Conditions of sale

1. Scope of application and Site navigation

1.1. The offer and sale of the Products on the Site constitute a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2. These General Conditions of Sale apply to all sales made by Domus Nova Architettura d’interni s.r.l. (from now only Domus Nova) on the website www.domus-nova.it

1.3. The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site, in the “Legal Notes” section. Users are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General conditions of Sale.

1.4. The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.5. These General Conditions of Sale do not regulate the sale of products and / or the provision of services by parties other than Domus Nova that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. Domus Nova is not responsible for the provision of services and / or for the sale of products by such subjects. Domus Nova does not carry out any checks and / or monitoring on the websites that can be consulted through these links. Domus Nova is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

1.6. The user is required to carefully read these General Conditions of Sale, which Domus Nova makes available to him in the “Legal Notes” section of the Site and which can be stored and reproduced, as well as all other information that Domus Nova provides it on the Site, both before and during the purchase process.

1.7. When the user first requests to visit the Site, and in any case starting from the date of entry into force of the EU Regulation 2018/302 of the European Parliament and of the Council of 28 February 2018 (the so-called “Geo-Blocking Regulation “), The user can select the version of the Site, among those available, that he intends to visit. This choice may eventually be applied to the user’s personal account, if the latter has one, and must not be repeated every time, remaining valid for all subsequent visits by the same user to the same version of the Site, without prejudice to the right of ‘user to change it, at any time, by contacting Customer Service in the manner and at the addresses indicated in art. 15 below, as well as without prejudice to accessibility to other versions of the Site available from time to time.

1.8. In order to proceed with purchases by the site, the user must subscribe to the same and, if desired, also to the newsletters. In the latter case, the user must give his consent to the processing of personal data as per the GDPR.

1.9. It is also specified that, after the start of the purchase process (which coincides with the moment in which the user, to add a product to the cart, clicks on “Purchase”), the user can still choose to change the version of the Site that you have previously selected, but this will lead to the interruption of the purchase process, the emptying of the cart and the redirection of the user to the Home Page of the version of the Site he has chosen according to the procedure described in the preceding paragraph.

1.10. In any case, the following remain unaffected:

    • the case in which the blocking, limitation of access or redirection to an alternative version of the Site for reasons related to the nationality, place of residence or establishment of the user are necessary to ensure compliance with a legal requirement provided for by European Union law or domestic law applicable from time to time; in this case, a clear and specific explanation will be provided as to why it is necessary to block, limit access or redirect to an alternative version of the Site;
    • the right of Domus Nova to make targeted offers and / or to establish different general access conditions (for example by preparing country-specific versions of the Site), including net sales prices, while maintaining, however, and in any case, non-compliance discriminatory and independent of users’ nationality, place of residence or establishment.
2. Purchases on the Site

2.1. The purchase of the Products on the Site is allowed only to subjects who:

    • have completed the age of 18;
    • act as consumers, meaning natural persons who, in connection with the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out;

2.2. The user is allowed to purchase multiple Products with the same order (“Multiple Order”). Domus Nova also reserves the right to not accept a multiple Order if it concerns more than five pieces of the same article within the same;

2.3. In case of violation of these prohibitions or in the case of orders, coming from anyone, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made, Domus Nova reserves the right to take all necessary actions to stop the irregularities, including non-acceptance or cancellation of irregular orders or suspension of access to the Site or cancellation of registration on the Site.

2.4. Finally, Domus Nova reserves the right to refuse or cancel orders that come from:

    • a user with whom it has an ongoing legal dispute;
    • a user who has previously violated the conditions and / or terms of the purchase contract with Domus Nova;
    • a user who has been involved in fraud of any kind and, in particular, in fraud relating to payments by credit card;
    • users who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent Domus Nova the information and / or documents requested by the same as part of the procedure pursuant to art. 9.7 below or that invalid documents have been sent to you.
3. Registration on the Site

3.1. The purchase of Products on the Site can take place after registering on the Site.

3.2. Registration on the Site is free. To register on the Site, the user must fill in the appropriate form, entering name, surname, title, an e-mail address and a password and clicking on “Register”. The successful registration on the Site will be confirmed to the user through a specific confirmation

3.3. Registering on the Site, by opening a personal account called “My Account”, allows the user to:

    • save their addresses;
    • access all information relating to orders and returns;
    • follow the status of the order; manage their personal data and update them at any time;
    • revoke, at any time, any consent expressed pursuant to and for the purposes of art. 1.9 above.

3.4. The registration credentials (e-mail address and password) allow the user to make purchases on the Site.

3.5. In any case, the registration credentials must be kept with extreme care and attention, they can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third parties have access to them.

3.6. The user guarantees that the personal information provided during the registration procedure on the Site and / or at any other time in his relationship with Domus Nova is complete and truthful and undertakes to keep Domus Nova harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials.

3.7. Registering on the Site and / or purchasing through the Site constitutes acceptance of these General Conditions of Sale.

4. Information aimed at the conclusion of the contract 

4.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Domus Nova informs the user that:

    • to conclude the purchase contract for one or more Products on the Site, the user must fill in an order form in electronic format and send it to Domus Nova;
    • the contract is concluded when the order form is signed to Domus Nova;
    • before proceeding with the transmission of the order form, the user can contact Domus Nova if he has subsequently identified any data entry errors.

4.2. Once the order form has been registered and the confirmation of the validity of the payment method used has been received, Domus Nova will send the user, to the indicated e-mail address, the order confirmation containing:

    • a summary of the General Conditions of Sale, as well as the particular conditions applicable to the contract,
    • information relating to the essential characteristics of the purchased Product or, in the case of Custom Made (see Article 5 below), information relating to this product and the customization options chosen by the user,
    • the detailed indication of the price, the means of payment used, the delivery costs and any additional costs as well as information on the right of withdrawal or its exclusion.

4.3. The order form will be filed in the Domus Nova database for the time necessary to execute it and, in any case, in accordance with the law. To access their order form, the registered user can consult the “My Account – My orders” section of the Site.

4.4. Le lingue a disposizione degli utenti per la conclusione del contratto sono l’italiano e l’inglese. Il Servizio Clienti è in grado di comunicare con gli utenti nelle medesime lingue.

5. Availability of Products

5.1. The Products displayed on the Site are Domus Nova luxury furniture items.

5.2. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may be available for a short period of time, while it is instead out of stock or not immediately available.

5.3. If the Product is not available for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the other rights attributed to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, Domus Nova will immediately notify the user by e-mail. The user will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damage, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code.

6. Product Information

6.1. Each Product is accompanied by an information sheet that illustrates its main characteristics (“Product Sheet”). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.

6.2. If the purchase is based on the vision of a sample, the purchased object must conform to the sample type viewed by the Customer, however for natural products (wood, leather, leather, marble, etc.), slight differences must be considered tolerated or dystonias of color compared to the same type of sample. Domus Nova Interior Architecture s.r.l. reserves the right to make technical and aesthetic changes to the products in the catalog, price list and drawings (projects) without prior notice, in order to improve the product, or make it possible to make it. Waterproofing is not guaranteed for stones, granites, marbles and natural materials, and imperfections must be considered not a defect but integral parts of the natural element. Carrara marble in particular has obvious defects and is not waterproof.

7. Prices

7.1. All the prices of the Products published on the Site are expressed in Euros and are inclusive of the Value Added Tax – VAT.

7.2. Domus Nova reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to the user will be the one indicated on the Site at the time the order is placed and that any variations (increase or decrease) subsequent to the transmission of the same.

8. Purchase Orders

8.1. The Products will remain the property of Domus Nova until the user has paid the Total Amount Due. In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered terminated by law pursuant to and for the purposes of art. 1456 c.c .. The user will be notified by e-mail of the termination of the contract and the consequent cancellation of the order.

8.2. Domus Nova will ship the Products only after receiving confirmation of the successful payment of the Amount Due from the user. The risk of loss or damage to the Products for reasons not attributable to Domus Nova, on the other hand, will be transferred to the user, when the latter, or a third party designated by him and different from the carrier, materially comes into possession of the Products.

9. Methods of payment in case of purchase on the Site

9.1. Payment for Products purchased on the Site can only be made by bank transfer to: Domus Nova

9.2. In the event that the user agrees to pay by bank transfer, Domus Nova will send an e-mail containing the bank details necessary for making the transfer.

9.3. Il pagamento dei Prodotti mediante bonifico bancario dovrà avvenire entro e non oltre quattro giorni lavorativi dalla data di ricevimento della e-mail di cui al precedente punto. Decorso inutilmente tale termine, il contratto si intenderà risolto di diritto ai sensi e per gli effetti di cui all’art. 1456 c.c. La risoluzione del contratto, di cui l’utente sarà avvisato tramite e-mail, comporterà la cancellazione dell’ordine.

9.4. With payment by bank transfer, the delivery times of the Product will start from the date of receipt of the transfer by Domus Nova or from the date of receipt by Domus Nova of the receipt of the transfer. To facilitate the connection between the payment received by bank transfer and the order, the user is asked to indicate in the reason for the bank transfer: order reference and item purchased

9.5. The commercial invoice will be issued at the time of shipment and will be sent by e-mail to the user, to the address he has registered.

10. Delivery of Products

10.1. The Delivery of the Products purchased on the Site is carried out in all States to the shipping address indicated by the user in the order form.

10.2. The shipping costs of the Products, which may vary in relation to the shipping method chosen by the user, and any other additional costs are charged to the user. Their amount will be expressly and separately indicated (in euros and including VAT) in the order confirmation e-mail.

10.3. Delivery terms are those indicated by Domus Nova in the order confirmation e-mail. They start from the sending of the order. In the event of failure to indicate a delivery term, this will in any case take place within 70 (seventy) days from the date of conclusion of the contract. Delivery terms are calculated considering only working days and therefore excluding Saturdays, Sundays and holidays.

10.4. At the time of shipment, that is the delivery of the Products to the carrier, an e-mail confirming the shipment will be sent to the user.

10.5. Deliveries in “standard shipping” and “express shipping” mode will be made through the couriers selected by Domus Nova and indicated, from time to time, in the order confirmation e-mail; in any case, they will take place from Monday to Friday during normal office hours, excluding national holidays. Domus Nova reserves the right to use other carriers and / or to use different delivery methods.

10.6. It is up to the user to check the conditions of the Product that has been delivered to him. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Domus Nova, is transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Products, it is recommended the user to check the integrity of the packaging and the number of Products received and are invited, where possible, to indicate any anomalies on the carrier’s transport document. In the event that the packaging shows obvious signs of tampering or alteration, the user is recommended to promptly notify Domus Nova. The application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

10.7. In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated in the Product Sheet and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites Domus Nova to make the delivery within an additional deadline appropriate to the circumstances (“Additional Deadline pursuant to art. 61, co. III, Consumer Code”). If this additional term expires without the Products having been delivered, the user is entitled to terminate the contract (“Termination of the Contract pursuant to art. 61, co. III, Consumer Code”), without prejudice to the right to compensation for damage .

10.8. The user is not burdened with the burden of granting Domus Nova the Supplementary Term pursuant to art. 61, co. III, Consumer Code (“Excluded Cases”) if:

    • Domus Nova has expressly refused to deliver the Products;
    • compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
    • the user has informed Domus Nova, before the conclusion of the contract, that delivery by or on a specific date is essential.

10.9. In the Excluded Cases, if the user does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (“Termination of the Contract in Excluded Cases “).

10.10. The indication of the Supplementary Term pursuant to art. 61, co. III, Consumer Code and the notice of termination of the contract pursuant to art. 61, co. III, Consumer Code or Contract Termination in Excluded Cases must be communicated by the user to Domus Nova at the addresses referred to in art. 15 below.

10.11. In the event of termination of the contract pursuant to art. 61, co. III, Consumer Code or Termination Code in the Excluded Cases, Domus Nova will reimburse the user the Total Amount Due without undue delay.

10.12. In the event that the user does not proceed with setting the Additional Term pursuant to art. 61, co. III, Consumer Code or, if the conditions are met, the Termination of the Contract pursuant to art. 61, co. III, Consumer Code or to the Termination of the Contract in the Excluded Cases, without prejudice to the possibility for the user to avail himself at any time of these remedies and / or the ordinary means of protection made available by the law and, in particular, by the Head XIV of Title II of Book IV of the civil code, Domus Nova undertakes to:

    • promptly notify the user by e-mail of the delay in delivery (“Delay Notice E-mail”), at the same time indicating the new delivery deadline, if available (“New Delivery Deadline”);
    • in case of delivery with a delay of between 3 and 7 working days with respect to the New Delivery Term, reimburse the user for the delivery costs, if already paid, within 10 working days from the expiry of the New Delivery Term or not request payment, if not yet paid;
    • in case of delivery with a delay of between 15 and 20 working days with respect to the New Delivery Term, allow the user who requests it to refuse the delivery and to terminate the contract, with consequent reimbursement of the Total Amount Due , if already paid, immediately and, in any case, within 10 working days from the request for termination of the contract or, alternatively, if the user does not want to terminate the contract, reimburse the user the delivery costs, if already paid, within the term 10 working days from the request or not to request payment, if not yet paid;
    • in the event of a delay in delivery exceeding 20 working days with respect to the New Delivery Term or, in any case, 30 days with respect to the original delivery term, offer the user, in addition to the provisions of art. 10.12 above, the supply of a different Product of equivalent or greater value, upon payment, in the latter case, of the difference and with the express consent of the user.

10.13. In the case of Multiple Orders that have as their object Products that must be delivered separately, the provision of art. 10.12 above will be autonomously applied to each delivery.

10.14. In the event of failure to send the Delay Notice E-mail or failure to set the New Delivery Term in the same, all the terms referred to in Articles 10.12 above will start from the original delivery term.

10.15. The user must promptly notify Domus Nova, by sending an e-mail to the address referred to in art. 15 below, the acceptance of the New Delivery Term or its choice in the cases referred to in Articles 10.12 and sub-points.

10.16. Assembly, delivery and installation. The assembly service, which is included only if specified in the contract, only includes the on-site assembly of the individual parts of the product, not including any hydraulic, electrical or masonry work and, in general, any further work necessary to make the predicted artifact.

11. Right of withdrawal

11.1. The right of withdrawal does not apply pursuant to art. 59, paragraph 1 letter. c) of the Legislative Decree 6 September 2005, n. 206 (Consumer Code) as all the goods that can be purchased and therefore the subject of the purchase contract are customized products or made on specific request of the buyer.

12. Legal Guarantee of Conformity

12.1. All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Legislative Decree n. 206/2005 (“Consumer Code”) (“Legal Guarantee”).

WHO IT APPLIES TO

The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

WHEN IT APPLIES

The seller (and, therefore, with regard to purchases made on the Site, Domus Nova) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will instead be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of this proof, to keep the purchase invoice, which Domus Nova sends him, as well as the DDT or any other document that can certify the date of the purchase (for example the credit card statement or bank statement) and the delivery date.

WHAT IS THE DEFECT OF CONFORMITY

There is a lack of conformity when the purchased good:

  • it is not suitable for the use for which goods of the same type are normally used; does not conform to the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model; it does not have the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labeling;
  • it is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted.

Any faults or malfunctions caused by accidental events or by the user’s responsibility or by a use of the product that does not comply with its intended use and / or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.

REMEDIES AVAILABLE TO THE USER

In case of lack of conformity duly reported within the terms, the user has the right:

  • primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
  • secondarily (in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at your choice.

The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be carried out, taking into account (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.

WHAT TO DO IN THE PRESENCE OF A CONFORMITY DEFECT

In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user can contact Customer Service, at the addresses indicated in art. 15. The Customer Service will promptly reply to the communication, indicating to the user what next steps he will have to take.

The Product with respect to which the user complains of the lack of conformity must be sent to Domus Nova, which will verify the existence or otherwise of the claimed defect, to the following address:

Domus Nova  architettura d’interni s.r.l.

Via Papa Giovanni XXIII n° 28

23848 Oggiono (Lc) – Italia

12.2. To return the Product with respect to which the user complains of the lack of conformity, Domus Nova makes available to the user, at the latter’s discretion and without prejudice to the right to follow the return procedure with a carrier chosen by the user, the prepaid return procedure by courier identified by Domus Nova.

13. Conventional Manufacturer’s Warranty

13.1. The products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (“Conventional Guarantee”). The user can only enforce this guarantee against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the warranty certificate contained in the product packaging.

13.2. The Conventional Guarantee is voluntary and does not add to, replace, limit, affect or exclude the Legal Guarantee.

14. Applicable law; Out-of-court settlement of disputes

14.1. The purchase contract concluded on the Site is governed by Italian law.

14.2. For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place of the Domus Nova registered office is competent.

14.3. Pursuant to art. 141-sexies, paragraph 3 of the Legislative Decree 6 September 2005, n. 206 (Consumer Code), Domus Nova informs the user who holds the status of consumer referred to in art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to Domus Nova, following which it has not been possible to resolve the dispute thus arisen, Domus Nova will provide information regarding the competent legal forum .

15. Customer Service and Complaints

15.1. It is possible to request information, send communications, request assistance or submit complaints by contacting Domus Nova Customer Service (“Customer Service”) in the following ways:

    • by e-mail, to the address __oggiono@domus-nova.it____ or by filling in and sending the contact request form, available in the “Contact us” section of the Site;
    • by telephone, at +39 0341 576036 (from Monday to Friday, from 9.00 to 12.00, excluding holidays);
    • by post, by writing to Domus Nova, via Giovanni XXIII n ° 28, 23848 Oggiono (LC). Domus Nova will respond to complaints submitted within five working days of receiving them, by e-mail.
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