General conditions of sale and delivery

General conditions of sale

‘Memories of Italy’ is an e-commerce website (hereinafter called ‘website’) and belongs to Shiina+Nardi Design s.n.c., with registered office in Via Novi, 2 – 20144 - Milan – MI (Italy), VAT registration no. and tax code IT08932710968.

These General Conditions of Sale, governing on-line purchasing of products sold by the website and deemed to be an integral part of the transaction, are reserved for website Users declaring that they are of adult age under the Italian Law and intend to resort to such a service (End Customers). These General Conditions of Sale are governed by Legislative Decree dated 6 September 2005 no. 206 (Consumer Code). Shiina+Nardi Design s.n.c. complies with its obligations under Legislative Decree dated 9 April 2003 no. 70 (Execution of Directive 2000/31/EC regarding aspects of information society services on the domestic market, with special reference to e-commerce). The sale of products through this website is intended solely for the Users’ personal use, to the exclusion of any professional purposes. All texts, images and design deriving from the products and from images of the products featured on this website are protected under Law 633/1941 and under Legislative Decree 30/2005. Their (even partial) use is prohibited.

Contract conclusions and acceptance of general conditions of sale

By filling in and submitting the purchase order form according to the following guidelines the Customer shall be deemed to acknowledge and accept these General Conditions of Sale. ‘Memories of Italy’ shall send Customer an order confirmation by e-mail within 3 working days from the receipt of the purchase order form following the conclusion of the check-out process: the contract shall be deemed accepted only after this communication has been sent. Non-receipt of this order confirmation within the time limit indicated above shall constitute the order’s cancellation. Customer shall not be entitled to any award of damages or indemnity, nor shall Shiina+Nardi Design s.n.c. be held liable, in contract and in tort, for the even partial non-acceptance of the order. By submitting an order to ‘Memories of Italy’, Customer acknowledges and declares that s/he has read all information provided during the purchase procedure, and integrally accepts the General Conditions of Sale regarding delivery, payment, transportation and shipment expenses. Pursuant to art. 13 of Legislative Decree 70/2003, Customer will receive via e-mail the information needed to identify the Vendor (as indicated in the sales contract), and a summary of the purchase order submitted, as specified below. Customer must keep this documentation. Once the on-line purchasing procedure is completed, Customer shall print and keep these “General Conditions of Sale”, to which Customer shall make no changes, having already seen and accepted them as a mandatory step in the purchasing procedure; Customer shall also print and keep the purchased products’ specifications, pursuant to the conditions set forth in art. 52 and 53 of Legislative Decree 206/05. Conditions of sale may be changed at any time by Shiina+Nardi Design s.n.c. (Vendor), holding firm – as far as this contract is concerned – those published in the e-commerce area at the date of the Purchase Order submitted by Customer; as per the Laws in force, the latter will be exclusively liable for the use of this end-user-reserved area, particularly as regards the communication of incorrect or false information, or of third-party data, without express consent of interested parties; or for purchases made for non-personal purposes. The buyer is expressly prohibited from entering false or invented data during the registration procedure provided for processing orders, and is likewise expressly prohibited from making double registrations for a single person, or entering third-party data. In the interest and for the protection of all consumers, Shiina+Nardi Design s.n.c. reserves the right to take legal action against any breach or violation. By submitting an order Customer acknowledges and accepts the processing of their data within the limits set forth by the Data Protection Act and by the ‘Memories of Italy’ Privacy Policy. Data collected and registered on this website shall constitute full evidence of transactions concluded between Customer and Shiina+Nardi Design s.n.c. Should any dispute arise between Customer and Shiina+Nardi Design s.n.c. with regard to a transaction carried out on this website, the data registered by Shiina+Nardi Design s.n.c. will constitute full evidence of that transaction and of its content.

Guarantees

All products sold by ‘Memories of Italy’, e-commerce by Shiina+Nardi Design s.n.c  are covered by statutory guarantee for non-compliance faults, as per articles 128-135 of Legislative Decree no. 206/2005, to be reported within 10 days of their discovery. In order to benefit from assistance under this guarantee, Customer must keep the documentation accompanying goods on delivery. Non-substantial variations in form, size, colour – inevitable, typical and indicative of hand-crafted products – shall not be considered a fault or non-compliance.

Right of withdrawal

Customer right of withdrawal is subject to the following terms (Art. 64 of D.Lgs. n 206/2005): private Customer may exercise this right as per the applicable Laws. To do so, Customer must send an e-mail to ‘Memories of Italy’, to the info@memoriesofitaly.it, within 10 working days from the goods’ delivery date. The word “RETURN” must be indicated in the subject field, and the text must include the purchase order number shown in the order confirmation e-mail and in the invoice accompanying the goods. The only costs charged to Customer will be those covering the products’ return to sender. Products must be returned in pristine conditions (free from signs of use, abrasion, laceration, scratching, deformation, etc.), complete with all their parts and accessories, on pain of the return being refused. Goods must be shipped by insured parcel, post-paid; parcels shipped COD or post-unpaid will not be accepted by Shiina+Nardi Design s.n.c. Returns will be accepted within 10 working days from date of withdrawal communication. After accepting the returned good and verifying its pristine conditions,  Shiina+Nardi Design s.n.c. will arrange the reimbursement, sending Customer an e-mail confirmation.

Purchasing instructions

Customer may buy products only as featured in the on-line catalogue and described in product information sheets at the time of submitting the order. Users may consult the pages of this website with no obligation. When wishing to enter a purchase order, Users must choose the products they are interested in and add them to their cart. Each new product entered will be shown in a dedicated window. Users will be able to check the products chosen and to modify their order at any time by clicking on the “bag” icon; or resume their product selection and purchase; or conclude the selection and complete the order check-out procedure. To order selected products, Users must click on their bag icon. Their order will show up on the screen.

Price

Pursuant to the Laws in force in Italy at the time of delivery, prices for Italy and for EU countries are shown in EURO, inclusive of VAT. For non-EU countries the same prices will apply, net of import duty and/or taxes. Note that prices do not include delivery costs, which are indicated separately.

Orders for non-EU Countries may be subject to import duty and/or taxes, payable once the product reaches the country of destination. For further information regarding customs policies of countries of destination, please contact the local Customs Office. Shiina+Nardi Design s.n.c. is not responsible for customs duties and/or taxes: these are always at the Customer’s expense, and are neither calculated not included in any amounts payable to Shiina+Nardi Design s.n.c. by the Customer. Shiina+Nardi Design s.n.c. reserves the right to modify the prices published on this website, at any time, without notice. Products will be sold at the price shown on the website at the time of submitting the order, irrespective of foregoing offers or of subsequent price variations, with the exclusion of any transcription errors. In the presence of an error in an item’s price, Customer will be contacted as soon as possible and granted the choice of confirming the order at the correct price or cancelling. Should Shiina+Nardi Design s.n.c. be unable to contact Customer, the order will be cancelled due to price error.

Delivery timetable

The average time for receiving ordered products is approx. 30 working days from the date of order confirmation. Should Shiina+Nardi Design s.n.c. be unable to deliver ordered goods due to technical-productive non-availability, Shiina+Nardi Design s.n.c. will promptly notify Customer by e-mail. Therefore, Customer shall choose to change the object or to cancel the order within a week after the communication. Any amount already paid by Customer will be refunded as soon as possible, and in any case not later than thirty days after receipt of the purchase order. Time required for deliveries abroad vary, depending on country of destination. Shiina+Nardi Design s.n.c. shall not be held liable for delivery delay or failure caused by force majeure or act of God.

Deliveries

‘Memories of Italy’ products are delivered by (national or international) overnight courier service to the delivery address indicated by Customer. Delivery of the goods requires Customer or other designated person’s presence at the address indicated in the order. Liability for lost and/or damaged products will lie with Customer from the moment the product is handed to the overnight courier (or carrier) for shipment. Shiina+Nardi Design s.n.c. shall not be held responsible for any loss or damage occurring after this moment. Shiina+Nardi Design s.n.c. declines any responsibility in case of loss, theft, partial or total destruction of uninsured or inadequately insured goods. Upon delivery of the goods by the carrier, Customer must check: that the number of parcels delivered corresponds to that indicated on the transport document (DDT); that packaging, including sealing material, is intact, undamaged, dry, and has not been tampered with in any way. Any anomalies detected must be reported immediately, and the wording “subject to inspection” must be entered in writing in the Goods Received Note handed over by the courier. Once the courier’s document is signed, Customer will no longer be entitled to raise any objections regarding external characteristics of delivered goods. Customer must keep this receipt and contact our Customer Service in case of need. Any complaints must be submitted to Memories of Italy Customer Service either by telephone: tel. no. +39 338 8249151 or by e-mail: info@memoriesofitaly.it .

Shipping rates

Italy and Europe

This section specifies the shipping options available in Italy, Europe (Euro zone) and Worldwide for items sold and shipped by ‘Memories of Italy'.

The shipping rates in Italy correspond to 10 Euro. In Europe, 15 Euro from 0.5kg to 1.5kg, 20€ from 1.5kg to 3kg, 27€ from 3kg to 5kg. In Canada and USA, 25€ from 0.5kg to 1.5kg, 30€ from 1.5 to 3kg, 38€ from 3kg to 5kg. In Asia 38€ from 0.5 to 1.5kg, 40€ from 1.5kg to 3kg, 50€ from 3kg to 5kg. The shipping costs will be calculated at the checkout moment, according to the articles in the cart. We inform the Customer that the courier will deliver to floor-level. If Customer places the order, but can’t select or view a particular shipping option, it means that that option is not available for his/her address or his/her item because it fails to meet certain criteria such as size, category, product availability. The system will identify automatically the shipping option available during the order process. Customers out of EU are responsible for all international duties upon arrival. Please check your local government agency for these costs.

Payment methods

‘Memories of Italy' accepts payments via PayPal.

Purchased goods will be charged once the order has been processed, i.e. at the end of the checkout process, when the order confirmation has been e-mailed by ‘Memories of Italy’. Customers who choose PayPal as their payment method will be redirected to a page of the PayPal website where they will enter their email address and password and make the payment. For purchases with payment “via credit card through PayPal”, upon the conclusion of the online transaction the credit-card issuing company will authorise solely the disbursement of the purchase amount. Customers can pay in this manner either from an existing PayPal account or by creating a new one, or even without creating any account. The Customer’s financial data will not be shared with Shiina+Nardi Design s.n.c., but will be handled directly by PayPal. In case of cancellation or of non-acceptance of the order by ‘Memories of Italy’, the amount will be refunded via PayPal. Goods delivered, even partially, will actually be charged to Customer’s credit card once the order has been processed. Shiina+Nardi Design s.n.c. will not acquire any credit card information, nor will it use an archive for recording such data. Shiina+Nardi Design s.n.c. will not file this information in electronic form. In no case whatsoever shall Shiina+Nardi Design s.n.c. be held responsible for the fraudulent or improper use of the credit card by third parties upon payment of products purchased from this website. In case of order cancellation,  Shiina+Nardi Design s.n.c. will request the concurrent cancellation of the authorisation granted , and the release of the allocated amount. Release times depend exclusively on the banking system and the credit cards used. Once the authorisation is cancelled, in no event shall Shiina+Nardi Design s.n.c. be held liable for any damages, whether direct or indirect, caused by delay in the release of the amount allocated by the banking system. Shiine+Nardi Design s.n.c. reserves the right, in particular cases, to ask Customer for further information or for copies of documents proving credit card ownership. Should Customer fail to provide such information and/or documentation, Shiina+Nardi Design s..n.c. reserves the right not to accept the contract, irrespective of its e-mail order confirmation.

Product information

Products that ‘Memories of Italy’ offers for sale are the ones shown on the site, on the date the users of the Web Site surf it, within the limits of availability. Photographs representing the products are not part of this commercial agreement; therefore Shiina+Nardi Design s.n.c. can not be held responsible for any errors and / or discrepancies. As a result, Shiina+Nardi Design s.n.c. can not be held responsible for errors and / or inaccuracies in the graphics and photographics reproduction of products on its site, as :

– There be may differences due to the resolution representation of the product and the type of the computer screen of the customer;

– Each product is a handmade creation, and as such a unique piece, so each product will bring non-substantial changes in the shape, size, color than those shown on screen .

Receipt and order confirmation

The correct order will be confirmed by ‘Memories of Italy' by an email sent to the email address notified by the Customer upon ordering. The email confirmation of receipt of the reports: the identification number, the date and time of the order, an indication of the products purchased, their price, the delivery cost, the information provided by the customer about billing and delivery. The Customer shall immediately verify the content of the communication and report immediately to ‘Memories of Italy’ any errors or lack of informations by contacting ‘Memories of Italy’ Customer Service by telephone to the following number: +39 338 8249151, or by email to: info@memoriesofitaly.it .

Customer care

Complaints

Customer complaints must be submitted to ‘Memories of Italy’ Customer Service by telephone to the following number: +39 338 8249151 or by email to: info@memoriesofitaly.it. Shiina+Nardi Design s.n.c. will not be held liable for any damages, losses or costs incurred by Customer as a result of non-execution of contract, Customer being entitled solely to the integral reimbursement of the price paid and of any accessory costs sustained.

Limitations of liability

Shiina+Nardi Design s.n.c. shall in no case be held liable for careless, unsuitable or inappropriate use of the products sold. Shiina+Nardi Design s.n.c. shall not be held liable for actions by third parties who, acting as independent partners, are involved in payment management and settlement activities, in the goods’ delivery, or in any other operation associated with the execution of contracts concluded via ‘Memories of Italy’. In no case whatsoever shall Shiina+Nardi Design s.n.c be held responsible for fraudulent or improper credit-card use by third parties upon payment of products purchased from this website. At no time during the purchase procedure shall Shiina+Nardi Design s.n.c. acquire the buyer’s credit-card data, as these will be transmitted directly to the receiving bank service via a payment gateway.

Force majeure

Neither party will be held liable for the non-performance (in whole or in part) or for any delay in the performance of their obligations under this contract resulting from an event beyond their control (force majeure). Force majeure events include, but are not limited to: wars, riots, insurrections, serious internet security disturbance, technical failures, unauthorised web-server access and/or intrusion, strikes of any kind, internet or telephone service disruption. If one party believes that a force majeure event has occurred, it must inform the other party within 5 working days from the event’s occurrence or from the risk of such an event occurring. The parties agree to meet in order to determine jointly the terms and conditions for processing orders during a force majeure event. After an interruption of one (1) month due to a force majeure event, Shiina+Nardi Design s.n.c. shall be entitled to decide whether to cancel orders and, where due, to reimburse Customer.

Applicable law and jurisdiction

The sale contract between Customer and Shiina+Nardi Design s.n.c. shall be governed by the Italian Law. Any civil disputes regarding sales contracts concluded through this website between Customer (intended as a private consumer) and Shiina+Nardi Design s.n.c., shall be subject to the unchallengeable jurisdiction of the Court located in the town of residence or domicile of the Customer, wherever s/he may live on the Italian territory. All other cases shall fall within the unchallengeable jurisdiction of the Court of Milan.