General Terms and Conditions of Sale

Foreword 

The premises are integral parts of the general conditions of sale 

These Conditions of sale describe the methods of online sale and purchase which govern the commercial relations of Le Nom SRL ("the Seller") with its Consumer or Professional Clients, according to their different legal status (hereinafter cumulatively referred to as "the Client"). 

The only parameter of the legal nature of Consumer or Professional will be the invoicing issued by the Seller. 

These general conditions of sale have as their object the distance selling of handcrafted articles. 

1. Subject of the Contract of Sale - Irrevocable Proposal - Conclusion of the Contract 

1.1) The object of the contract is the supply of mainly hand-decorated handicraft goods with the possibility, at the customer's request, to personalize it. 

The customer will choose the good on website of Le Nom. 

1.2) The goods supplied, will be of a "tailor-made and clearly personalized" kind, specifically the Customer will choose through the instructions of the website Seller or those agreed with the Seller, the model, the color of the model, the characteristics and the position of customization, according to the possibilities provided by the Seller. 

1.3) The choice of materials and processing techniques are at the total discretion of the Seller, who undertakes to ensure that the products comply with those ordered. Any non-conformities which have occurred, i.e. which do not exist at the time of delivery, as well as any non-conformities known to the Purchaser or known to the same by the use of ordinary diligence at the time of delivery are excluded from this guarantee. 

1.4) By virtue of their artisan character, the manufactured articles may in any case present imperfections and/or ripples and/or colour nuances without this constituting grounds for complaint and/or dispute and/or termination of the contract and/or reduction of the price by the Customer, for this purpose please refer to point 9.8 of these conditions. 

1.5) The photos of the products and images present in the website product are provided for illustrative purposes and do not constitute a contractual element and are not binding for the Seller nor can their possible discrepancy with the model chosen give rise to termination of the contract and/or reduction in price and in any case cannot be understood as a defect and/or defect in the product chosen by the Customer.

1.6) The contract shall be concluded as follows: 

The customer must put the product in the shoppingwebsite cart, after having read the General Terms and Conditions, with particular reference to the contribution for delivery costs, how to exclude the right of withdrawal, the competent court, guarantees, and Privacy Policy, must select the desired method of payment and choose the option "send order". 

The Seller will send the Customer a confirmation e-mail (hereinafter the "Order Confirmation") to the e-mail address provided by the Customer. 

1.7) It is compulsory for the Customer to fill in all the forms on website for the Order Confirmation, in particular it is compulsory for the Customer to correctly provide the invoicing data on orders made by e-mail as requested by the Seller. 

1.8) The error, incompleteness, omission of billing data (such as by way of example only and not exhaustively: tax code, address of residence, shipping address), whether voluntary or involuntary, will not result in the conclusion of the contract, with the order remaining suspended. The Seller Party will send a specific request to the email indicated by the customer, who will have 5 days to provide and/or integrate the requested data. If no written acknowledgement is received within the above mentioned term, the contract will be considered terminated, and the sums will be retained by the Seller as compensation for damages, without prejudice to the Seller's right to claim the greater damages. 

1.9) The contract may also be concluded by e-mail if specific requirements of the Seller do not allow the fulfilment of points 1.6 and 1.7 of these conditions. In any case, it remains the Customer's obligation to provide the invoicing data in a correct manner. With this method, the Customer will receive an order confirmation email and the request to accept the General Conditions of the contract.

2. Price and Payments

2.1) The price will be exclusively the one indicated in the Order Confirmation, any variations must be written and signed by the parties. 

2.2) Payments will be made by electronic means, bank transfer cash on delivery. 

2.3) In the case of payment by electronic means and/or bank transfer, the contract will be subject to a condition precedent, until the sums are credited, since the Seller is not responsible, directly and/or indirectly connected to the supply object of the contract, without prejudice to the right of the Seller to claim compensation for damages in the case of non-payment of the order. 

2.4) The Customer will also be responsible for the route stamps and any other tax or duty, as well as any tax charge that may affect the price. 

3. Delivery of the Seller's Goods - Obligations and Exclusions

3.1) The goods are delivered by delivery to the address indicated by the Customer at the time of order confirmation. 

3.2) In the event of a change in the domicile indicated and/or the places of delivery of the Client's purchased goods, if these are not promptly communicated, no direct or indirect responsibility will be ascribable to the Seller. 

3.3) Upon delivery of the goods, the same are entrusted and kept by the Customer. 

4. Delivery Time

4.1) The terms of preparation, shipment and delivery, however indicated, are not exhaustive and are therefore to be considered as approximate estimates, without any commitment on the part of the Seller.

The following type of delivery times are envisaged as an indication: 

- 30 working days after payment of the order and/or crediting of the amounts to the Seller's current account 

4.2) It is possible for the Seller to postpone the delivery, also for reasons other than force majeure, for a period of a further 30 working days, starting from the date of delivery of the goods as provided for in point 4.1. 

4.3) The Seller shall not be liable for any inefficiencies due to force majeure of any kind or nature whatsoever, in the event it is unable to carry out the requested supply within the time agreed upon and provided for in the Conditions of Sale. Force majeure shall include, by way of example and without limitation, measures taken by the Public Authorities, strikes by the Seller's own employees, employees of third party companies or employees of the carrier couriers used by the Seller, as well as any other circumstance that is beyond the Seller's control or independent of the latter. 

4.4) In all cases referred to in points 4.2 and 4.3, the Customer shall not be entitled to claim any compensation, and any delays within the above mentioned terms shall not entitle the Customer to terminate the contract and refund the sums paid, excluding any claim for compensation by the Customer.

5. Transport - Liability and Charges

5.1) The Customer, by signing the order note and these general conditions of contract, expressly declares to be aware that the goods referred to in the contract, may be damaged in transit. 

5.2) Should the goods suffer damage during transport, the Seller undertakes to replace them within a reasonable period of time and no later than 60 working days from the date of delivery of the goods. 

5.3) In all cases referred to in points 5.1 and 5.2, the Customer shall not be entitled to any compensation, and any delays within the above terms shall not entitle the Customer to terminate the contract and refund the sums paid, excluding any claims for compensation by the Customer.

5.4) Upon delivery of the goods to the place indicated in the Order Confirmation, the time limit for reporting defects begins. 

6. Damage to materials - reporting defects for non-consumers 

6.1) The Non-Consumer Customer shall check the condition of the goods upon delivery and shall report any damage within and no later than 8 days. 

6.2) With the delivery of the goods to the place indicated in the Order Confirmation, the deadlines for reporting defects start. 

6.3) Warranties for damages caused by incorrect use of the goods are excluded, as written in point 9.8) of these General Terms and Conditions.

7. Waste Goods 

7.1) In the event the Customer refuses, without justified reason, all or part of the goods referred to in the contract, the latter is obliged to pay the Seller 100% of the contractual value of the product, without prejudice to the Seller's right to claim damages. 

8. Retention of Title - Solve et Repete clause 

8.1) In the case of deferred payments, the sale is understood to be made with a reservation of title in favour of the Seller until full payment of the entire amount due, with express prohibition to the Customer to transfer the goods.

8.2) The Customer, if he has not paid the price, undertakes not to establish in favour of third parties any rights whatsoever on the goods themselves or to transfer them to a place not previously known and communicated to the Seller. The non-compliance will be evaluated for the purpose of the buyer's aggravated liability. 

8.3) The Seller is authorized to bring the contract and the reservation of title agreement to the knowledge of third parties. 

8.4) The Customer acquires ownership only upon full payment of the supply. 

8.5) the customer may in no case deny or delay payments at the agreed due dates by invoking or raising any complaints, even if there has been a timely and valid report of defects. 

9. Guarantees 

9.1) All products sold by the seller are covered by the twenty-four (24) month legal warranty for defects of conformity. In case of receipt of Products that do not conform to the orders or are defective, the Consumer Customer shall have to communicate this within the term of 2 months from the discovery of the conformity defect. 

Beyond this term, the Seller shall therefore not be liable for defects of conformity found by the Consumer. 

9.2) The Non-Consumer Customer must report the defects within and no later than 8 days under penalty of forfeiture.

9.3) In case of replacement or repair of the Product, the terms of the warranty relating to the Product given as replacement or resulting from the repair, are the same as those of the original product. Therefore, the total two-year legal warranty period will in any case start from the delivery of the original product. 

9.4) In case of replacement or repair of the Product, the seller will contact the carrier who, subject to its availability, will collect the goods. 

9.5) The Seller reserves the right in any case to verify the disputed non-conformity and in case of confirmation will ship the replacement goods or refund the amounts paid. 

9.6) In order to benefit from the warranty you must show your purchase documents. 

9.7) If repair or replacement is impossible or excessively expensive, the Customer may, at his choice, request a price reduction or termination of the contract. It is understood that in determining the amount of the reduction or the amount to be returned, the use of the goods will be taken into account and that a minor defect, for which it has not been possible or is excessively expensive to carry out the repair or replacement, does not entitle the Customer to terminate the contract.

9.8) The warranties described herein only cover manufacturing defects and do not cover damage caused by improper or unreasonable use, negligence, accidents, abrasions, exposure to extreme temperatures, solvents, acids, water, normal wear and tear or improper handling of the product, excluding cosmetic damage such as scratches, dents, stains, colour changes or other non-functional changes in the appearance of the Product. 

9.9) Reference is made, in any case, to the provisions of Directive 1999/44/EC of the European Parliament and of the Council of 25/05/1999 and, in particular, to the provisions of Article 3 thereof. With reference to the Italian legal system, reference is made to articles 128 to 135 of the Consumer Code and, in particular, to the rights referred to in article 130 of the Consumer Code. 

10. Applicable law and place of jurisdiction 

10.1) This contract is governed by Italian law.

10.2) For any dispute relating to the validity, interpretation or performance of the Contract, territorial jurisdiction shall lie exclusively with the court of the place where the Seller has its registered office. This is without prejudice to the mandatory jurisdiction of the court of the place of residence or domicile of the Consumer Customer, if located in the territory of the State, pursuant to the Consumer Code. 

11. Exclusion Right of Withdrawal 

11.1 By signing this document, the Customer declares that he/she has been informed that the goods covered by the contract, even those of the standard type, are in any case custom-made and customized by the customer, as described in point 1 of the terms of the contract, therefore, the right of withdrawal is excluded pursuant to art. 59 of the Consumer Code. 

12. Privacy Policy 

12.1) The Client, in accordance with art. 13 of EU Regulation 679/16 ("Regulation on the processing of personal data - GDPR"), declares to have read the information when filling in the online forms necessary to complete their purchases. 

12.2) the Customer authorizes the Seller to exhibit, film and divulge the products made and implemented for advertising purposes, expressly renouncing to any economic request, directly and/or indirectly connected with the advertising of the bags

13. Invalidity of Clauses 

13.1) Should any of the General Conditions or part of it be deemed invalid or unenforceable, such invalidity shall not invalidate the remaining part of the clause or the General Conditions which shall continue to apply in full. The articles of the General Conditions that are found to be invalid or unenforceable will be replaced by other legally permitted clauses that will give the General Conditions a content as close as possible to the General Conditions.

The User expressly declares to have read the General Conditions of Contract above and to approve, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, as well as pursuant to Articles 33 and 34 of the Consumer Code, the following points: 

1.2) - 1.3) - 1.4) - 1.5) - 1.8) – 2.3) – 2.4) - 3.2) - 4.1) - 4.2) - 4.3) - 4.4) - 5.2) - 5.3) - 5.4) - 6.1) - 6.2) - 6.3) – 7.1) - 8.1) - 8.2) - 8.5) - 9.2) - 9.3) – 9.5) - 9.7) - 9.8) – 10.2) - 11.1) – 12.2)