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GENERAL SALES TERMS AND CONDITIONS
Dear web surfer, before you make a purchase, carefully read these terms and conditions as they regulate the contractual relations to purchase items on the www.nomination.com website (here-under also referred to as “the website”). Should you have any doubts on the sales terms and conditions, please contact us at the following email address: firstname.lastname@example.org or see the Information Page here.
1. GENERAL INFORMATION AND SELLER'S DETAILS
1.1 These General Terms and Conditions regulate the on-line sale of the Nomination items on the www.nomination.com website managed by Nomination srl, legal offices in Sesto Fiorentino (Florence) Italy, via Fratelli Bandiera n. 22, registered under No. 511052, VAT number 05018590488 in the Companies Register of Florence.
1.2 These sales terms and conditions are regulated by the Legislative Decree No.206/2005 (Consumer Code), as further completed and amended by the Legislative Decree No. 21/2014, and by the Legislative Decree No. 70/2003 (E-commerce Code).
2. CUSTOMER REQUIREMENTS
2.1 Only customers meeting the following requirements may be addressees of the service:
- Being customers in compliance with the Legislative Decree No. 206/2005, i.e, individual persons purchasing items from www.nomination.com not with commercial, business or professional purposes;
- Being at least 18 years of age;
- Having a valid email address.
2.2 For all the above, Nomination reserves the right to reject orders from customers not complying with the requirements listed above. Furthermore, orders received from countries not served by the company shall not be processed.
3. PRODUCT INFORMATION
3.1 The distinctive features of the products on sale on www.nomination.com are shown on the technical chart available on the website and viewable before purchasing each product. A further short description of product main features is also provided next to the image of each viewed product. Nomination Srl reserves the right to change product descriptions in the above-mentioned technical charts at any time. Product images published on the website represent items on sale as accurately as possible. Nonetheless, product colors and/or sizes may differ from the actual items due to the browser or screen used during website surfing. Nomination Srl shall not be responsible for possible unsuitability of images or colors of the items due to the above-mentioned technical reasons. To the purposes of the sales contract, the product shall be attested exclusively by the Product description in the on-line technical chart available on the purchase date.
3.2 For orders of jewellery items with engraving Nomination, at its discretion, shall evaluate the suggested ENGRAVING according to the company’s technical, stylistic and business standards for approval; only once approved will Nomination create the ENGRAVING suggested by the Client. All approvals from Nomination are limited to the technical, qualitative and aesthetic aspect of the engraving, in compliance with the image, values and the prestige of the Brand. The Client accepts from now on to indemnify Nomination from any liability, including economic, which remains exclusively the responsibility of the Client relating to the unauthorized use of characters, images, fonts, trademarks, brands and logos that the owner of the licenses could possibly contest. Nomination reserves the right to refuse engravings that are copies and/or reproductions of designs already existing on NOMINATION COMPOSABLE Links and/or other Nomination items, relevant to existing and future collections. In this regard, please note that Nomination shall have the power to deny authorisation, in the event that the engravings suggested by the Client are designs that are already part of a collection with a release date already planned by Nomination, and the Client recognises that Nomination's designs have priority over engraving requests or suggestions. Articles that have been engraved have been personalized upon request and therefore are excluded from the right of termination referred to in the following Art. 9.
4.1 The prices of the items are in Euro, GBP or USD, VAT included, less possible shipping costs. Shipping costs are reported on the “Shipping and Costs” website section and shall be communicated to the client upon cart summary viewing. Nomination Srl reserves the right to change the terms stated in the “Shipping and Costs” section at any time; it being understood that the shipping cost charged to the client shall be the same shown on the order summary upon order placement. The price of products on sale on the website may differ depending on the country and be listed in the local currency.
4.2 Nomination Srl reserves the right to change the price of products at any time and without notice; it being understood that the price charged to the client shall be the same shown on the website upon order placement.
5. SALES AND PAYMENT TERMS, AND CONTRACT DRAW UP
5.1 To purchase one or more Items, customers shall fill in and submit to Nomination Srl an electronic Purchasing Order (having the same value as a binding contract offer) listing the information on the main features of each Item ordered and relevant price, payment method selected, delivery method and shipping costs. Before submitting their order, customers may check the details typed and correct possible filling mistakes. At the moment of the conclusion of the order, and before submitting it, customers shall be asked for a confirmation of the acceptance of these general sales terms and conditions, failing which the order shall not be complete.
5.2 The sales order shall be filed in our data bank for the time needed to process the order and for administrative purposes, in any case as prescribed by law.
5.3 Only the following payment methods shall be accepted:
a) All credit cards within the Visa, Mastercard and American Express circuits.
b) Paypal - Choose this payment method if you wish to pay using PayPal or by Credit Card. We reserve the right to ship your order to the address registered to your PayPal account. For more information click here.
c) Sofort - Bank Transfer (only for Germany and Austria).
Cashing fees charged to the customers for payments settled by means of the above-stated payment methods, or in those cases expressly agreed, shall not exceed actual fees incurred by the professional.
5.4 Upon receipt of your order Nomination you will be sent an automatic confirmation of your order entering our system. This email is not a confirmation of the order being fulfilled but acknowledgment of receipt of your purchase request.
You will receive a second email after we have verified the information in the order and product availability to confirm that the order has been processed and that it will be fulfilled. It is at this time that the Contract is to be considered binding. This email of acceptance of Purchase contains a reference to the previously accepted Terms and Conditions and a complete recap of your purchase.
Nomination Srl may decide to stop the processing of the purchasing order in the following cases: (a) incomplete or incorrect orders; (b) in the event the Items are not available (not available at the moment of the order or no longer on sale); (c) incorrect credit card details and/or denied authorization to debit the card. In these events, Nomination Srl shall email customers notifying that the contract has not been concluded, listing the reasons and providing possible reimbursements.
5.5 Credit card details shall be treated with utmost confidentiality. Nomination Srl is not responsible for possible card fraud on the part of third parties. In any event, for additional assurance, Nomination Srl reserves the right to cancel the transaction and/or ask for further information or documents in the event of suspicious card fraud.
5.6 Nomination Srl reserves the right to reject an order in the event Nomination’s bank is not able to obtain an inspection on the part of the customer’s bank, or in the event the customer’s bank details are incomplete.
6. ORDER PROCESSING AND SHIPPING
6.1 Orders shall be shipped by Nomination Srl, Sesto Fiorentino (Florence), Italy, Monday through Friday from 2.00 pm to 5.30 pm. Items ordered on the weekend and on holidays shall be processed on the following working day.
6.2 Orders of articles available in the warehouse shall be shipped within 5 working days as of the moment of the order. Shipping of articles temporarily out of stock is guaranteed within 3 weeks and in any case within 30 days maximum as of the date of contract. In some periods of the year, possible delays in the delivery may occur due to organizational problems or to personnel shortage; possible delays shall be notified by email.
In the event articles are not delivered within the maximum 30 day term, customers shall contact the Customer Service by email requesting delivery within a reasonable additional term in consideration of circumstances. Failing delivery within said additional time, customer is entitled to cancel the contract.
6.3 The shipping shall be couriered through DHL standard shipping. Upon shipment Customers shall receive a second email from the courier confirming the order and tracking number to follow the shipping at all times.
6.4 The shipping shall be delivered at the address submitted in the field “delivery address” in the purchasing order.
6.5 Nomination Srl ships to Italy, San Marino, Germany, Sweden, Norway, Denmark, Belgium, Netherlands, Luxembourg, Brazil, China, Venezuela, Finland, Estonia, Latvia, Lithuania, Spain, Andorra, Portugal, Gibraltar, Andorra, Slovenia, Slovakia, Czech Republic, Hungary, France, Iceland, Greece, Cyprus, United States, Canada, Switzerland, Mexico, Ecuador, Uruguay, Colombia, Austria, Ireland, United Kingdom, Malta, Romania, Poland, United Arab Emirates, Japan, Singapore, Kazakhstan, Uzbekistan, Tajikistan, Kyrgyzstan, Turkmenistan, Turkey, Libanon and Israel.
6.6 There are no shipping costs for orders equal to or over 69,00€; for orders under 69,00€ a payment of 6,00€ is required for shipments to Italy; 8,00€ for Germany and Austria. There are no shipping costs for orders equal to or over 80,00€; for orders under 80,00€ a payment of 8,00€ is required for shipments to Sweden, Denmark, Belgium, Holland, Luxembourg, Spain, Portugal, France, Greece, Cyprus and Ireland; 10,00€ for Finland, Estonia, Latvia, Lithuania, Slovenia, Slovakia, Czech Republic, Hungary, Malta, Romania, Norway.
For United Kingdom shipping is free for orders of 100,00£ or more; for orders totalling less than 100,00£ a contribution of 10,00£ is requested.
For Usa and Canada shipping is free for orders of 100,00 USD or more; for orders totalling less than 100,00 USD a contribution of 10,00 USD is requested.
For Gibraltar and Iceland shipping is free for orders of 250,00€ or more; for orders totalling less than 250,00 € a contribution of 35,00€ is requested.
For Brazil, China, Venezuela, United Arab Emirates, Japan, Singapore, Kazakhstan, Uzbekistan, Tajikistan, Kyrgyzstan, Turkmenistan shipping is free for orders of 250,00€ or more; for orders totalling less than 250,00 € a contribution of 30,00€ is requested.
For Switzerland, shipping is free for orders of 100,00 CHF or more; for orders totalling less than 100,00 CHF a contribution of 15,00 CHF is requested.
For Turkey, Libanon and Israel shipping is free for orders of 150 € or more; for orders totalling less than 150 € a contribution of 15 € is requested.
For Mexico, Ecuador, Uruguay, Colombia shipping is free for orders of 150,00€ or more; for orders totalling less than 150,00€ a contribution of 25,00€ is requested.
For Poland shipping is free for orders of 200,00 Zloty or more; for orders totalling less than 200,00 Zloty a contribution of 18,00 Zloty is requested.
Your order summary shall show any possible shipping costs. Possible custom duties shall be at the customer's charge, expect for USA, Canada, Switzerland, Mexico, Ecuador, Uruguay, Colombia, United Kingdom, United Arab Emirates and Japan.
6.7 Customers shall check the items immediately at the time of the delivery and report possible anomalies and/or tampering and/or damage directly on the courier’s delivery paperwork, and later, report to Nomination’s email address: email@example.com.
6.8 Customers shall report any undelivered items within 8 days of receiving the delivery email notification by sending notice to firstname.lastname@example.org in order to allow Nomination to file a prompt complaint with the courier service. Once this deadline has passed, the shipment is considered correctly received unless proof is provided which shows it was objectively impossible to adhere to the given deadline. Customers shall also report any damage found on the packaging and/or on the goods contained therein by sending a notification to email@example.com.
6.9 Nomination SRL is not responsible and shall not be liable for missing contents from the package in the case that the same arrives perfectly sealed and shows no signs of tampering.
7. FORCE MAJEURE
7.1 Nomination Srl reserves the right to postpone the shipping in the event of circumstances beyond its control.
Therefore, Nomination shall not be responsible in the event of total or partial breach of the obligations listed in this agreement, should such breach be due to force majeure, including but not limited to acts of God, terrorism, wars, insurrections, black outs, general strikes and/or restrictions in terms of road conditions and air traffic.
8. ITEMS GUARANTEE
8.1 All the items available on www.nomination.com are guaranteed against manufacturing defects and compliances within two years of the delivery. Each item is shipped with its certificate of guarantee. Customers have the right to free repair or replacement or, failing them, to price reduction or contract cancellation. Legal guarantee does not cover possible differences, defects, defective items and/or malfunctioning due to accident or to customers' liability or to any misuse of the product. For any warranty claim, customers must show proof of purchase in the form of payment receipt showing purchase date.
8.2 Should customers notice a flaw in the items purchased from Nomination Srl while the legal guarantee is valid, they should email the Customer Service at firstname.lastname@example.org, including their personal details (first and last name, address for collection of the product) and the order number. Nomination Srl will arrange collection of goods and new shipment at its own charge.
9. RIGHT OF TERMINATION
9.1 Customer satisfaction is our main goal.
Should, for any reason, customers be unhappy with their purchase, they have the right to terminate this agreement within 30 working days of the receipt of the items ordered. In case of a multiple purchase into one order, the term will become effective from the date of receipt of the last item. The right of termination does not apply in the case of any made-to-measure or custom-made products (exception made for the bracelet of the “Composable” collection whose customization does not influence the right to terminate as provided in this paragraph). To exercise the right of termination, customers must apply for authorization through the Returns Procedure and/or send any other explicit declaration to email@example.com. In case this option is selected, Nomination shall immediately confirm receipt of contract termination notice by email.
To meet the right of termination deadline, it suffices that customers send their communication before the termination term expires (within 30 days of date of receipt of ordered merchandise).
As a result of the termination, all payments made by Customers to Nomination Srl shall be reimbursed, including standard delivery costs if any, (with the exception of supplementary costs due to your choice of a delivery method that costs more than the Nomination standard delivery service) without undeserved delay and in any case within 14 days of receipt of Customer's contract termination notice. Said reimbursements shall be paid by the same means of payment used by the Customer for the initial transaction, unless otherwise agreed with the customer. In any case, customer shall not bear additional costs as a result of said reimbursement.
In any case, reimbursement shall be suspended until receipt of returned merchandise or until proof has been supplied by the customer that goods have been shipped.
Clients are kindly requested to return merchandise to WEB Customer Service – Nomination Srl, Via Fratelli Bandiera 22 – 50019 Sesto Fiorentino (Florence) without undeserved delays and in any case within 14 days of receipt of the Return Authorization Number sent by Nomination Srl. The term is considered as observed if customers return merchandise before the 14 day term expires. In consideration of the nature of Products, customers must return merchandise by courier or registered mail, so that they can be entitled to refund in case of stolen or lost items.
Return fees are at the clients' charge.
Customers are responsible for diminished value of merchandise only in case of misuse aiming at understanding the nature, features and functioning of products.
Customers shall be contacted by the Customer Service if returned items do not comply with the conditions set forth below at following article 9.2 and summarized by the on-line Returns Procedure. In such a case, clients may choose if they prefer to accept the deduction from refund equal to the diminished value of returned merchandise or receive purchased merchandise back at their charge. Should clients refuse product replacement, Nomination Srl shall hold the merchandise and the amount calculated as diminished value of returned products.
9.2 Further to the return procedure, notified as required by preceding article 9.1, and upon receipt of the return request by Nomination Srl, Nomination will send the client a written confirmation by email with a Return Authorization Number. The Return Authorization must be printed and attached to the article. Failing the above-mentioned authorization, Nomination shall not authorize return of merchandise for any reason.
9.3 Returned article must fulfill the following conditions:
1. it must not have been used, worn, washed
2. the packaging must not show signs of wear, abrasions or scratches.
3. the product must be accompanied by the warranty attached and all labels, packaging and original accessories.
9.4 Nomination shall not accept returned items should the latter fail to comply with the terms and conditions provided for in Nomination’s return policy. Moreover, please remember that Nomination shall not accept return of items in the following events: a) theft or loss of the item during the return procedure; b) return of used or damaged item(s); c) when the articles are engraved and therefore have been personalized upon request as in Art. 3.2.
10. APPLICABLE LAW AND COURT OF JURISDICTION
10.1 The purchase and sales agreement entered through the www.nomination.com website is regulated by the Italian law.
10.2 For the settlement of any dispute arising from the interpretation and/or implementation of these General Sales Terms and Conditions, and on this purchase deed, the Court where the customers reside or have elected their domicile will have exclusive jurisdiction.
10.3 For the settlement of any dispute relating to this Sales Contract and arising between the parties, an amicable composition may be preemptively promoted according to the mediation procedure, also available on-line and ruled by the Conciliation Service provided by the Chamber of Commerce of Florence, registered in the Register of Conciliation Bodies with the Ministry of Justice.
11. COMPETENTE CONDITIONS
11.1 Nomination Srl reserves the right to amend and/or supplement these general Sales Terms and Conditions at any time. Possible amendments and/or additions shall be effective as of the date of the publication of the amendments and/or additions on www.nomination.com