GENERAL CONDITIONS OF SALE

Foreword

The offer of this online store is proposed by the company Nexteos S.r.l. in accordance with the current regulations on electronic commerce and distance contracts.

It is expressly stated that the General Conditions of Sale shall never apply to the sale of Products to natural or juridical persons acting within the scope of their professional activities or who do not qualify as consumers under the provisions of the Consumer Code.

Company data:

Nexteos S.r.l.

Company with sole shareholder

Registered office: Via Cavour, 13 46100 Mantova – Italy

Operating headquarters: Via I Maggio 21/A 46100 Villimpenta (MN) – Italy

Tax code and Company Reg. No. 02620000204

REA MN number – 267048

VAT No. 02620000204

Share capital: €12,000.00 fully paid-up

Tel: +39 3425132324

E-mail: info@nexteos.it

Certified email: nexteos@pec.it

The client declares having read all the aforementioned information and general conditions of sale before placing an order.

General Conditions of Sale

These General Conditions govern the manner of sale of products marketed by Nexteos S.r.l. (the “Products”).

All contracts for the sale of Products by Nexteos S.r.l. to third parties (the “Customers”) are governed by these General Conditions, which form an integral and substantial part of every proposal, order and order confirmation for the purchase of the Products themselves. The conditions of sale applicable to orders are those in force on the date of the order itself.

Nexteos S.r.l. reserves the right to modify the General Conditions of Sale on its own initiative or as a result of changes in the regulations applicable to Internet sales to consumers. In case of amendment, the version available on the Site at the time of the order issued by the Customer shall apply to the sale of the Product(s). The amendment of the General Terms and Conditions of Sale shall in no case have retroactive effect and shall be valid only for orders of the Product(s) transmitted as of the effective date. 

Products: prices and characteristics

Unless otherwise indicated, the prices of the Products published on the site by Nexteos S.r.l. are expressed in euros and include VAT.

The prices indicated do not include shipping costs, which will be expressly indicated in the order form before the user proceeds to its transmission.

The prices of the goods refer only to sales and shipments within the national territory. For shipments outside the national territory, the customer is required to contact the company Nexteos directly at the references indicated.

The prices, moreover, do not include any fees, duties and taxes applicable in the country of destination of the products where this is different from Italy. These additional costs are borne by the Customer who is responsible for verifying the amount with the competent customs authorities. They will be requested by the shipping company during delivery.

The price guaranteed to the Buyer is that published on the Site at the time the order is sent. The price established at purchase is fixed and final.

The prices of the Products from time to time published by Nexteos S.r.l. on the Site cancel and replace the previous ones and are subject to the actual availability of the Products.

The Customer may purchase only the products in the electronic catalog of the Site at the time of placing the order, as described in the relevant information sheets.

The technical and functional characteristics relating to the Products, published by Nexteos S.r.l. through its own informative messages in the Internet pages describing the items, are those communicated by the respective manufacturers. Nexteos S.r.l. assumes no responsibility regarding the truthfulness and completeness of such information. It is understood that, the picture accompanying the descriptive sheet of a product, may not be perfectly representative of its characteristics (color, size, accessory products present in the picture), in particular with regard to color and texture since color depends on the characteristics and adjustments of the Customer’s computer equipment and texture may not be perfectly perceptible on the screen. The Customer is therefore urged to refer to what is contained in the data sheets of individual products for the description of characteristics.

The Products are not supplied on trial. Although Nexteos S.r.l. operators may provide indications on the characteristics of the Products, the Customer is responsible for the choice of the Products ordered and for the compliance and conformity to their needs of the specifications indicated in the data sheets.

Orders – invoicing

Each order for Products transmitted to Nexteos S.r.l. constitutes the Customer’s contractual proposal. The processing of the order by Nexteos S.r.l. is equivalent to its confirmation and acceptance.

The fiscal documentation related to the ordered Products will be issued by Nexteos S.r.l. when the Products are shipped to the Customer.

In the event that the customer expressly requests the issuance of an invoice, they must indicate the exact data necessary for invoicing and specify the shipping address of the invoice.

Order acceptance and execution 

The correct receipt of the order is confirmed by Nexteos S.r.l. through a reply by e-mail, sent to the e-mail address communicated by the Customer. This confirmation message will report the Date and Time of execution of the order and an Order Number, to be used in any further communication with Nexteos S.r.l. The message will repeat all the data entered by the Customer, who undertakes to verify their correctness and to promptly communicate any corrections to the references indicated on the site.

The order acceptance email confirms the contract of purchase.

In the case of non-acceptance of the order, if the same is due to unavailability of the Products ordered by the Customer, Nexteos S.r.l. will provide as soon as possible to inform the Customer of the delivery time expected for the supply of the missing Product. If the Customer does not intend to wait for such time, in any case not exceeding 30 working days, Nexteos S.r.l. will refund the sums eventually already paid by the latter for the unfulfilled supply.

In the lack of communication from the customer within three days from the notice of unavailability of the product, Nexteos S.r.l. will send the non-acceptance of the order placed.

Nexteos S.r.l. reserves the right not to confirm an order for any reason pertaining in particular to a problem concerning the order received or the product supply.

Conclusion of the sales contract 

In order that the procedure for the conclusion of the contract of purchase of one or more goods published on the Site can be said to be concluded, the Customer will have to fill in an order form in electronic format and transmit it telematically to Nexteos S.r.l., following the instructions that will be provided with indications on the various steps to follow. The conclusion of the purchase contract will take place when the acceptance of the order by Nexteos S.r.l. is sent by e-mail to the customer.

The Customer is required to pay the sale price of the Product(s) in order to validate the order. The acceptance of the order by Nexteos S.r.l. is subject to the condition of collecting the full price.

Delivery of Products

The Products are delivered to the address indicated by the Customer.

Shipments will take place after receiving confirmation of payment from the credit card circuit.

Shipments are made by qualified express couriers to ensure the quality of service and integrity of the Products.

The main courier by which deliveries are made is:

TNT Global Express

Products are packed with:

– Double layer cardboard, except in the case of gowns and masks where the TNT protective envelope is deemed sufficient.

Shipping costs for Italy are free for orders above 59.00 euros including VAT.

Below this amount, the shipping cost is 5.99 euros per shipment. 

Standard shipments

Delivery of products in stock is made by express courier within 3-5 working days in Italy. For deliveries outside the national territory, the customer is required to contact Nexteos S.r.l. in order to know delivery times and costs. In the case of bulky orders and/or particularly fragile products, the shipment is carried out by specialized couriers with variable delivery times depending on the volume and destination of the goods. The shipping term for an order containing items having different delivery times is equal to the longer shipping term of the items in the order.

Since certain Products are custom-made and Nexteos S.r.l. cannot maintain an excessive level of stock in the face of an exceptional level of orders, it may not be able to carry out manufacturing within terms that allow it to ensure the delivery of the Products on the expected deadlines. Moreover, particularly with regard to large orders, the Company may be obliged to transmit orders for specific fabrics for quality reasons and in order to avoid risks of differences due to different production batches. In this case, the Company will contact the Customer, who may at their discretion accept the change in the delivery deadline or cancel the order.

The Customer purchases one or more Products for sale exclusively on the Site within the limit of available stock. The Customer will not be able to complain about the unavailability of one or more Products, regardless of the duration, if they have been informed about it before the order.

Nexteos S.r.l. has the right to make, if it considers it appropriate, the delivery of the Products (even related to the same order) in several successive stages.

The delivery is considered as executed from the moment the Product is delivered to the Customer.

The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, shall constitute proof of transportation and release of the good.

Floor Deliveries and Assembly

Deliveries are intended to be at street level only.

Nexteos S.r.l. does not offer assembly services.

Products generally travel unassembled or partially assembled. In most cases assembly is simple and consists of assembling already defined parts. However, Nexteos S.r.l. does not take responsibility for incorrect use and assembly by the customer.

Upon delivery, the Customer shall verify the content, conformity and condition of the Product(s). Therefore, upon delivery, Nexteos S.r.l. recommends the Customer to proceed to verify the state of the delivered Products before signing the acknowledgement of receipt, and to make sure in particular:

– that the number of packages being delivered corresponds to what is indicated in the transport document attached to the shipment;

– that the packaging is intact, not damaged, nor wet or otherwise altered, and to check the integrity of the contents.

If the Customer finds any anomalies, they must refuse delivery of the products or put their reservations in writing in a detailed and dated document. If the courier’s document is signed without affixing any “reservation”, the Customer will not be able to oppose any dispute about the external characteristics of what has been delivered.

In the hypothesis in which the package is intact but the product is broken or severely damaged, the Customer must immediately inform Nexteos S.r.l. by sending appropriate photographic documentation to the e-mail address indicated in the site and in this document; the eventual expenses of redelivery of the products will be borne by Nexteos S.r.l. which will provide for their withdrawal.

Eventual problems inherent to the physical integrity, correspondence or completeness of the received Products must be reported within 3 (three) days from the delivery.

In said hypotheses the company Nexteos S.r.l. will provide at its own expense for the replacement of the purchased good and in case of unavailability due to running out of stock, they will immediately refund the relative amount paid with express waiver of the Customer to any further claim for compensation for any reason and/or cause.

In case of delivery delay, art. 61 of the Consumer Code will be applied.

Nexteos S.r.l. has the right, at its sole discretion, to make the delivery of the ordered Products by means of a courier chosen by you.

Withdrawal of the products in case of absence of the customer

If the recipient is absent during delivery, the carrier will leave a notice of passage to the delivery address indicated by the Customer. The Products must be picked up at the address and in the manner specified by the carrier.

In case of failure to collect the Products within the time limit set by the carrier, the Products will be returned to Nexteos S.r.l., which reserves the right to refund the price of the Products, leaving the shipping costs to be borne by the Customer.

In the event of an error in the shipment of the Product, the Customer agrees to return said Product or the affected Products to Nexteos S.r.l. within 7 (seven) days of receipt, unopened, in their original condition and packaging and with accompanying documents.

Upon receipt of the Product in proper form and manner, Nexteos S.r.l. will return, at its own expense, the Product originally ordered.

Force Majeure

Explicitly, the following cases are considered as cases of force majeure, in addition to those normally considered by jurisprudence, even in the following cases: – total or partial strikes, internal or external to the company, blockage of means of transportation or supply for any reason, governmental or legal restrictions, computer failures, blockage of telecommunications including networks and in particular the Internet. In case of force majeure, the execution of the order will be suspended. If a period of 3 (three) months has passed and the parties find that the case of force majeure persists, the order will be automatically cancelled, unless otherwise agreed by both parties.

Product Warranties – Technical Support

Products purchased on nexteos.it enjoy the legal guarantee of conformity of goods in accordance with the provisions of Legislative Decree No. 206 of 06/09/2005 “Consumer Code”. The legal guarantee operates exclusively if the product is purchased by a “consumer” as defined by the “Consumer Code”.

Right of Withdrawal

The Customer, pursuant to art. 52 et seq. of Legislative Decree 6/09/2005 no. 206 (Consumer Code), may exercise the right of withdrawal of the purchased goods.

The right of withdrawal must be exercised no later than 14 days from the date of receipt of the goods, by written communication to Nexteos S.r.l. at the certified email address indicated in this document, always putting customer@nexteos.it in carbon copy, or by registered letter with return receipt sent to the operating headquarters of the company. The customer will be notified of the receipt of the withdrawal. At their own expense, the customer will return the products previously purchased within and not later than 14 days from the communication of the availed right of withdrawal and Nexteos Srl, after having received the goods and checked its state, will provide within 14 days from the communication of the withdrawal to refund the sum equal to the purchase price by bank transfer or by using the same means of payment used for the initial transaction, unless the customer has not expressly agreed otherwise. In any case, the customer will not have to bear any cost as a consequence of such refund.

The Customer making use of the right of withdrawal must return the goods in their original packaging. The products must have only been viewed and not used. Returns of damaged products will not be accepted. In the event that the returned product has suffered a decrease in value due to handling that has violated its integrity, Nexteos Srl will communicate the corresponding amount to the customer. 

The customer, in order to exercise the right of withdrawal, is suggested to use the appropriate form published on the site.

In any case, the customer’s communication must contain the following information:

– Recipient

– Products purchased and subject of the withdrawal

– Reference to order no. or order confirmation no.

– Date order was placed

– Date of receipt of goods

– Courier and goods delivery document number

– Consumer name

– Consumer’s address

– Means of payment used

– Amount of products subject to withdrawal

– Consumer’s signature (only if this form is provided in paper version)

– Date

Pursuant to and for the purposes of Article 59 of Legislative Decree No. 206 of 6/09/2005 (Consumer Code), the right of withdrawal does not apply with regard to:

(a) service contracts after the full performance of the service if the performance has begun with the express agreement of the consumer and the acceptance of the loss of the right of withdrawal following the full performance of the contract by the professional;

1. b) the supply of goods or services whose price is linked to fluctuations in the financial market that the trader is unable to control and that may occur during the withdrawal period;
2. c) the supply of goods made according to the Client’s requests or are customized;

(d) the supply of goods that are likely to deteriorate or expire rapidly;

1. e) the supply of sealed goods that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery;

(f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;

1. g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can be made only after thirty days and the actual value of which depends on fluctuations in the market that cannot be controlled by the trader;

(m) contracts concluded at a public auction.

Payment

Payment is due upon placing an order.

The Customer agrees to settle the agreed price for the Product ordered on the Site (price of the Products and transportation) as well as, if necessary, to settle or have settled directly with the carrier or transporter the VAT or other taxes related to importing the Products in the countries where delivery will take place.

The Customer settles the order by credit card on the site or through Stripe.

The Customer guarantees Nexteos S.r.l. of the fact that they have the necessary authorizations to use the card payment method when ordering or through Stripe.

Claims

Claims for non-conformity of the Product(s) delivered with the order must be received in writing, immediately after receipt of the goods, directly to Nexteos S.r.l. at the certified email indicated in this document, putting the customer center customer@nexteos.it in carbon copy or by registered letter with return receipt sent to the company’s operational headquarters.

We advise the Customer to keep the original packaging and the delivery document.

Information – PRIVACY POLICY

Digital processing of information, including the management of e-mail addresses of users of the site, is carried out in accordance with the provisions of the law.

The nominative information requested from the Customer is essential for the processing, forwarding and fulfillment of orders, the issuance of documents and any warranty contracts.

For this purpose, such information may be communicated to Nexteos S.r.l.’s contractual partners. The Customer may object to such a communication and in accordance with the law exercise the right to access, modify, rectify and delete data concerning them by contacting Nexteos S.r.l., Via I Maggio 21/A, 46100 Villimpenta (MN) – Italy,. To avoid any attempt of fraud Nexteos S.r.l. may ask for proof of the Customer’s identity and domicile.

Electronic signature

The “validation click” constitutes an electronic signature.

This electronic signature has the same value between the parties as a handwritten signature.

Non-waiver

For Nexteos S.r.l., the fact of not enforcing a failure by the Customer with respect to any of its obligations shall not be construed as a waiver of the obligation in question and of the possibility of enforcing this failure at a later date.

Entirety of the contract

These general conditions of sale constitute the entirety of the obligations of the parties. No other general or particular conditions communicated by the Customer may be inserted or waived by these general conditions.

Intellectual Property

Nexteos S.r.l., is the owner of the intellectual property rights of the Site and the right of dissemination of the elements that are contained in the catalog of the online store, consequently, the partial or total reproduction, on any type of media, of the elements that make up the Site and the catalog, their use as well as their transfer to third parties are formally prohibited.

Nullity

Should one or more provisions of these general conditions be deemed invalid or declared invalid by application of a law, regulation or as a result of a final decision made by a competent jurisdiction, the other provisions shall retain all their force and value.

Jurisdiction

Any dispute that may arise will be governed by Italian Law, and this also with regard to the determination of the competent Court, which in the case where the Customer is a “Consumer”, will be that of their residence.

It should be noted, however, that in compliance with the current regulatory provisions on Alternative Dispute Resolution and Online Dispute Resolution, an online platform for out-of-court dispute resolution has been established. Said platform (ODR) can be consulted at //ec.europa.eu/consumers/odr/where Consumers residing in Europe can find the list of ADR bodies, the link of the site of each of them and thus be able to initiate the online dispute resolution procedure for a contract concluded online in which they are involved.

It should be noted that Nexteos S.r.l. does not make use of any ADR body referred to in Articles 141-bis et seq. of the Consumer Code.

In any event, the Consumer’s rights to appeal to any other institution for the out-of-court settlement of disputes being permitted and provided for by law or to go to the ordinary courts are unaffected.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares that they have carefully read and understood and specifically accept the following clauses of the Nexteos S.r.l. General Conditions of Sale: 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.