4) the shipment of the returned goods, up to the certificate of receipt in our warehouse, is under the complete responsibility of the Customer and must be carried out within a maximum period of 14 working days from the communication of the intention to withdraw from the sale;
5) in case of damage to the goods during transport, NEMORI will notify to the Customer the incident, to allow him to promptly file a complaint against the courier and obtain a refund of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, while canceling the request for withdrawal and refund;
6) upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport; if the goods are not intact, or are damaged, the right of withdrawal lapses, as detailed below.
The right of withdrawal is excluded in relation to the contracts indicated in art. 59 of the Italian Consumer Code, which include:
- the supply of goods made to measure or clearly personalized (letter c);
- the supply of goods that risk deteriorating or expiring rapidly (letter d);
- the supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery (letter e);
NEMORI will refund the customer for the cost of the returned goods (excluding transport costs incurred for delivery and any related ancillary costs), within 30 days from the return of the goods, by means of a reversal of the amount charged to the credit card ( if initially used this payment system) or by bank transfer. In the latter case, it will be responsibility of the consumer to promptly provide the bank details on which to obtain the refund (ABI Code - CAB – Swift code - Current Account No. of the invoice holder).
The right of withdrawal is totally lost, for lack of the essential condition of integrity of the goods (packaging and / or its contents), whereas NEMORI, following the inspection indicated above, ascertains:
- the use of the asset that has compromised its integrity.
- the lack of the external packaging and / or the original internal packaging;
- damage to the product.
In case of forfeiture of the right of withdrawal, the goods will remain at the NEMORI headquarters, at the Customer disposal at his expense.
Information under art. 14 of EU regulation 524/2013
Consumers resident in the European Union are informed that for the resolution of disputes relating to this contract and the online services offered by this website, there is the possibility of using the Online Dispute Resolution (ODR) procedure through the following link: https: //webgate.ec.europa.eu/odr/.
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the General Conditions of sale: 3, 4, 5, 6, 7, 13.
INFORMATION ABOUT PACKAGING AND COURIER
Our website sells exclusive products, selected and made with care and attention.
Given the exclusivity of our Products, we have paid particular attention to the choice of packaging and the shipper, precisely to ensure the utmost care for the transport of our Products.
The Products are delivered to the place indicated by the Customer in cardboard packs with all possible precautions, so as not to damage the contents in any way.
Where the case requires it, we use wooden pallet-boxes for delivery.
To ensure the integrity of our Products during delivery, we use different packaging depending on the selected product and the quantity ordered: boxes, wooden crates - all carefully hand-prepared by our operators.
Each Product is accompanied by an information prospectus containing specific characteristics and care instructions.