TERMS AND CONDITIONS

 

General conditions of sale

(pursuant to Chapter I, title 3, Part 3, of Legislative Decree No. 206/2005 and subsequent amendments and additions)

 

1. Premise and effectiveness of the general conditions of sale

These general conditions of sale (hereinafter, “General Conditions") have as their object the discipline of the distance sale of the products and services made available, through the internet, on the site www.nerius.it  (in the following, the “Site”) and the relative payment and delivery, in compliance with the Italian legislation referred to in Legislative Decree No. 206/2005 and subsequent amendments and additions (hereinafter, “Consumer code”).

The seller of the products and owner of the site is: 3dcut.it with Registered office in Via della chiesa 4, 41042 Fiorano Modenese (MO), C. F / P. I. n. 03738550361, (hereinafter “Nerius”).

The subject who accesses the site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these general conditions - which constitute a binding agreement-made available to you on the site and which will be consulted at any time by the customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.  

In the case in which the person making purchases on the Site will require the issuance of an invoice and/or, however, is not a “consumer or user” as defined in art. 3, paragraph 1, letter a) of the Consumer Code, do not apply to the discipline of withdrawal pursuant to art. 7 and 8 of these General Conditions or, more generally, the predictions that under the same Consumer Code shall apply only to the “consumers”.

The contracts concluded with Nerius through the site are governed by these general conditions in compliance with Italian law.

The characteristics and price of the various products for sale on the site (below “Product” or “Product") are shown on the page for each product.

To purchase the products, the customer must complete and send the order form in electronic format, following the instructions contained in the site. The customer must add the product to the cart and, after having read these general conditions and the Privacy Policy and confirmed their acceptance, must enter the shipping data and any billing, select the desired payment method and confirm the order.

With the sending of the order from the Website, which has the value of the proposed contract, the Customer acknowledges and declares to have read all the instructions provided during the purchase procedure and to fully accept the present General Conditions and payment transcribed, as well as the Privacy Policy.

The contract concluded between Nerius and the customer must be concluded with the acceptance of the order by Nerius. Such acceptance to be communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the shipping and billing information, the list of ordered Products with their essential characteristics, the total price - including the costs of delivery and the method of payment used. The Customer must check the confirmation email, and if individuals of the errors in the order (address, billing or shipping address, contact information, or the like) will have a time limit established by receipt of this email to contact the Customer Service directly from the Site using the special contact form in the category of Contacts. This time limit will be 12 hours for purchases made with Standard delivery mode and 2 hours in the case of scheduled delivery. In no case will it be possible to accept requests to change the contents of the cart. After this period the order will be processed for shipment and no changes will be accepted, without prejudice to the rights of the customer referred to in the following article 7.

Upon receipt of the order Nerius reserves the right to verify the actual availability of the products ordered; in the event that one or more products are not available, Nerius will proceed with the replacement of the product with a similar one. If preferred, the Customer can select a different option: at the Cart can opt to replace the product with a similar one, to remove the missing product from the order or – if available, this option - in order to be contacted by Nerius for the proposed alternatives. It is understood that such options are only available for certain products.

In the event of one or more missing products, Nerius will not charge the relevant price. In the event that the payment of the order has been made by bank transfer, the refund will take place in the manner described in point 5.3 of these general conditions.

 

In the case of purchase of products with variable weight (meat, fish, fruits and vegetables, bread, dairy products etc.), the measures and weight indicated on the site are indicative, Nerius does its best not to deviate from the required weight, however it may happen that there are slight variations, both in excess and in defect. For the method of debiting the actual amount of the expense, please refer to point 5.2 of these general conditions.

 

3. Product information

 

The information and characteristics related to the products are available, with the related product codes, on the site. It is understood that the information of the Products delivered may be different than those shown on the Site for reasons not attributable to Nerius (e.g. changes made by the manufacturer of the Product), therefore, you must always check the label and the information contained in the delivered Product. Nerius assumes no responsibility for the information reported on the products by the individual suppliers.

The visual representation of the products on the site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in graphics, color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet shall always be authentic.

The prices of the products are inclusive of all taxes and dutiesAll prices are expressed in euros.

 

Nerius delivers the expense only in the methods and areas specified on the site on the basis of the ZIP code entered, therefore it assumes no responsibility and does not guarantee delivery for any incorrect addresses not covered by the specific service.

4.1. Scheduled delivery in Italy:

Not currently available

 

4.2. Standard delivery in Italy:

For all other destinations in Italy not covered by the scheduled delivery service, the shipment is handled with Standard delivery methods. The delivery costs are displayed directly at the checkout (in Euros and inclusive of VAT), before the order confirmation.

4.3. Standard delivery abroad:

Only Standard delivery service is always available for shipments abroad. The delivery costs are displayed directly at the checkout (in Euros and inclusive of VAT), before the order confirmation.

 

4.4. In-store pickup
For only the cities of Modena is also available free of charge in-store pickup service.

 

4.5. Facilitation of conditions for important orders

For orders over 3000€ You can ask for an Extra fight to the email info@nerius.it


5. Payment and billing methods

5.1. Payment methods

The customer can make the payment of the price of the products and the related delivery costs by Credit Card, PayPal. In the case of orders with Standard Delivery, bank transfer is also available.

To ensure the maximum security of transactions, Nerius does not store the customer's payment data, and the transaction takes place on the secure servers of

 

·         Credit card

The circuits on which you can buy within the site are:
Visa / Visa Electron

MasterCard

American Express

The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the customer's browser. These data are under no circumstances recorded by the Nerius website.

·         paypal

Once the order is confirmed, the customer will be redirected to the PayPal website where he can make the payment using his account, a card (also prepaid) or in any case in the manner accepted by PayPal and in compliance with the relative conditions.

·         Bank transfer

Payment by bank transfer is only available for the Standard Delivery Mode and is displayed among the payment options at the checkout only in such cases. The customer must make the transfer within 3 days from the date of the order for orders related to products.

 



5.2. Authorization and capture of payment

5.2.1 authorization and capture of payment for the sale of virtual products

For the sale of virtual products that do not require shipping (courses, events, dinners, Nerius Card and/or Eatinerari) the amount spent by the customer is acquired immediately upon confirmation of the order.

5.2.2 authorization and capture of payment for the sale of physical products

For the sale of physical products - in the case of payment with Credit Card or Paypal - the confirmation of the order by the Customer will be made only a pre-authorization of the amount on the payment method chosen. The actual payment will only be the closure order and the final amount will include the cost of the goods actually shipped, net of any price changes due to replacement of, or any products with missing, most shipping costs and any ancillary services requested by the Customer. 

5.3 refunds

In the case of a refund, this will be done using the same payment method used by the customer for the order, unless the customer has expressly requested a different method. The refund will be made within 10 working days of the acceptance of the refund by Nerius.

In case of transfer, the customer will provide the bank details on which to obtain the refund (account holder, name and address of the Bank, IBAN). In this case the refund will be made within 10 working days of receiving all the information necessary for the payment of the sum.

The re-credit to the customer's account will take place in a short time, according to the timing provided by the selected payment method or by the bank.

5.4 invoicing of orders

If the customer wishes, it will be possible to request the issue of the invoice by selecting the appropriate box during the order procedure and entering the billing data including tax code and / or VAT number, any company name and SDI recipient code. In this case the invoice will be automatically sent to the customer's tax drawer, according to the law. The customer is responsible for the correct entry of the billing data and is expressly informed that, in case of non-request of the invoice during the order, it will not be possible to request it later.


6. Transport and delivery

The products purchased on the site are delivered to the address indicated by the customer during the purchase procedure in the appropriate field "shipping data".

Standard delivery is carried out from Monday to Friday.

Nerius is not responsible for unforeseen delays or are not attributable to it or for any damages, losses, costs, incorrect and/or non-delivery of the Products caused by force majeure or unforeseeable circumstances (e.g. natural disasters, adverse weather conditions, strikes, accidents etc.)

 

6.1 standard delivery - active services in Italy:

The service involves 2 delivery attempts at the address indicated at the time of the order. After each step a notice will be left. At the second delivery attempt failed, or in the case of incorrect address details, The Courier will contact the recipient by phone at the telephone number indicated during the order, to agree on delivery. If this is not traceable or is absent, or it is not possible to proceed with the payment, the goods will return to the warehouse and the customer will be charged the costs of delivery of the products. In no case is the refund of the price charged for products no longer alienable to third parties (e.g. fresh or easily deteriorated products such as meat, cheese, bread, fish products, cold cuts, fruits and vegetables, gastronomy products etc.or personalized products) nor the refund of the shipping cost.

.

 

6.2 standard delivery-services active abroad:

If the customer wants to send the goods abroad, it is necessary to change the country of shipment through the country icon available on the site in the upper right section of the screen. Shipments abroad may take place with different couriers depending on the country of destination.

The customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, without prejudice to the cases of exclusion provided for in point IV below. To exercise this right, the customer must send Nerius a communication within 14 days from the date of receipt of the products.

This communication must be sent by registered letter to:

Via della chiesa 4
41042 Fiorano Modenese
Modena
Italy

 

Nerius customer service will, once the communication has been received, open a practice for the management of the return and communicate to the customer the instructions on how to return the products, which will take place through the Courier indicated by Nerius itself.

The right of withdrawal is governed by the following conditions:

I. the right applies to the product purchased in its entirety; therefore, if the product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the product purchased.

II. In the case of the exercise of the right of withdrawal, Nerius shall refund to the customer the whole amount of the goods, including shipping costs where possible, within 14 days from the date of receipt of the notice of withdrawal, subject to the right of Nerius to suspend the payment of the refund until the actual receipt of the goods. The refund will take place in the manner described in point 5.3 of these general conditions.

III. Also in order to be able to guarantee the free return within the meaning of the following article 8, the products must be returned in the same box in which they were received.

IV. In addition to the cases indicated in the premise (non-consumer customer and/or requiring the invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 d.lgs 21/2014:

- order customized or clearly customized packaged products;

- order products that are likely to deteriorate or expire quickly;

- order of sealed products that are not suitable for return for hygienic or health protection reasons or that have been opened after delivery.

With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that, these are all the food (including wine, spirits and beverages), because the characteristics and qualities of these types of Products are subject to alteration as a result of a conservation not appropriate. Therefore, for reasons of Hygiene and customer protection, the right of withdrawal is applicable only for products purchased on the site that can be returned to Nerius and put back on the market without danger to the health of consumers (such as books, gadgets, kitchen utensils, etc.).

In cases of exclusion of the right of withdrawal, Nerius will return to the customer the products purchased and returned by the customer, charging the same the costs of return, or dispose of them where necessary.


8. Shipping in case of exercise of the right of withdrawal

In case of exercise of the right of withdrawal - Nerius will not bear the shipping costs for the return of the products.


9. Cancellation, postponement or change shipping address of the order

The customer may cancel, postpone or request the change of shipping address of the order within a limited period of time from the conclusion of the order itself; in the case of Standard delivery this limit is 12 hours. After this period, the order will be processed and it will no longer be possible to request cancellation or change of shipping address.

The customer must contact the customer service directly from the site using the appropriate contact form accessible in the dedicated contact area.

Nerius reserves the right to cancel the order in case of unforeseen difficulties, informing the customer by email, or, by agreement with the same, change the day and/or time of delivery.


10. Warranty and conformity defects

In case of lack of conformity of products sold by Nerius, the customer must immediately contact the customer service using the appropriate contact form accessible on the site through”contacts” in the footer. The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the products. The customer has the right, at his choice and provided that the type of product allows it, to restore, without charge, the conformity of the product by repair or replacement, or to an adequate reduction in price or termination of the contract.

In the event of a wine that is defective or tastes like a cork, the customer is required to keep the bottle with at least 2/3 of the contents and with its original cork and to report the alleged non-conformity to the customer service.

 

The Customer forfeits these rights complaint unless Nerius of the lack of conformity within two months from the date on which he discovered the defect, provided that this is not a Product that by its nature is perishable or subject to expiration in a shorter period, in which case the defect must be reported within that time reduced.
The legal warranty covers all products that present a lack of conformity existing at the time of delivery and that manifests itself within 24 months from the date of purchase (valid as proof of purchase receipt). 

11. Errors and limitations of liability

The product information provided through the site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Nerius cannot therefore be held responsible, except in the case of wilful misconduct or gross negligence.

Nerius reserves the right to correct any errors, inaccuracies or omissions, including after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer pursuant to these General Conditions and the Consumer Code.

Except for wilful misconduct or gross negligence, it is excluded any right of the Customer to compensation of damages or the recognition of compensation, as well as any contract or tort liability for direct or indirect damages to persons and/or things caused by non-acceptance or fulfillment, even partial, of an order.

Nerius promotes the responsible consumption of alcohol and excludes any liability at its own expense, except wilful intent or gross negligence, in the case of purchase made by persons under 18 years of age. By purchasing any alcoholic product you declare to be of legal age as per art. 7 of DL 158/2012. Nerius assumes no responsibility for purchases made by persons under the age of 18 who have stated that they are of a different age.


12. Claim

Any complaint must be forwarded to Nerius using the appropriate contact form accessible directly on the site through the link " contacts”

 

Nerius will process the customer's personal data in full compliance with the applicable legislation and in accordance with its privacy policy [link] that the customer declares to have read and to accept in full.

 

14. Applicable law and jurisdiction

The sales contract between the customer and Nerius is concluded in Italy and governed by Italian law. For the resolution of disputes concerning the interpretation, execution or termination of these terms and Conditions or of individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, will be submitted to the exclusive jurisdiction of the courts of your place of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the court of Modena, any other competent court excluded.

15. Compensation

You agree to indemnify, defend, and hold harmless Nerius and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or request, including reasonable attorney's fees, made by any third party due to or arising from your breach of these Terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third party .

 

16. Separability

In the event that any provision of these Terms of service is held to be unlawful, void or unenforceable, such provision will still be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

o    Extra-judicial conciliation

Pursuant to Article 49 paragraph 1 letter V of Legislative Decree No. 6 September 2005 n. 206 (Consumer Code), the Registered User can use the procedure of joint Conciliation (the “Joint conciliation”).

The procedure may be initiated if the Registered User after submitting a complaint to Nerius, within 30 days has not received a response or has received a response not deemed satisfactory by him.

Pursuant to Article 14 of EU Regulation No. 524/2013, the Registered User can also use the” ODR platform " (Online Dispute Regulation), accessible at the following web address: https://webgate.ec.europa.eu/odr

 

***

Pursuant to Article 1341 CC, the customer declares that he has read and specifically accepts the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors - exclusions of liability).