Nest Italy s.r.l. with registered office in Via Contrari 10/3, cap. 44121, Ferrara (FE), P.IVA and C.F. 02069670384, R.E.A. FE – 223278, PEC [email protected], (hereinafter also “Nest Italy”) offers on sale on its Site some products in dropshipping.
Contact details of the company:
– e-mail address: [email protected]
– e-mail address to which complaints, returns or withdrawal should be made: Nest Italy s.r.l. with registered office in Via Contrari 10/3, cap. 44121, Ferrara (FE)
The clauses of this Agreement may be modified as a result of legislative measures or by free choice of the Seller; we therefore invite you to periodically read these conditions. Any change shall take effect upon publication on the website https://nestitaly.com (hereinafter “Site”).
The activity carried out by Nest Italy on the Site constitutes a distance contract. The provisions applicable to this Agreement are those provided for by Legislative Decree. n. 206 of 6.9.2005 (“Consumer Code”) in addition to those generally applicable to the type of service provided under Legislative Decree no. n. 70/2003 on information society services and electronic commerce, as well as the rules provided by the Civil Code and special laws, if applicable.
These General Conditions do not govern the sale of products and/or the provision of services by parties other than those for which Nest Italy has signed dropshipping agreements, although they are present on the Site through links, banners, advertising or other hyperlinks. Nest Italy is not responsible for the provision of services and/or for the sale of products by such parties and does not carry out any control and/or monitoring on the websites accessible through such links. Before making commercial transactions with third parties you will have to verify their conditions of sale.
Before submitting the order, the user declares that he has read these general conditions of sale, and in particular the pre-contractual conditions as described below (“Contract” or “General Conditions”), as well as the attachments, and to accept them all unconditionally.The order request by the Buyer implies the acceptance without reservation of any of these General Terms and Conditions of Sale that prevail over all previous or specific versions generated by the Buyer, including the exchange of e-mail messages.
Only users who are of legal age in their own country and have the capacity to act are allowed to register on the Site. If there is no legislation in this regard, you must be at least 21 years old.
The applicable General Conditions of Sale are those present in the Site at the time of sending the purchase order.
Nest Italy is only a retailer of products, the availability of which is guaranteed by the individual supplier, dropshipper.
2. PURCHASES ON THE SITE AND SUBJECT OF THE CONTRACT
3. METHOD OF CONCLUSION OF THE CONTRACT AND PERSONS ENTITLED TO PURCHASE
4. METHOD OF CORRECTING INPUT ERRORS BEFORE FORWARDING
5. Method of archiving the contract.
6. METHOD OF PAYMENT
8. TAX INFORMATION
9. DELIVERY TIMES
10. INFORMATION ON SHIPMENT.
11. AVAILABILITY OF PRODUCTS
13. INTELLECTUAL PROPERTY
14. LIMITATIONS OF LIABILITY
17. FINAL BUYER
18. NON-CONFORMITY AND GUARANTEES
19. EXPRESS TERMINATION CLAUSE
21. SETTLEMENT OF DISPUTES
22. APPLICABLE LAW AND JURISDICTION
23. LANGUAGES AVAILABLE FOR THE CONCLUSION OF THE CONTRACT
1.1. The term “electronic commerce” means “any relationship of commerce between two or more entities which takes place remotely by means of electronic means”.
1.2. The term “Consumer” means the natural person who makes the purchase for purposes outside the entrepreneurial, commercial, craft or professional activity that may be carried out, pursuant to art. 3 lett. a) Consumer code. From now on, “Buyer”. Unless otherwise specified, the expression Buyer also indicates the Professional, ie the one who buys the products in the exercise of his business, commercial, craft or professional, or an intermediary, in accordance with the provisions of art. 3 Consumer Code.
1.3. The term “Seller” means Nest Italy, that is to say, the natural or legal person acting in the exercise of his commercial or craft or professional business activity (or his intermediary), who sells the goods or provides the services, pursuant to art. 3 lett. c) Consumer code.
1.4 the term “Supplier” means the dropshipper, that is, the person who physically supplies the good to the final consumer and takes care of its packaging and shipment.
1.5. “Site” means the Website https://nestitaly.com
2. PURCHASES ON THE SITE AND SUBJECT OF THE CONTRACT.
2.1. By means of this Agreement, the Buyer purchases the products listed on the Website at a distance by means of electronic means.
2.2. The aforementioned products are available on the Website page of the Website which contains the catalogue internally. The products are depicted and made visible online through a representation that is merely representative and constitutes “sale on type of sample” pursuant to and for the effects of art. 1522 co II cc.
2.3. The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the products. The colors of the products, however, may differ from the real ones due to the intrinsic settings of the devices with which they are displayed. The images of the product in the product sheet may also differ in size or in relation to any accessory products. In case of difference between the image and the written description, this is always the case.
2.4 In the case of orders, from anyone, that are abnormal in relation to the quantity of products purchased or the frequency of purchases made, Nest Italy and the Supplier reserve the right to take all necessary actions to end irregularities, including non-acceptance or cancellation of irregular orders.
2.5 The object of these General Conditions is the purchase at a distance, in dropshipping, by means of telematic tools of the products on the Site.
3. Method of conclusion of the contract and persons entitled to purchase.
3.1. Once the Buyer has accessed the Site, he must follow the procedures contained in the Site itself to formalize his proposal for the purchase of the products referred to in art. no. 2.
This Agreement is concluded exclusively through the Internet. The presentation of the products on the Site, not binding for Nest Italy and the Supplier, is a mere invitation to the Buyer to make a contractual purchase proposal and not an offer to the public. The Buyer after having selected the quantity of products he wants to buy and clicked on “Place order” or otherwise have confirmed his will to purchase, realizes a proposal addressed to Nest Italy, who sends it to the Supplier for the fulfillment of the order.
3.2. The Contract is concluded only after Nest Italy has verified the correctness of the reported data, the availability of the products through the Supplier, the successful outcome of the payment and therefore the Supplier has accepted the proposal by beginning the execution pursuant to art. 1327 c.c. The beginning of the execution coincides with the moment in which the order is processed by sending the order confirmation email referred to in point 3.4.
3.3. Orders are processed indicatively from Monday to Friday between 10.00 and 17.00, in any case the timing with which the orders are processed is independent of the will of Nest Italy, depending solely on the Supplier.
3.4. The forwarding of the order by the Purchaser, in accordance with point 3.1. above, implies the obligation to pay for the goods ordered. You will then be sent an order confirmation e-mail to the address indicated by the Buyer at the time of the order in which will be reported: the information relating to the essential characteristics of the product, the details of the Buyer, the Supplier, and the order, the order number and date, the price of the purchased goods (in Euro and inclusive of VAT), the delivery costs if applicable and any additional charges, the means of payment, the address where the goods will be delivered, how to exercise the right of withdrawal and the address where to return the products (withdrawal).
3.5. Upon receipt of the payment of the product, Nest Italy will proceed to issue the relevant tax document in accordance with the Presidential Decree no. 633/1972, as last amended with L. 160/2019 where required by the standard and where required before the order is placed.
3.6. It is not mandatory to register to the Site, being able to make the purchase directly in the appropriate section e-commerce inserting their personal data.
3.7. Once the contract has been concluded, the Supplier, through Nest Italy, who informs him of the order placed by the customer on its Website, will take charge of the purchase order. The place of conclusion of the contract is that of the Seller’s registered office.
3.9. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Those who are not Consumers are therefore invited not to execute purchase orders. If one or more sales are made to a person not eligible as a Consumer, this Agreement shall apply, but, notwithstanding the provisions herein:
- the Buyer will not be granted the right of withdrawal referred to in Article 15;
- the Buyer will not be recognized any other safeguards, provided here in favor of the Consumer, that reflect or comply with mandatory provisions of law, but only those provided by the Civil Code;
- the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exception of the 1980 Vienna Convention.
3.11 The purchase of the products displayed on the Site is allowed only to buyers over 18 years of age according to their legislation. In any case, the Buyer who makes purchases on the Site undertakes to indemnify the Seller from any liability in the event that he made purchases on the Site without complying with its national law on purchase limits for reasons of age.
4. Method of correcting input errors prior to forwarding.
Before submitting the order, you can change your personal data by returning to the appropriate form. If there are any problems for changes to be made before the order is placed, just send an email to [email protected]
Orders placed and processed cannot be modified, unless there is an agreement of Nest Italy in this regard and unless the goods have not yet been shipped. If granted in these cases, Nest Italy will notify the Buyer via email the possibility of making the change.
5. Method of archiving the contract.
Nest Italy informs the Buyer that each order sent is stored digitally on the server according to confidentiality and security criteria. In addition, in order to ensure its storage in a “durable medium”, a copy of the general terms and conditions of sale is available in the “Terms and Conditions” section in PDF format and is freely downloadable.
6. METHOD OF PAYMENT.
6.1. Any payment for the products purchased by the Buyer may be made only by means of the following payment methods. The use of the aforementioned does not entail any additional burden on the Buyer.
6.2. The payment methods accepted are those made by Credit Card (Visa, Mastercard, American Express, Maestro, Paypall) indicated in the Platform that manages payments, which the Buyer will access during the purchase process. In this regard it is specified that the credit card data are not accessible to Nest Italy, as all payments are managed directly by the credit institutions and the relevant platform. In all cases, with the forwarding of the order, the Buyer confirms that the credit card is his property or to be the legitimate owner.
6.3. All orders placed, before being processed, are subject to verification of authenticity directly by the relevant paper issuing institutions, to protect the Purchaser. As of 28 December 2020, online payments are even safer thanks to the new European PSD2 regulation that introduces new authentication rules. From now on, when you place an order using a credit card payment, your bank may ask you to confirm your identity using 3D Secure authentication. There are many ways to authenticate online payments and you may be asked to confirm your identity via SMS, email or Touchid.
6.4. If the Purchaser wishes to receive the purchase invoice, he must complete the appropriate form in the online purchase procedure before placing the order, by entering the Tax Code and p.iva. In any case, Nest Italy will promptly transmit to the Buyer, if required by applicable law, in electronic format by e-mail to the address stated by the same, the receipt related to the purchase executed, if the purchased products are intended to be delivered in Italian territory.
7.1. All sales prices of the products displayed and indicated on the Website are expressed in Euros and include VAT.
7.2. The shipping, delivery and/or postal costs, as well as any ancillary charges, depend on the Supplier’s policy. In any case, if present, they are not included in the price, and are charged to the Buyer and indicated in the purchase procedure, unless otherwise stated on-line promotion on the Site at the time of purchase.
7.3. The prices indicated for each of the goods are valid until the date indicated on the Site or until their change, it being understood that the price will be the one indicated at the time of purchase.
7.4. The price of the products will be as indicated from time to time on the Site, unless there is an obvious error. If this happens, the Buyer will be informed immediately and the option will be granted to confirm the order at the right amount or to cancel it. In the event that Nest Italy fails to contact the Buyer, the order will be cancelled and the latter reimbursed the full amount. There is therefore no obligation to supply the product at the lower price wrongly indicated (even if the order confirmation has already been sent) if the error in the price is obvious and unambiguous so that it can be reasonably identified as incorrect.
7.5. Discounts and promotions: if a promotion is active, and if the Buyer is in possession of a discount code or personal promotion, it is possible to use it at the time of payment. To this end it will be necessary to insert it in the appropriate section by entering the coupon code. If addressed to all potential Buyers, promotions and discounts may also be disclosed on the Website pages.
7.6. The amount that will be charged to the credit card optioned by the Buyer may undergo changes due to exchange rate regimes and fluctuations on bank commissions.
8. TAX INFORMATION
8.1. Price applied to customers resident in Italy
The prices of the products that are published on the Site are indicated VAT included.
9. DELIVERY TIMES
9.1. The Supplier, having received the order forwarded on behalf of the Buyer by Nest Italy, will deliver the products selected and ordered without undue delay within 10 days if the order was placed by 12.00 on the previous day except for the days holidays and weekends. Delivery and shipping times may vary depending on the geographic destination of the goods. In all cases, they cannot exceed 30 (thirty) days from receipt of the order. All delivery times shown are indicative and not binding.
9.2. As an indication, orders received starting from Friday evening until Sunday night will be processed starting from the following Monday.
9.3. In the event that the Supplier is unable to ship within the deadline referred to in point 9.4. Nest Italy will promptly notify the Buyer by e-mail or by telephone if contact information was provided during the order.
10. SHIPPING INFORMATION.
10.1. Shipping fees
Shipments in Italy are made through couriers chosen from time to time by the individual Supplier of the selected product. Shipping costs – where applied – are indicated within the online purchase procedure. If the free shipping promotion is active, it is indicated on the Site at the time of purchase.
10.2. Traceability of the shipment
Once the order has been shipped, the Purchaser will be able to view the status of his shipment on the courier’s website, by entering the shipping number provided by them or by contacting Nest Italy directly at the addresses indicated. (tracking number).
10.3. Shipping insurance
The insurance on the goods is that of the courier who makes the delivery and is already included in the shipping costs.
10.4. Shipment delivery
Delivery is handled directly by the courier, therefore please refer to the conditions provided by them. Upon arrival of the goods, before signing them for delivery, the Buyer is required to inspect the integrity of the packaging in order to detect any tampering and / or abrasion or breakage of the packaging itself or of the adhesive tape. He will also have to check whether the number of packages indicated in the carrier’s letter corresponds to that delivered. If you report discrepancies or abrasions / breakages / damage to the package, the Buyer is required to sign the receipt with reservation or refuse it. In such cases, the Purchaser may contact the Supplier by email at the address indicated in the order confirmation within 5 (five) days. In the event of failure to report as indicated above, the Purchaser will not be able to retaliate against the Supplier.
10.5. Shipping in stock
If the shipment is unsuccessful, the Buyer is invited to read the information communicated by the courier. After 3 (three) working days, without the Purchaser having made provisions in this regard, the Supplier reserves the right to request the return of the goods, the Contract will be considered terminated and the purchase order canceled pursuant to art. 1456 of the Italian Civil Code In any case, all storage costs are borne by the Buyer, as well as the cost of any return of the goods. This amount will be deducted from any refund due to the Buyer, a refund that the Supplier will make as soon as possible, crediting the sum to the means of payment used by the Buyer for the purchase.
11. AVAILABILITY OF PRODUCTS.
11.1. Nest Italy ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as the shipping times.
11.2. In any case, if for any reason an order exceeds the quantity in stock, Nest Italy or the Supplier directly by e-mail or other means (e.g. telephone if provided by the Buyer), will notify the Buyer if the good is no longer bookable, or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not, in the latter case by re-crediting the sum to the Buyer.
11.3 For items immediately available, the shipping times are those indicated in the previous art. 9. While for those already subject to the order but in the meantime no longer available, the Supplier undertakes to communicate to the Buyer, in a timely manner, and in any case as soon as possible, the impossibility of sending the ordered goods. In this case, the Purchaser will have the right to withdraw from this Agreement, obtaining a refund of the amount paid or the possibility to choose another product / service available.
11.4 In the case of orders relating to a plurality of products (Multiple Order), if the unavailability concerns only some products covered by the Multiple Order, without prejudice to the rights attributed to the Buyer by law, the Supplier will immediately notify the Buyer by email or phone. The Purchaser may choose to terminate the Contract, limited to the product (s) that have become unavailable, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code, if Consumer, if Professional, according to the rules of the Civil Code. In the event that the Purchaser makes use of the aforementioned right of termination, in relation to the product (s) that have become unavailable or in any case in which the payment of the total amount has already been made, the Supplier will make the reimbursement of the amount due in relation to such product (s), including delivery costs and any other possible additional costs due in relation to such products (partial amount due) without undue delay and, in any case, by maximum term of 15 working days from the sending of the order. The refund amount will be communicated to the Buyer by email or telephone.
11.5 The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the products covered by the Multiple Order that have become unavailable compared to the other products covered by the Multiple Order available.
Nest Italy, through the information provided by the Supplier, and the Supplier itself, promote correct and transparent information to consumers. The food sold, pre-packaged, contains the mandatory labeling information pursuant to art. 9 of the EU Reg. No. 1169/2011. This information is available to the consumer even before the purchase. Therefore, for any information relating to the ingredients, allergens or nutritional values of the products, you can contact Nest Italy directly at [email protected] which will forward your request to the Supplier.
13. INTELLECTUAL PROPERTY.
13.1. The Buyer acknowledges that all copyrights, registered trademarks and any intellectual property rights on all trademarks and contents present as an integral part of the Website (images, design, music, formats, etc.) are the property of Nest Italy o of the Supplier (and of those who have granted a license for their use) and that all the material contained in the Site is protected by copyright.
13.2. All content and images on the Site are the property of Nest Italy. Any use of such images and contents, not previously authorized by the written consent of Nest Italy (and the person who has granted a license for their use) will be prosecuted by law.
14. LIMITATIONS OF LIABILITY
14.1. Nest Italy assumes no responsibility for inefficiencies attributable to force majeure, in the event that the Supplier fails to execute the order within the time frame provided for in the Contract.
14.2. Nest Italy cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet and the Site beyond its own control or that of its sub-suppliers. It is understood that the costs of connecting to the internet are entirely borne by the Buyer.
14.3. Nest Italy will also not be liable for damages, losses and costs incurred by the Buyer as a result of the failure to execute the Contract for reasons not attributable to him, as the Buyer is only entitled to a full refund of the price paid and any additional charges incurred. .
14.4. Nest Italy assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the purchased products, if it proves that all precautions have been taken. possible based on the best science and experience of the moment based on ordinary diligence.
14.5. Nest Italy is not responsible for any allergic or intolerant effects that may occur on Buyers as a result of the consumption of the goods purchased.
14.6. In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made it in the times and methods indicated by the Seller.
14.7. Nest Italy guarantees that its Site is protected according to international standards for the Internet. For uses, if correct, the Buyer is protected from viruses.
14.8. Nest Italy declines all responsibility for any malfunctions deriving from and / or related to the deactivation of cookies in the user’s browser.
14.9. Nest Italy is not liable in the event of damage of any kind resulting from the use of the product improperly / in excessive quantities and / or not in accordance with the characteristics of the product and its common use, or by chance or force majeure.
14.10 The Products will remain the property of Nest Italy until the Purchaser has paid the total amount due. The risk of loss or damage to the products, for reasons not attributable to Nest Italy or the Supplier, on the other hand, will be transferred to the Purchaser when the latter, or a third party designated by the same and different from the carrier, materially comes into possession of the products.
15.1 The Purchaser may withdraw from this Agreement, and therefore return the purchased goods, within 14 (fourteen) days of purchase, returning the Goods to the Supplier at the address indicated in the order confirmation email.
The Goods must be returned intact and with the original packaging still sealed. The costs of returning the goods are borne by the Buyer. Nest Italy, upon receipt of confirmation from the Supplier, will return the price paid within 14 (fourteen) days of the arrival of the goods at the address indicated above.
15.2 The Buyer acknowledges and accepts, by signing this Agreement, that with regard to edible products, once the order has been placed, it is not allowed to withdraw as the sale concerns products that “risk deteriorating” (art. 59 letter d) of the Consumer Code) as well as for reasons of hygiene or health protection, with reference to sealed goods, in accordance with the provisions of art. 59 lett. e) Consumer Code.
15.3 The Buyer also acknowledges that for customized products made in a customized way, there is no right of withdrawal, in accordance with the provisions of art. 59 Consumer Code.
For any complaint, the Purchaser may contact the Supplier at the address communicated to him in the order confirmation.
17. FINAL BUYER.
The products for sale included on the Site are intended for the Buyer, identified pursuant to art. 1.2. of these General Conditions.
18. DEFECT OF CONFORMITY AND GUARANTEES.
18.1. Defects caused during transport are expressly excluded from the guarantee.
18.2. For the purposes of this contract it is assumed that the consumer goods comply with the contract if they have the characteristics referred to in art. 129 Legislative Decree 206/2005.
18.3. In the event of a lack of conformity, the Purchaser may ask the Supplier, alternatively and at no cost to him, to replace the purchased good, (under the conditions provided for in paragraphs 3, 4, 5 and 6 of article 130 of the Consumption), or an adequate reduction of the purchase price, or even to Nest Italy the termination of this Agreement, (in accordance with the conditions of paragraphs 7, 8 and 9 of art.130 of the Consumer Code).
18.4. In such cases it will be the Buyer’s responsibility to indicate the methods (among those in the payment method) for the re-credit of the sums previously paid to Nest Italy.
19. EXPRESS TERMINATION CLAUSE.
Any obligation not fulfilled in the manner provided for in these contractual conditions will result in the termination of the Agreement pursuant to and for the purposes of art. 1456 of the Italian Civil Code
21. SETTLEMENT OF DISPUTES.
21.1. All disputes arising from this contract may be devolved to a conciliation attempt at the Mediation Body chosen by the Consumer from those present in the following link: https://www.mise.gov.it/index.php/it/mercato -and-consumers / consumer-protection / consumer-disputes / odr-online-dispute resolution and governed by the Conciliation Regulation adopted by it or at the link http://ec.europa.eu/consumers/odr Through the ODR platform, the Buyer can send a complaint relating to a Contract concluded online and thus activate the online dispute resolution procedure.
21.2. If the parties intend to appeal to the ordinary judicial authority, it is the one corresponding to the registered office of Nest Italy.
22. APPLICABLE LAW AND JURISDICTION.
22.1. This contract is regulated by the Italian law.
22.2. Matters relating to the use of the Site are governed by Italian law. Buyers who access the Site declare that they accept this regulation. In particular, Nest Italy does not guarantee in any way that the content of the Site complies with the regulations in force in other countries. Access to the Site from places where its contents are considered illegal is expressly prohibited. Buyers assume full responsibility for any breach of these prohibitions.
22.3. Nest Italy does not offer any guarantee on compliance with the information published on its Site with the laws laid down by the Buyer’s country of residence.
In the event of disputes relating to the execution or interpretation of this Agreement, the parties assign exclusive jurisdiction to the Court of Ferrara, with express derogation from any other provisions established by law or international conventions.
24. EXPRESS ACCEPTANCE
By proceeding with the purchase, the Buyer declares to expressly accept the contents of the following clauses: 14. Limitation of liability; 19. Express termination clause; 21. Settlement of disputes (Mediation Body and Judicial Authority); 22. Applicable law and jurisdiction; 23 Jurisdiction.
Attachment n. 1 WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
Recipient: [indicate the contact details of the supplier]
– I hereby [first and last name] ___________________________ notify the withdrawal from my Purchase Agreement ref. n. order [insert order number in order confirmation] _________________ of the following goods _____________________________________________________________________
[indicate the barcode of each asset].
– Ordered on _______________ / received on ________________
– Reason [optional] _______________________________________________________________
– Address of the Purchaser ___________________________________________________________
– Buyer’s signature (only if this form is notified on paper)
Date __ / __ / __.