General conditions of sale

1. INTRODUCTION

This document (together with the documents referred to therein) contains the conditions that regulate the use of this website (www.nira-rubens.it) and the purchase of the items contained therein (hereinafter the “Conditions”). Please carefully read these Conditions, the Cookies Policy and the Personal Data Protection Policy (hereinafter jointly the “Data Protection Policies”) before using this website. We inform you that the use of this website or the transmission of an order through it, implies acceptance of these Conditions and the Data Protection Policies, so if you do not agree with all of the aforementioned Conditions and the Data Protection Policies, please do not use this website. For any request, doubt or question regarding the Conditions and the Data Protection Policies, you can contact us at store@nira-rubens.it. The Agreement (as defined below) may be concluded, at your option, in any of the languages ​​in which the Terms are available on this website.

2. OUR DATA

The sale of products through this site is managed under the name NIRA RUBENS by Giglio Group SpA, with registered office in Via dei Volsci 163, 00185 Rome and registered in the Milan Company Register at no., tax code and VAT number IT 07396371002, email address store@nira-rubens.it.

3. YOUR DATA AND YOUR ACCESS TO OUR WEBSITE

The information or personal data provided by the user will be processed in accordance with the Data Protection Policies. By using the website, you authorize us to process such information and personal data and you declare that all information and/or personal data provided to us are accurate and truthful.

4. USE OF OUR WEBSITE

By using this website and/or placing orders through it, you agree to:
(i) use the website only to make legally valid inquiries or orders;
(ii) not to place false or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we will be entitled to cancel it and inform the relevant authorities;
(iii) provide us with your email address, postal address and/or other contact details truthfully and accurately.
Likewise, you consent to our use of this information to contact you (if necessary, please see our Privacy Policy). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you warrant that you are of legal age (18 years or older) and have the legal capacity to enter into binding contracts.

5. METHODS OF PERFECTION OF THE CONTRACT

The information in these Terms and the details contained on this website do not constitute an offer to the public, but rather a mere invitation to make a contractual proposal. No contract will exist between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and your account has already been debited, the amount of the same will be refunded to you in full. To place an order, you must follow the online purchase process and click on “Complete purchase”. You will then receive an email confirming receipt of your order (the “Order Confirmation”). It is understood that this will not imply acceptance of your order as it constitutes an offer by you to us to purchase one or more products. All orders are subject to our approval, of which you will be informed by sending an email confirming that the order is being dispatched (the “Dispatch Confirmation”). The contract for the purchase of a product between us and you (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will only cover those products listed in the Dispatch Confirmation. We will not be obliged to supply any other products that you have not ordered until we have confirmed in the Dispatch Confirmation that such products have been dispatched.

6. PRODUCT AVAILABILITY

All orders for products are subject to availability. In this sense, in the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information regarding substitute products of equal or higher quality and value, which you may decide to order. If you do not wish to place an order for such substitute products, we will refund all amounts you may have already paid.

7. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and/or to remove or edit any material or content on this website. Although we will always make every effort to process all orders, there may be exceptional circumstances which require us to refuse to process orders after we have sent you an Order Confirmation, and we reserve the right to do so at any time. We will not be liable to you or any third party for removing any product from this website, for removing or editing any material or content on this website, or for failing to process your order after we have sent you an Order Confirmation.

8. DELIVERY

Without prejudice to the provisions of the previous article 6 and except where extraordinary circumstances arise, we undertake to do everything in our power to send the order of the product(s) indicated in the relevant Shipping Confirmation by the date indicated in such Shipping Confirmation or, if no delivery date is specified, within the time estimated at the time of selection of the delivery method and, in any case, within the maximum term of 30 days from the date of the Order Confirmation. However, delays may occur for various reasons such as the customization of the products, the occurrence of unforeseen circumstances or the delivery area. If for any reason we are unable to meet the delivery deadlines, we will inform you and give you the options of continuing the purchase by setting a new delivery date, or cancelling the order, with the consequent refund of the full amount paid. Please note that home deliveries are not made on Saturdays and Sundays. For the purposes of these Conditions, “delivery” shall be deemed to have occurred or the order “delivered” through the acquisition, by you or a third party indicated by you, of the material availability or in any case of control of the products, which shall be proven by signing the order receipt at the agreed shipping address.

9. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

The risk in the products will pass to you from the moment of their delivery. You will acquire ownership of the products as soon as we have received full payment of all sums due in relation to them, including delivery charges, or at the time of delivery (as defined in article 9 above), if this occurs at a later time.

10. PRICE AND PAYMENT

10.1 Price

The price of the products will be as quoted on our website from time to time, except in the case of obvious error. Although we make every effort to ensure that all prices appearing on the website are correct, errors may occur. If we discover an error in the price of any products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be cancelled and you will be refunded the full amount paid. We will not be obliged to supply you with the product(s) at the incorrect lower price (even if we have already sent you a Dispatch Confirmation) if the error in the pricing is obvious and unmistakeable and could reasonably have been recognised by you as an incorrect price. Prices on the website include VAT. Prices include customs duties (unless otherwise stated). Prices are subject to change at any time; However (except as previously stated) possible changes will not affect orders for which we have already sent an Order Confirmation. Once you have selected the items you wish to purchase, such items will be added to your shopping cart and the next step will be to complete the order and make payment. To do so, you will need to follow the purchase instructions, entering or verifying the information requested at each stage of the purchase process. You may also change the details of your order at any time during the purchase process before payment. In addition, if you are a registered user, a list of all your orders will be available in the “My account” section. Shipping costs vary depending on your geographic location and will be expressly indicated from time to time during the order process.

10.2 Payment

You can pay with Visa and Mastercard credit cards through MonetaWeb (the E-Commerce service offered by Setefi), through PayPal or by bank transfer. Credit cards will be subject to verification and authorization by the issuer of the same, but if this entity does not authorize the payment, we will not be responsible for any delay or failure to deliver and we will not be able to complete any Contract with you.

11. PURCHASE AS A GUEST

On this site, the function of purchasing products as a guest is available. With this purchasing method, you will be asked only for those data that are essential to process your order. Upon completion of the purchasing process, you will be offered the option of registering as a user or continuing as an unregistered user.

12. VAT (VALUE ADDED TAX)

In accordance with the legislation in force, each purchase made through the website will be subject to Value Added Tax (VAT). In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (VAT), deliveries will be deemed to be located in the Member State that appears in the delivery address of the items, the applicable VAT being that legally in force in each Member State of destination of the items that have been delivered in each order. In accordance with the legislation applicable in each jurisdiction, in deliveries of goods made in certain member countries of the European Union to a business or professional recipient, the so-called “reverse charge” rule may be applicable (Article 194 of Directive 2006/112/EC). In this case, we will not apply VAT, provided that we receive confirmation from the recipient that the VAT on the purchased products will be paid by the recipient himself within the scope of the "reverse charge". For Extra EU sales, the sales price includes taxes and customs duties.

13. RETURN/EXCHANGE POLICY

13.1 Right of withdrawal

If you are contracting as a consumer, you will have the right to withdraw from the Contract within 14 days without giving any reason. The withdrawal period referred to in the previous paragraph ends after 14 days from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods or, in the case of multiple goods ordered in a single order and delivered separately, ends after 14 days from the day on which you, or a third party other than the carrier and designated by you acquires physical possession of the last good. To exercise the right of withdrawal, you must inform us, by sending an email to store@nira-rubens.it, of your decision to withdraw from the Contract by means of an explicit declaration. To meet the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from the Contract, you will be refunded all payments you have made to us, including delivery costs, without undue delay and in any case no later than 14 days after the return of the items purchased from the company. These refunds will be made using the same means of payment you used for the initial transaction. In any case, you will not have to bear any costs as a consequence of such refund. The return of the goods - unless otherwise agreed - is the responsibility of the end customer. We will grant you a period of 30 days from the date of Shipping Confirmation of the products to return them (with the exception of the products indicated in the following article 13.2, for which the right of withdrawal is excluded).

13.2 Common provisions

You will not be able to exercise the right of withdrawal from the Contract which has as its object the supply of one or more of the following products:
1. Personalized items
2. sealed goods which are not suitable for return for hygiene reasons and have been opened after delivery.

Your right to withdraw from the Contract will apply exclusively to those products returned in the same conditions in which you received them. No refund will be made if the product has been used beyond simple opening and for products that are not in the same conditions in which they were delivered or if they have been damaged: we therefore invite you to take care of the products while they are in your possession and availability. Please return the item using or including in the package the original packaging, instructions and other documents, if any, that accompany the products. In any case, you must return the product to be returned together with the delivery note received upon delivery of the product. If you prefer not to use the free options available for returning the products, any return costs will be at your expense. After assessing the condition of the item, we will inform you whether you are entitled to a refund of the amount paid.
The refund will be made as soon as possible and in any case within 14 days from the date of return of the goods. The refund will always be made via the payment method used to make the purchase.

13.3 Return of defective products

In the event that you believe that at the time of delivery the product does not appear to be compliant with the provisions of the Contract, you must immediately contact us using our contact form, indicating the product data as well as the damage suffered and we will inform you of the procedure to follow.

14. RESPONSIBILITY AND DISCLAIMER

Except where otherwise provided in these Terms, our liability in respect of products purchased on our website shall be limited solely to the purchase price of the product in question. Without prejudice to the foregoing, our liability shall not be excluded or limited in the following cases:
a) Death or personal injury resulting from our negligence;
b) Cases of fraud or fraudulent activity; or
c) Any circumstance where it would be illegal or unlawful for us to exclude, limit or attempt to limit or exclude our liability.
Without prejudice to the preceding paragraph and to the extent permitted by applicable law, and except where otherwise provided in these Terms, we will not accept any liability for indirect damages, such as: i. loss of profits; ii. loss of turnover; iii. loss of profits or contracts; iv. loss of anticipated savings; v. loss of data; and vi. waste of office administration time.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless expressly stated otherwise. All product descriptions, information and materials appearing on the website are provided "as is" and without express or implied warranties, except those provided by law. In this sense, if you are contracting as a consumer or user, we undertake to deliver products that are in conformity with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the products are in conformity with the Contract if
(i) comply with the description provided by us and possess the qualities presented on this website,
(ii) are suitable for the use for which the products are normally intended,
(iii) show qualities and characteristics which are normal in products of the same type and which can reasonably be expected.
To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded in respect of consumers and users. Our products, especially those hand-made, have the natural characteristics of the materials used in their manufacture. Natural characteristics should not be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials should be expected and appreciated. We select only the highest quality products but this type of variation is inevitable and must be accepted as part of the characteristic appearance of the product. These provisions do not in any way limit the rights recognized to consumers by current legislation or your rights to cancel the Contract.

15. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content presented as part of the website are owned by us or our licensors. You may only use such material in the manner in which you receive express permission from us or our licensors. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

16. VIRUSES, PIRACY AND OTHER RISKS OF CYBER ATTACK

You must avoid any improper use of this site and avoid introducing viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If you are not authorized, you must not access the website or the server where it is hosted or any other server, computer or database related to our website. You undertake not to carry out DoS attacks against this website. Failure to comply with this clause may result in violations defined by the relevant legislation. In the event of failure to comply with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the attack. Likewise, in the event of failure to comply with this Article, your authorization to use the website will be immediately withdrawn. We disclaim all liability for any damage or loss resulting from a denial-of-service attack, viruses or other technologically damaging programs or materials to your computer equipment, data or material due to your use of our website or your downloading of content from it or that redirects you to it.

17. LINKS FROM OUR WEBSITE

Where our site contains links to other pages or materials of third parties, these links are provided for information purposes only, without our control over the content or materials contained in such pages or sites. Therefore, we decline all responsibility for any damage or loss arising from their use.

18. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you should be in writing. By using this website, you accept that most communications between you and us will be in electronic form. We will contact you by email or by providing information and placing notices on this website. For contractual purposes, you consent to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This provision does not limit your statutory rights.

19. NOTIFICATIONS

All communications addressed to us must be sent preferably using the email store@nira-rubens.it . Without prejudice to the provisions of Article 18, we reserve the right to send you any communications by email or by post to the address provided to us when placing your order. Communications will be considered received and properly notified respectively when posted on our website, 24 hours after an email is sent, or three days after the date of dispatch. In proving the service of a communication, it will be sufficient to demonstrate, in the case of a letter, that it was correctly addressed, stamped and delivered to the postal service and, in the case of an email, that it was sent to the recipient's email address.

20. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us, and on our respective successors and assigns. You may not transfer or assign the Contract, or any of your rights or obligations under it, in any way without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of the Contract, or any of your rights or obligations under it, in any manner and at any time. For the avoidance of doubt, any transfer, assignment, sub-contract or other disposal of the Contract will not affect your rights as a consumer or in any way affect, reduce or limit any of the warranties or liabilities given by us, whether express or implied.

21. FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event means any act, event, non-happening, omission or accident beyond our reasonable control; this term includes, but is not limited to, the following:
1. Strikes, lockouts or other industrial action.
2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, war (declared or undeclared) or threats of war.
3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any strike, disaster or accident involving shipping, post or other means of transport. It is understood that the performance of the obligations under the Contract will be suspended for the duration of the Force Majeure Events. We will be granted an extension of time for the performance of the Contract equal to the duration of such period. It is understood that, even during the Force Majeure Events, we will endeavour to find a solution by which to comply with our contractual obligations.

22. WAIVER

If we fail, during the execution of the Contract, to require the exact fulfillment of any of your obligations, or of any of the obligations provided for in these General Conditions, or again, we fail to exercise any of the rights or actions to which we are entitled under the Contract or these General Conditions, this will not constitute a waiver of such rights or actions and will not relieve you from fulfilling the related obligations. Any tolerance by us in the face of a breach by you will not constitute a waiver of the right to react in the face of a subsequent breach. No waiver by you in respect of any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing, in accordance with the provisions of the previous articles 18 and 19.

23. PARTIAL INVALIDITY

If any article of the General Conditions, or part thereof, or any of the provisions of the Contract, should be deemed invalid, illicit or inapplicable by the competent authority, such article, clause or provision will be considered as not having been inserted while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.

24. INTEGRITY OF THE CONTRACT

These Terms and Conditions, and any document expressly referred to in them, represent the entire agreement between you and us relating to the subject matter of the Contract and supersede any previous agreement, understanding or arrangement between us, whether oral or in writing. You and we acknowledge that, in entering into the Contract, neither you nor we have relied on any representation, undertaking or promise made by the other party, or inferred from anything said or written in negotiations prior to the Contract, but only on what is expressly stated in these Terms and Conditions. You and we shall be entitled to remedy any untrue statement made by the other party, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the only remedies that the other party may take will be for breach of the Contract as provided in these Terms and Conditions.

25. RIGHT TO MODIFY THESE CONDITIONS

We reserve the right to review and modify these Terms at any time. You will be subject to the Terms and Conditions in effect at the time of your order, unless a change to the Terms and Conditions or the Data Protection Policies is required by law or at the request of a government authority (in which case it will also apply to orders already submitted to us).

26. APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products through this website are governed by Italian law. Any disputes arising out of or relating to the use of the website or such contracts will be subject to the non-exclusive jurisdiction of the Italian courts. If you are entering into the Contract as a consumer, this clause does not affect your statutory rights as a consumer.