GENERAL TERMS OF SALE
NARKISSO DI SOPHIE WANNENES, having its legal seat in Milan, via Palermo n. 1, VAT No. 07621880967 and tax code WNNSHM76L55F205O, registered at Milan Register under nr. MI – 1973081 (“Narkisso”), is the owner of www.palermouno.it site (“Website”).
The following general Terms of sale (“General Terms”) rule the purchase of the Products sold by Narkisso by the Site and can be saved and/or printed by the Client before their acceptance.
1. Preliminary Statements
The General Terms are ruled by Italian Consumer Code (Dlgs 206/2005), Section II, Articles 50-67 and the e-commerce Standards (DLGS 70/2003).
The submission of each purchase order implies the acknowledgement and acceptance of these General Terms and of privacy and cookies policy, which must be both considered as a part of these General Terms. If any change to all these terms should occur, any purchase shall be ruled by the terms published in this Site at the moment in which the client shall submit the Order.
“Consumer” means any person acting for purposes unrelated to its professional activity, business or trade;
“Professional Client” means any person or Company that buys from Narkisso for its business or professional activity;
“Client” means generally both Clients and Professional Clients;
“Products” means all goods sold by Narkisso on the Site based on these General Terms.
3. Content of the agreement
Through the Site Narkisso proposes the sale of Products behind the payment of the indicated price.
4. general terms of Sale
4.1 The sale of the goods has to be considered as concluded by the confirmation of the order by Narkisso according to the procedures as better described below
4.2 In order to purchase the goods, the Client shall:
a. choose the product, the number of items and select “add to cart”: the screen will show the main features of the chosen product and the total price due, including all
taxes, with the mere exclusion of any Custom duties, if due;
b. select “proceed to order” and then provide for the following information:
– professional client or consumer;
– billing information;
– shipping address if different from the billing address;
– email address;
c. a summary of the Order will then appear, including all data and with the statement of the final price including shipping costs for destination, excepted all Customs
Duties if due;
d. read the General Terms and accept them by selecting “I accept the Terms of sale”;
e. complete the procedure by selecting “buy”: the system will warn, according to law, that the completion of the Order implies the obligation to pay the ordered
f. proceed with payment as better described in following article 6;
g. as soon as the procedure shall be correctly and properly concluded, Narkisso shall confirm by e-mail the acceptance of the Order (“Order Confirmation”) that shall
be identified by a code (“Order Number”), the type and number of Products, the price of each of them, the delivery costs, any surcharges for intercontinental
shipments or for Products whose weight exceeds 50kgs and any Custom Duties relevant to sales to non-EU Clients, the payment method, the availability of the requested
Products and the terms of delivery; the Order Confirmation shall also inform the Client of the right to withdraw in the terms better referred to in following art. 9.
4.3 The Purchase Order sent by the Client to Narkisso is a valid remote proposal; the contract will therefore become valid and binding for the parties as soon as Narkisso will send the Order Confirmation to the Client as better provided by previous article 4.2.
4.4 The Client is required to control all data relevant to the Order: he will be considered the sole responsible for any mistake and he shall immediately inform Narkisso of any error. Should any mistake cause additional costs, such costs shall be borne exclusively by the Client.
4.5 The non-acceptance, even partial, of the Order by Narkisso shall not give any right of indemnity for the Client.
5. Price of sale and Custom Duties
5.1 The price of each Product is inclusive of VAT and in euros. Before the Order Confirmation and the payment of the price, the final price of the purchased Products will be set including VAT and any other taxes and fees (with exception for any custom duties referred to in following art. 5.2) as well as shipping costs, which could change according to the shipping address.
5.2 Should the Products be shipped to a country that is not part of the European Union (“Extra EU Shipments”), custom duties that shall result as due at the entry of the Products into the destination country will be communicated to the Client either by the carrier or by the Customs; in both such cases the Client will be required to provide for the relevant payment (which will be exclusively borne by the Client) in the terms that will be communicated by the carrier and/or by the Customs. Should the Client fail to pay such duties within the required terms, all relevant charges, costs and fees (even those relevant to the store of the goods and/or their return shipment to Narkisso) rising from the failure, will be entirely and exclusively attributed to the Client.
6. Terms and means of payment and billing
The payment of the Products purchased by the Site shall be made online by credit card (Visa, Mastercard, Visa Electron, American Express) or by the PayPal circuit.
The payment of the price will take place at the placement of the Order.
The billing request must be made during the purchase procedure. No billing requests made after the placement of the Order will be accepted.
The invoice shall be sent to the Client in digital format by e-mail after the payment.
7.1 After the complete fulfilment of the payment, the Products shall be delivered to the Client by a Carrier chosen by Narkisso at the shipping address specified by the Client in the Order.
7.2 Deliveries shall take place only in the areas stated in the Site: the areas and rates for delivery services are available on the Site.
7.3 Delivery costs shall borne by the Client and shall be confirmed in the Order Confirmation; any kind of assembly service is excluded.
7.4 The delivery terms are ___________ days for Italy, _____________ days for Europe, while for intercontinental deliveries the terms will be reported according to destination. The terms are not binding for Narkisso and no responsibility can be charged to Narkisso for any delay.
For any delivery within the EU territory, the carrier will deliver the Products to the address specified by the Client. If the first delivery fails, the Products will be stored at the warehouse of the carrier. For each day of delay in delivery caused by Client’s fault (eg: absence of the recipient) the carrier will apply a deposit rate, to be charged to the client.
7.5 With regard to Products destined for non-EU countries, delivery is subject to the formalities referred in art. 5.2.
7.6 In any case, as soon as the Products are delivered to the Client, this last is required to check that the parcel is not damaged, wet or otherwise ruined, even in the packaging (adhesive tape or metal straps), and that all Products are intact. In case of clear damage of the packaging and/or of he Products, the Client can refuse to receive the delivery of the Products, which will be returned to Narkisso. Once the delivery form has been signed, the Client shall be prevented from any complaint.
7.7 If the Products are not timely delivered and, in any case, within the term of ________ days, the Client is required to report the delay to Narkisso that shall fix a new proper term for delivery; the failure of this additional term allows the Client to terminate the agreement without any charge and to obtain full restitution of all and any amount paid.
7.8 Should one or more Products turn out to be unavailable after the Order Confirmation, Narkisso will inform by e-mail the Client, which shall be entitled to choose whether to terminate the agreement or to reduce the Products. In this last case, the purchase shall keep its validity only for the available Products and the Client shall receive the return of the price relevant to the unavailable Product or Products.
7.9 Should the contract cannot be executed, even partially, as a consequence of the unavailability of the Products or for any other reasons of force majeure, Narkisso shall inform the Client by e-mail and shall not be held responsible, save the reimbursement of the amounts paid.
8. Right of withdrawal
8.1 Consumers benefit the right of withdrawal (“Withdrawal”). Such right is not granted for Professional Clients.
According to articles 52 and following of Dlgs 21/2014, the Consumer has the right to withdraw from the agreement in the terms better described below, without penalties and without explanation of the reason, within fourteen days from the delivery of the Products or, in case of Products ordered through a single Order and delivered in separately, from the day on which each Product has been delivered to the Consumer.
8.2 Partial withdrawal is accepted
8.3 In order to exercise the Withdrawal pursuant to the article 8.1, the Consumer
within 14 days from the delivery of the Products shall send to Narkisso an e-mail to the address email@example.com, indicating the Order Number and clearly stating the will to exercise the Right of Withdrawal. In the case of Partial Withdrawal (art. 8.2), the Consumer must clear for which of the Products it intends to withdraw.
must select, in “my account” section, the list of Orders, select the Order and the Product (s) for which the Consumer wishes to exercise the right of withdrawal; the Withdrawal is correctly exercised as soon as the confirmation is sent.
8.4 Following the Withdrawal, the Consumer will receive from Narkisso [or directly from the carrier ??????] the instructions for the return of the Products, as well as the documents provided by the carrier for the collection and return of the Products.
The Consumer is required to deliver the returned Products to the carrier in their original and complete packaging (including packaging and additional documentation), duly unaltered and with the original labels. The packaging of the Products must be accurate, in order to guard the original parcel from damages.
The Products must be received by Narkisso within 14 days from the date of communication of the Withdrawal.
All charges relating to the return of the Products will be charged to the Consumer as better described in the article 8.5.
8.5 As soon as Narkisso receives the Returned Products and verifies the absence of any damage, tampering or alterations, it will return the price paid for the purchase by the Consumer, deducted the charges of the carrier for the return. The refund will be done through the same circuit (Credit Card or PayPal) used by the Consumer for payment.
8.6 If (i) the Consumer does not respect the methods and terms for the exercise of the Right of Withdrawal or (ii) the Products are not returned within the terms or (iii) the returned Products are damaged, tampered or altered, the Consumer will not be entitled to receive the reimbursement of the sums already paid to Narkisso.
Narkisso will inform the Consumer by e-mail the non-acceptance of the Consumer’s return as an outcome of damages to the returned Products consequent to failure to the Consumer’s failure to observe the provisions described above.
9. Warranties and Consumers’ rights
9.1 The legal warranties for Professional Clients are granted for 12 months from the delivery date, as per law provisions by Italian Civil Code. Consumers are also entitled to be guaranteed up to 24 months from the delivery date, as provided by the Consumer Code.
The warranty is only referred to factory defects of the Product, provided that the Products have been used correctly, in accordance with its use according to the attached technical documents; any tampering of the Products causes the loss of any warranty right.
9.2 Should the Client discover any manufacturing defect, the Client is entitled to ask either for the repair or the substitution (if possible) of the Product without charge; the Client can also ask for a fair price reduction or termination of the contract. The termination of the contract is excluded in the case of minor manufacturing defects.
9.3 Unless otherwise stated, all materials subject to natural default due to use or exhaustion are always excluded from the warranty. The replacement or repair of the Product does not change the duration of the original warranty.
In the event of a manufacturing defect, Narkisso will repair or replace the Product promptly, in accordance with the times for redelivery and check of non-conforming Products.
9.4 The Client shall call upon the warranty by email with indication of the Order Number, the file of all defective Products, the description of the defect. A copy of the purchase invoice and a copy of the receipt of the Products’ delivery must be attached to the request.
Following the Client’s complaint, Narkisso will provide for the Product to be collected from the Client within a reasonable time and, subject to check of the existence of the defects, Narkisso shall provide for its replacement or to the partial or full refund of the price; however, Narkisso can also propose alternative remedies, such as, for example, the replacement of the product with another of a different nature but an equivalent value, chosen from those shown on the Site, or the release of a voucher of a value corresponding to the amount paid .
Narkisso sales only high quality design products.
The essential features of the Products are presented on the Website. However, images and colors of the Products presented may not correspond to the real ones due to the Internet browser and monitor used. Some products, due to their particular nature, may not correspond to those displayed on the site, and may present irregularities and / or imperfections as they are handmade products.
For any complaint or request for information regarding any of the Products offered in the Site, a request can be made to the e-mail address: _________________________________.
12. Intellectual and author’s rights
The reproduction or in any case the use of company brands and Products offered for sale by Narkisso, the models and design of the Products, the design of the Website itself is prohibited. Any full or partial use of the texts and images on the Site is also prohibited.
Trademarks, logos and other distinctive signs of various kinds on the Site belong to their respective owners.
The use of trademarks, logos and other signs, including reproduction on other websites by unauthorized third parties, is prohibited.
All and any communication relevant to the site, the products, the orders and the purchase of the Products shall be made in writing by e-mail as follows: to Narkisso to the email address firstname.lastname@example.org, to the Client to the email address declared during the purchase procedure.
Narkisso shall make use of all Client data in accordance with tall and any law relevant to the protection of personal data (Privacy laws), as better stated in the relevant section of the Site.
15. Applicable law
The parties agree that any agreement and purchase shall be governed by Italian law and subject to Italian jurisdiction, and that the application to it of the United Nations Convention on Contracts for the International Sale of Goods. For any dispute concerning the validity, execution or interpretation of the agreement and its effects, the following will be competent: a) the Court of the place of residence or domicile of the Consumer, if the residence of the Consumer is in Italy and b) exclusively the Court of Milan, in all other cases.