1.1. These general conditions of sale govern the purchase of products (hereinafter, the "Products") offered on the e-commerce site www.nestetica.com (hereinafter, the "Site"). The Site, owned by NEST Srl - with headquarters in Via Cappuccini 20122, Milan (hereinafter, the "Owner"), is managed by the same company NEST Srl, later, the "Seller").
1.2. These general conditions see the Seller as Parties on the one hand, and, as a buyer, the user of the Site who purchases one or more Products for purposes not related to his own business, commercial, craft or professional activity (hereinafter , the "Consumer") (Seller and Consumers will be hereinafter jointly referred to as the "Parties").
1.3. The Owner is not part of these general conditions of sale, but is a means for the sale of the Products, which are then sold by the Seller in its own name and through the Owner. The Owner is also the owner of the rights on the domain name of the Site, and of the copyright on the contents of the Site, but not of the logos and trademarks relating to the Products, the latter owned by Comiderma Srl, Via San Giovanni Snc, 63074 , San Benedetto del Tronto (AP) VAT number IT02149800449.
1.4. Any communication from the Consumer relating to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site.
1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.
1.6. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Individuals who are not Consumers are advised not to execute purchase orders. If one or more purchases are made by a person who does not qualify as a Consumer, these general conditions of sale will apply but, notwithstanding the provisions of the same: i) the buyer will not be granted the right of withdrawal referred to in article 10; ii) the buyer will not be able to benefit from the guarantee on the Products indicated in article 8; iii) the purchaser will not be granted any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law; iv) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the 1980 Vienna Convention on the international sale of goods.
1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these general conditions of sale will be sent by e-mail to the address stated by the same during registration on the Site or during the purchasing process.
1.8. The purchase of Products through the Site is allowed only to persons who have reached the age of majority (18 years) and who are endowed with the ability to act. The Consumer who proceeds with the purchase declares and guarantees under his own responsibility that he is in possession of the aforementioned characteristics.
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales. concluded from that date.
2.3. Prices, Products for sale on the Site and / or their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and that the Consumer, by transmitting the order to the Seller , is required to accept in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print command and store or reproduce a copy for your own personal use.
3.3. The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site, or by sending the order if the Consumer is not registered at Site, an e-mail confirming the order itself, which will contain the link to the text of these general conditions of sale, the summary of the order made and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail communication to the Seller at 'address info@nestetica.com
3.4. Each contract for the purchase of the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. After the selection of the Products, to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. The Consumer will display a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, by means of the appropriate check-box. on the Site and finally, through the "Enter order" button, the Consumer will be asked to confirm his order, which will then be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the payment is made with an immediate payment method (contextual to the purchase) by credit card or PayPal, the Consumer will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer.
5.1. The Site indicates the availability of the Products and their delivery times. The Seller undertakes to do everything in its power in order to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 3 (three) days starting from the day following that on which the Consumer has transmitted the order.
5.2 In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to next paragraph. 5.3. If the payment has been made by bank transfer, where provided for on the Site, the delivery term will start from the receipt of the payment by the Seller.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the products purchased and to promptly inform the Seller of any defect in the Products received or of their discrepancy with the order placed, according to the procedure of referred to in the following art. 8 of these general conditions of sale, failing that, after 14 days of receipt, the Products will be considered accepted. Should the packaging or wrapping of the products ordered by the Consumer reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / forwarder or to accept delivery "with reserve".
8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (Consumer Code) and within the limits provided therein, the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in case of use or washing of the Product that does not conform to that of the Product and to the instructions / warnings provided by the Seller and / or the Owner, or reported in the reference illustrative documentation, in the tags or in the labels.
9.1. With regard to any damage caused by defects in the Products, the Seller, as a mere distributor of the products through the Site, is free from any liability, none excluded and / or excepted, indicating the name of the relevant product manufacturer.
10.1. The Consumer has the right to withdraw from the contract concluded pursuant to these general conditions of sale, without any penalty, for any reason and without having to justify their decision in any way, within the term of 14 (fourteen) days from the day in which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the Products.
10.2. For the purposes of exercising the right of withdrawal, the Consumer is required, within the period referred to in the previous paragraph, to inform the Seller of his decision to withdraw from the contract by means of an explicit declaration (for example a letter sent by post, fax or mail electronics). For the same purpose, the Consumer can also fill in and electronically send the return form on the Site to the Seller; if he chooses this option, the Seller will immediately send the Consumer a confirmation of receipt of the withdrawal on a durable medium (for example by e-mail).
10.3. If the Products have not been shipped to the Consumer, the withdrawal will be considered exercised with the receipt by the Seller of the aforementioned notice of withdrawal.
10.4. If the Products have been shipped to the Consumer, following the receipt by the Seller of the notice of withdrawal, the Seller will send the Consumer the return code via e-mail. Within the following 14 days, the Consumer must return the Products to the Seller, sending them or delivering them to NEST Srl - with operational headquarters in Via Cesare Battisti 20/2, 20078, San Colombano al Lambro (MI), Italy. clearly indicating the relative return code.
10.5. It is understood that the risks and transport costs relating to the return of the Products to the Seller will be borne by the Consumer. Products can be returned with shipping costs to be paid by the buyer. If it is necessary to change the product, the return and forwarding costs will be borne by the buyer unless previously agreed with NEST Srl For further information on the return, the consumer can ask for information at info@nestetica.com
10.6. In order for the right of withdrawal to be validly exercised, the Products must be delivered or in any case sent to the Seller, intact: they must not have been used or damaged; the package must be delivered still intact with the instruction leaflet inside; the Products must be returned in their original packaging, they must be sent to the Seller in a single shipment. Products ordered with the same order must be returned at the same time and shipped with a single shipment. It is advisable to cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport, even from writings or labels. The Consumer will be responsible for the decrease in the value of the Products resulting from their manipulation other than those necessary to establish their nature, characteristics and functioning.
10.7. The Seller will take delivery of the returned Products, reserving the right to verify that they have been returned in the conditions described in the previous par. 10.6.
10.8. If the right of withdrawal has been validly exercised by the Consumer within the terms and in the manner provided, the Seller will reimburse the Consumer for all payments that the latter has made, including delivery costs (with the exception of additional costs deriving from any choice of the Consumer of a type of delivery other than the least expensive type of standard delivery offered by the Seller). However, the Seller may withhold this refund until he has received the Products (and the verification of the returned Products has been successful) or until the Consumer has demonstrated that he has sent the goods, whichever occurs first. In any case, the cost of returning the Products to the Seller, including shipping, will be borne by the Consumer.
10.9. The reimbursement referred to in the preceding paragraph will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer in favor of the Consumer; the Consumer's responsibility will be to communicate to the Seller, by e-mail to info@nestetica.com, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due. If the payment was made by credit card, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the credit card used by the Consumer for payment. If the payment was made via PayPal, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the account used by the Consumer for payment.
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used relating to the Products are and remain the exclusive property of Comiderma Srl, Via San Giovanni Snc, 63074, San Benedetto del Tronto (AP) VAT number IT02149800449 and / or its successors in title, without the Consumer having any rights over them from accessing the Site and / or purchasing the Products.
11.2. The contents of the Site (trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text) cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used. for any purpose without the prior written consent of the Owner (NEST Srl), which is the sole owner of the aforementioned.
12.1. In order to proceed with the registration, the order and therefore the conclusion of this contract, some personal data from the Consumer are requested through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and the Owner, in accordance with and in compliance with the legislation referred to in the Italian law Legislative Decree no. 196/2003, to execute each purchase made through the Site and, with your consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and / or modify their personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
12.4. For any further information on the methods of processing the consumer's personal data, please access the Privacy Policy section and read the Conditions of Use carefully.
13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.
13.2. With regard to data relating to payments by credit card, the Seller uses the services of the company Shopify Payments which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14.1. Each sales contract concluded between the Seller and the Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with the applicable Italian laws.
14.2. In the event of disputes, the dispute will be devolved exclusively to the Court of Lodi, unless this provision is not applied due to mandatory laws in force in the consumer's country of residence.
