Conditions d’utilisation

Art. 1 PREAMBLE

1.1 These general conditions of sale apply to all purchases of "Puebco" branded products (hereinafter "Products") made through the e-commerce site www.puebco.it (hereinafter the "Site") by users classified as "consumers" pursuant to Article 2, namely physical persons acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.

1.2 The site, owned by Novità Import S.r.l., an Italian company with registered office at Via Fratelli Cervi, 57, 50013 Campi Bisenzio (FI), VAT and Business Register registration number IT01652060979 - REA FI456676 (the "Owner"), is managed by Glint Company S.r.l. with registered office in Via Cassala 30 Milan, Italy, tax code and VAT number 11198260967 at the Milan Business Register 02912880966 ("Glint").

1.3 Purchases of Products made through the Site will involve as parties (collectively referred to as the "Parties") Novità Import s.r.l., as the seller (the "Seller"), and the purchasing consumer who proceeds with the purchase of one or more products for purposes not related to their commercial, entrepreneurial, artisanal, or professional activity.

1.4 Novità Import remains the owner of all rights to the site's domain name, logos, registered trademarks for the products presented on the site, and the owner of the copyright in relation to the Site and its contents.

1.5 Every communication from the Consumer regarding the purchase of the Products - including any reports, complaints, requests regarding the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Manager (Glint) at the address and in the manner indicated on the Site.

1.6 Every purchase is subject to these general conditions of sale in the version published on the Site at the time the order is transmitted by the consumer.

1.7 The site is intended for the exclusive use of consumers. In no case may subjects who do not qualify as such purchase products on the Site. The seller shall have the right to refuse orders which, in its sole discretion, it believes were placed by subjects not classified as consumers.

1.8 Should one or more sales be made to a non-qualified Consumer, these general conditions of sale shall apply, but by way of derogation:

a) the buyer shall not have the right of withdrawal pursuant to article 10;

b) the buyer shall not be entitled to the product warranties listed in article 8 or any other legal warranty;

c) the buyer shall not be granted other consumer protections provided by law.

Art. 2 DEFINITIONS

2.1 Electronic commerce contract: a sales or service contract under which the Seller, or its intermediary, offers goods or services through a website or other electronic means, and the Buyer (consumer) places the order for such goods or services on said website or through other electronic means organized by the Seller.

2.2 Sales contract: Any contract under which the Seller transfers, or undertakes to transfer, the ownership of goods to the Buyer and the latter pays, or undertakes to pay, the price.

2.3 Service contract: Any contract, other than a sales contract, under which the Seller provides, or undertakes to provide, a service to the Buyer and the latter pays, or undertakes to pay, the price.

2.4 Consumer Code: The reference legislation for consumer protection, dictated by Legislative Decree 6 September 2005, n. 206, as last amended (hereinafter, for brevity, the "Consumer Code").

2.5 Buyer: The expression Buyer refers to the consumer or user, a physical person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out (art. 3, letter a, Consumer Code).

2.6 Seller: The expression Seller refers to the physical or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or their intermediary (art. 3, letter c, Consumer Code).

2.7 Producer: The manufacturer of the finished good or a component thereof (art. 115, paragraph 2-bis, Consumer Code).

2.8 Conformity to the Contract: All goods are in Conformity with the Contract for which the following circumstances coexist, where relevant: i) they are fit for the use for which goods of the same type are normally used; ii) they comply with the description provided and possess the qualities of the good presented as a sample or model; iii) they present the habitual quality and performance of a good of the same type, which the Buyer can reasonably expect, taking into account the nature of the good and, where applicable, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, in particular in advertising or on labeling; iv) they are also suitable for the particular use intended by the Buyer and brought to the knowledge of the Seller at the time of conclusion of the Contract and which the Seller itself has accepted even by conclusive facts (art. 129, paragraph 2, Consumer Code).

2.9 Defective good: A good is defective when it does not offer the safety that can legitimately be expected taking into account all circumstances, including: a) the way in which the good was put into circulation, its presentation, its obvious characteristics, the instructions and warnings provided; b) the use to which the good can reasonably be intended and the behaviors that can reasonably be expected in relation to it; c) the time in which the good was put into circulation. A good cannot be considered defective for the sole fact that a further improvement has been put on the market at any time.

Art. 3 SALE OF GOODS PROMOTED ONLINE

3.1 With the Contract, the Seller sells to the Buyer, who purchases via telematic tools, the goods offered on the Site.

3.2 The Site www.puebco.it presents the catalog of goods and/or services promoted online by the Seller. These goods are represented on the Site accurately.

3.3 The Seller is unable to guarantee a precise and exact correspondence between the real consistency of the goods promoted online and the relative representation on the Buyer's monitor. In case of discrepancies between the image of the goods visible online and the relative information sheet, drafted in writing, only the latter shall prevail.

Art. 4 UPDATING THE ONLINE CATALOG - AVAILABILITY OF GOODS

4.1 The Seller ensures, through its information system, the processing and fulfillment of the order without delay, according to the procedures referred to in Art. 5 of these General Conditions of Online Sale. The Seller's electronic catalog indicates in real-time the available and unavailable goods, as well as the expected times for their shipment. The Seller confirms the registration of the order as soon as possible, forwarding the specific confirmation (so-called Order Receipt) to the Buyer by e-mail.

4.2 Should an order exceed warehouse availability, or be unavailable for other reasons, it is the Seller's responsibility to promptly communicate to the Buyer the unavailability of the good in question and, if possible, the waiting times to obtain it, asking for confirmation of the order again according to the different timings indicated by the Seller. This communication will take place via e-mail or telephone.

Art. 5 DESCRIPTION OF THE TECHNICAL STEPS NECESSARY TO CONCLUDE THE CONTRACT

5.1 The contract between seller and buyer will be concluded exclusively online. After accessing the e-Shop, the Buyer must follow the procedures/instructions indicated therein to formalize the purchase of goods and/or services by filling in the formats prepared by the Seller. If intending to purchase online, the Buyer must duly select the desired goods and/or services, one at a time, inserting them into the cart configured by the Seller. Once the desired goods and/or services have been selected, the Buyer will be asked to close their cart by forwarding the list of desired references to the Seller. Before forwarding, a form will be displayed to confirm the purchase order for the selected goods and/or services, with an indication of the relative prices, as well as the options granted to the Buyer, who will be responsible for identifying the delivery, transport, and payment methods for the execution of the contract. Through order confirmation, the Buyer undertakes to check and validate, before its submission, their personal data, the goods/services covered by the Contract, their prices, with any shipping costs and/or ancillary charges, confirming the chosen payment methods and terms, the delivery address, and any other requested data. The order confirmation format preliminarily instructs the Buyer about the execution times of the Contract, drawing attention to the right of withdrawal, as well as the other faculties reserved by law to the Buyer. Once the requested checks have been carried out, it will finally be up to the Buyer to select the interactive button - present at the bottom of the web page - by clicking on the box "Confirm the purchase order with obligation to pay", thus forwarding the order to the Seller.

5.2 The online publication of goods and/or services via the Site constitutes a simple invitation to offer so that the Buyer can formulate their purchase proposal; in this sense, the Buyer's order, previously confirmed by them, constitutes exclusively a contractual proposal, subject to these General Conditions of Online Sale, which the Buyer declares to know and accept. The order confirmation - promptly completed and verified as per instructions - will be acknowledged by the Seller with a receipt to the Buyer's e-mail address for the sole purpose of confirming its receipt in the Seller's computer system, which will thus begin to process the order, verifying the data provided by the Buyer, such as the availability of what was requested. The Seller's receipt does not constitute acceptance of the purchase proposal. This receipt - with the attached "Order Number" to be used in every communication with the Seller - reiterates, in addition to the information required by law, all the data mentioned above, which the Buyer will verify again, promptly communicating any eventual corrections to the Seller. Should an inaccurate indication of prices, or other characteristics of the goods and/or services promoted online be found, as well as the unavailability of the requested goods, the Seller will give prompt communication to the Buyer inviting them to perform - if still interested - a rectification of the order, or upon cancellation of the previous one, a new order, according to the methods that will be promptly communicated.

5.3 The Seller has the right to accept, or not, the order sent by the Buyer, without the latter being able to advance rights and/or claims of any kind, for any reason, including compensation, for the non-acceptance of the order itself. The Contract will be concluded only at the moment in which a separate e-mail (or message in the communication center on the Site or equivalent) of acceptance of the purchase proposal is forwarded, which will also contain the information relative to the shipment and the date expected for delivery (Shipping Confirmation). Should the order be fulfilled with different shipments, the Buyer may receive separate and distinct Shipping Confirmations. The Buyer may, however, cancel their order before having received the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case, no cost will be charged. The right of withdrawal remains unaffected under the terms and conditions referred to in the following Art. 10.

5.4 The charging of what is due will occur only at the moment in which the goods covered by the order are shipped. Once payment for the requested goods/services is received, the Seller will proceed to issue the relative tax document.

5.5 The Contract will not be concluded, remaining devoid of any effect, should the procedure referred to in this article not be punctually respected.

5.6 For any eventual error, typo, or problem in filling in the online formats and, more generally, in the execution of the purchase procedures prepared by the Seller, the Buyer is invited to contact, without delay, the following telephone/email addresses: 055 896 9219 / shop@novitahome.it.

 

Art. 6 PAYMENT OF THE PRICE, TAXES AND ANY ANCILLARY CHARGES

6.1 The Buyer undertakes to pay the price requested for the goods purchased online, according to the times and methods indicated on the Site.

6.2 The prices of the goods promoted through the Site, as well as any other charge/expense inherent to the invitation to offer, are expressed in Euro.

6.3 The indicated prices are inclusive of VAT and every other tax. Any costs connected to customs duties and relative taxes are borne by the Buyer.

Art. 7 MODALITIES, TIMING AND SECURITY OF PAYMENTS AND ANY REFUNDS

7.1 The payment for goods/services purchased online will take place according to the method chosen by the Buyer, among those expressly permitted by the Seller and punctually specified in the section of the Site www.puebco.it. The use of the cited payment methods does not involve any additional charge for the Buyer, except for any costs borne by the Seller, punctually proven and communicated to the Buyer.

7.2 Any eventual refund to the Buyer will be credited through one of the methods proposed by the Seller and chosen by the Buyer, and, in case of withdrawal, within a maximum of 30 days from when the Seller has received formal communication of the withdrawal itself. The Seller may, however, postpone the refund until receipt of the good, or, in any case, until the Buyer has provided adequate proof of having sent it back.

7.3 All communications relating to payments occur on a special encrypted line, which guarantees the storage of such information with a high level of security and in compliance with current legislation on the protection of personal data.

Art. 8 DELIVERY METHODS AND TIMES

8.1 The Seller provides for the delivery of the ordered goods, without unjustified delay, at the latest, within 30 days from the date of conclusion of the Contract, with the methods indicated on the website, or, alternatively, chosen by the Buyer.

8.2 Should the Seller be unable to make the shipment within the term referred to in the previous paragraph, they will give timely notice to the Buyer via e-mail, or by telephone, at the addresses provided during the online registration phase and submission of the order by the Buyer.

8.3 Unless otherwise indicated in writing, the delivery of the Products is intended exclusively at street level (scaffolding or property limit), near the house number indicated in the order. The carrier is not authorized, nor required, to perform unloading inside private property or to the floors of the building.

8.4 Service of Delivery to the Floor (Optional): Delivery to the floor is an ancillary service, not included in the standard shipping rate. Should the Customer require such performance, they are required to request the quotation and feasibility check before the fulfillment of the order. The activation of the service is subject to a tariff supplement, calculated on the basis of the following parameters:

• Number of the floor and type of access;
• Availability of a lift or freight elevator suitable for capacity and dimensions;
• Volumetric characteristics and weight of the packages;
• Accessibility of the property (e.g. ZTL zones, historical centers, construction site areas).

8.5 Communication Obligations and Customer Responsibility: The Customer has the burden of reporting, during the checkout phase or promptly via e-mail, any logistical impediments or limitations (narrow stairs, transit bans, pedestrian zones, etc.). The failure to communicate such details releases the Seller from any responsibility for missed or delayed delivery. In such case, any costs of storage, redelivery, or return of the goods to our warehouses will be entirely borne by the Customer.

Art. 9 STORAGE/ARCHIVING METHODS OF CONTRACTUAL DOCUMENTS

9.1 Pursuant to art. 12 of Legislative Decree 70/2003, as well as arts. 50-51 of the Consumer Code, the Buyer is informed that every order sent online will be stored and archived in digital and/or paper format at the Seller, according to adequate criteria of confidentiality and security. For any eventual copies or other requests in this regard, the Buyer is invited to contact the Seller at the following address: shop@novitahome.it.

Art. 10 TERMS AND MODALITIES FOR EXERCISING THE RIGHT OF WITHDRAWAL

10.1 The Buyer has the right to withdraw from the Contract, without penalty and without specifying the reason, within the term of 14 calendar days, starting from the day on which the Buyer has acquired physical possession of the good.

10.2 The right of withdrawal is exercised by communication to the Seller by means of Registered Mail with Return Receipt (Raccomandata A/R), at the address Via Fratelli Cervi, 57, 50013 Campi Bisenzio (FI), or, finally, via Certified Electronic Mail (PEC) at the following e-mail address: novitaimport@legalmail.it.

10.3 The return of the good by the Buyer must occur without delay and, in any case, within 14 days from the date of sending the communication of withdrawal to the Seller. Only the direct costs of returning the good to the Seller are due from the Buyer. The adoption of every possible caution in proceeding with the shipment is requested, using the original wraps and packaging of the good, or in any case equivalent ones, which preserve its integrity and protect it adequately during transport. The return of the good following the exercise of the right of withdrawal must be made to the following address: Via Fratelli Cervi, 57, 50013 Campi Bisenzio (FI).

10.4 The Seller will perform the refund of the price of the good for which the rethink was exercised within 14 days from receipt of the communication of withdrawal by the Buyer. Generally, the Seller will use the same means of payment chosen by the Buyer for the initial transaction, unless the Buyer has arranged otherwise; in such case, every eventual additional cost deriving from the different chosen means of payment will be at the exclusive expense of the Buyer. It will be the Seller's faculty to withhold the refund until receipt of the good, or, until the Buyer has provided proof of having returned it.

10.5 Should the returned good be damaged, or show signs of wear connected to uses not strictly necessary, the Seller will withhold from the refund an amount corresponding to the decrease in the relative value. Therefore, in the event that the returned good is damaged (by way of example only due to the presence of abrasions, nicks, scratches, or other deformations, etc.), or not complete with every element or its accessory (including labels, tags, etc.), not accompanied by instructions/notes/manuals attached, original packaging and/or wraps (or, in any case, adequate), or by the relative warranty certificates (where present), the Buyer will answer for the patrimonial decrease of the value of the good, with the right to a refund for an amount equal to the residual value of the good itself.

10.6 Once the Seller has received the communication with which the Buyer manifests their will to exercise the right of withdrawal, every bond connected to the Contract will cease, except for what is provided by this Article.

Art. 11 WARRANTY OF CONFORMITY, COMPLAINT AND ACTIVATION OF PROTECTIONS; ANY OTHER WARRANTIES

11.1 Conformity of the goods to the Contract is guaranteed to the Buyer within the biennial term (2 years) from their delivery. Unless proven otherwise, any lack of conformity that manifests within 6 months from the delivery date of the good is presumed to have already existed on that date, unless this is incompatible with the nature of the good or with the lack of conformity in question.

11.2 In the absence of Conformity of the goods to the Contract, the Buyer may ask, alternatively and without expense, for the repair or replacement of the purchased good, or, a reduction in price, or the resolution of the Contract, unless the request is objectively impossible to satisfy, or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, Consumer Code. Should repair and replacement be impossible or excessively burdensome, or the Seller has not provided for the repair or replacement of the good within the agreed terms or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may ask, at their choice, for a reduction in price or the resolution of the Contract.

11.3 The Buyer forfeits every right connected to the Conformity of the goods to the Contract should they not report the complained lack of conformity to the Seller within 2 months from the date of its discovery. The aforementioned term does not apply if the Seller has expressly recognized the defect or has consciously hidden it. In any case, the complaint must specify the lack of conformity found, as well as at least one photograph of the good in question, all accompanied by the Seller's tax receipt proving the purchase.

11.4 The Buyer must send the complaint, and relative requests, alternatively to one of the following addresses: i) Via Fratelli Cervi, 57, 50013 Campi Bisenzio (FI), for communications via Registered Mail (A/R); ii) or, via PEC, to the following certified mailbox: novitaimport@legalmail.it, or via ordinary mail to the address shop@novitahome.it. Having received the complaint/request and relative documentation, the Seller will evaluate the lack of conformity reported by the Buyer and, after having carried out the due checks, will authorize, or not, the return of the good by providing the Buyer with a "Return Code", sent via e-mail to the address provided during the order transmission phase. The authorization to return the good does not, however, constitute recognition of the non-conformity. The good - for which the Seller has authorized the return - must be returned to the address expressly indicated, together with a copy of the return authorization bearing the "Return Code" and in full compliance with the precautions referred to in Art. 10.3.

11.5 Should the Seller be required to refund, in whole or in part, the price paid to the Buyer, the refund will be made, where possible, through the same means of payment used by the Buyer at the time of purchase of the good, or, alternatively, by bank transfer. It will be the Buyer's burden to communicate to the Seller, already in the complaint/request phase, the bank details to perform the transfer in their favor and to ensure that the Seller is put in the condition of being able to return the sum due.

Art. 12 NON-ATTRIBUTABLE DEFAULTS - UNAUTHORIZED PAYMENTS

12.1 The Seller is not responsible for the non-execution or delayed execution of the Contract should this depend on disruptions attributable to causes of force majeure, unforeseeable circumstances, or in any case not attributable to the Seller.

12.2 The Seller does not assume any responsibility for any fraudulent, illicit, or irregular use of credit cards, checks or other means of payment, attributable to malicious or negligent conduct, even as a minor fault, of the Buyer with respect to the obligations of custody and timely information to the issuer of the cited means of payment.

Art. 13 DEFECTIVE PRODUCTS, COMPENSABLE DAMAGES AND RELATIVE BURDENS OF PROOF

13.1 The Producer is responsible for damages caused by defects in the goods promoted/sold through the Site. Pursuant to art. 116 of the Consumer Code, the Seller will be responsible for the damage caused by a defect in the good sold, should they omit to communicate to the injured party, within three months from the request referred to in the following third paragraph, the identity and domicile of the Producer, or of the intermediary who provided them with the good in question.

13.2 The injured party may request compensation for damages caused by death or personal injury, or by the destruction or deterioration of a thing other than the defective good, provided it is normally intended for private use or consumption and used as such by the injured party. In the latter hypothesis, pursuant to art. 123 of the Consumer Code, the damage to a thing other than the defective good will be compensable only in the measure exceeding the sum of € 387.00. In any case, it will be up to the injured party to prove both the defect and the damage, as well as the necessary causal connection between defect and damage suffered.

13.3 The request for damage, which must be drafted exclusively in writing, must specify the good that caused the damage, as well as the date and place of its relative purchase. Furthermore, if still existing, it will be the burden of the injured party to offer the good in question for inspection, according to the indications given by the Producer, or Seller, or third parties indicated by them.

13.4 Compensation for damage will be excluded should the injured party, aware of the defect of the good and the annexed dangers, have, nonetheless, voluntarily exposed themselves to it. In the presence of fault of the injured party - who by using ordinary diligence could have avoided the damage suffered – the requested compensation will be excluded or reduced in proportion to the gravity of the fault attributable to the victim.

13.5 Any responsibility for the consequences deriving from a defective good is excluded should the defect itself be attributable to the conformity of the good to a mandatory legal norm, or other binding provision, or if the state of scientific and technical knowledge, at the moment in which the good was put into circulation, did not yet allow it to be considered defective.

Art. 14 SPECIFIC HYPOTHESES OF AUTOMATIC RESOLUTION OF THE CONTRACT

14.1 The punctual payment of the goods purchased online, pursuant to Art. 6.1 of these General Conditions of Online Sale, as well as the payment of every further charge and/or commitment referred to in Art. 6.3, are intended as essential obligations of the Contract.

14.2 Unless justified by unforeseeable circumstances or force majeure, the non-fulfillment of the aforementioned obligations will involve the legal resolution of the Contract ex art. 1456 of the Italian Civil Code.

Art. 15 TREATMENT OF THE BUYER'S PERSONAL DATA (REFERENCE TO SPECIFIC INFORMATION)

15.1 The Seller protects the Buyer's personal data, ensuring the full conformity of their treatment with the reference legislation and, specifically, with Regulation 679/2016 as well as the pertinent national rules (Privacy Code, as last amended by Legislative Decree 101/2018).

15.2 Reference is made, for details, to the Privacy Policy and Cookies Policy present on the site; it is reported as of now that the personal data provided by the user, acquired through browsing the Site, will be collected and treated in telematic/computer form, and where appropriate paper form, with the following main purposes: i) to register the order; ii) execution of the Contract and relative communications; iii) to fulfill legal obligations; iv) to manage commercial relationships to better perform the requested services.

Art. 16 CONTACT DETAILS OF THE SELLER AND THE BUYER

16.1 Official communications addressed to the Seller, as well as any complaints from the Buyer, will be valid only if sent via Registered Mail (A/R) to Via Fratelli Cervi, 57, 50013 Campi Bisenzio (FI), or, forwarded via e-mail to the following address: shop@novitahome.it, or to the following certified electronic mail address (PEC): novitaimport@legalmail.it.

16.2 The Buyer indicates during registration to the Site or in the order confirmation form, their residence or domicile, the relative telephone numbers and the e-mail address to which communications from the Seller will be sent.

Art. 17 AVAILABLE LANGUAGES AND SUPRANATIONAL USABILITY OF THE SITE

17.1 The Site and relative services are usable in the Italian language.

17.2 These General Conditions of Online Sale are available in Italian. If translated into other languages, the only version prevailing will be the Italian one.

17.3 Accessible from computer, tablet, smartphone or other devices, wherever located, the Site promotes goods and/or services mainly intended for the national market. Orders coming from third countries, except as specified below, will be accepted and fulfilled as per agreements. In such case, unless otherwise agreed, delivery will take place at the seat of the Seller/Manager. The Seller/Manager reserves, however, the faculty to suspend/cease, with short notice and without any penalty, every activity of promotion, marketing, sale, supply of the goods and/or services through the Site, should obstacles of a legal/fiscal/customs nature, or, in any case, of an objective type (and not subjective connected only to the geolocation of the User), preclude the receipt of the order and/or the execution of the Contract with Users resident or domiciled in third countries.

Art. 18 ONLINE OUT-OF-COURT DISPUTE RESOLUTION

18.1 As per EU Regulation 524/2013, the Buyer is informed of the faculty to refer the resolution of every dispute with the Seller - regarding the offer and purchase of the goods and/or services promoted online - to entities/companies/offices active in the alternative resolution of disputes (so-called ADR - Alternative Dispute Resolution), through web procedures, simple, rapid and economical (so-called ODR - Online Dispute Resolution).

18.2 For any information on the cited ODR procedures, please visit the following site: https://ec.europa.eu/consumers/odr/.

Art. 19 COMPETENT COURT AND LAW APPLICABLE TO THE CONTRACT

19.1 Every dispute between Seller and Buyer inherent to the Contract, and relative execution, will be regulated by Italian law and administered, unless derogations apply, by the judges of the consumer's forum. The Buyer will be guaranteed, in any case, the rights granted by the mandatory rules for consumer protection in force in the relative country of residence and/or domicile.

19.2 For the reference rules regarding the competent forum and applicable law to the Contract, reference is made to art. 66 bis of the Consumer Code, art. 18 of EU Reg. 1215/2012, art. 6 of EU Reg. 593/2008, and finally, to arts. 3 and 57 of Law n. 218/1995.