These general conditions of online sale (hereinafter “GCS”) govern the contract of sale (hereinafter, the “Contract”) of the products (hereinafter, the “product” or “products”) offered by:
Stefano Ciccani – Never One Design
Via Saffo, 86 – 00125 Rome Italy – P.I.08733691003
Through its Internet site www.neveronedesign.com (hereinafter, the “website”) to users of the site (hereinafter, the “customers” or the “customer”).
These general conditions of sale have as their object the definition of the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop www.neveronedesign.com in accordance with the current regulation on e-commerce and distance contracts.
Never One Design.com is the official authorized retailer of all the works signed by Stefano Ciccani Architetto, and of all the design proposed on the site, also signed by other designers.
C. F. CCCSFN73C30H501B
All information contained on the site www.neveronedesign.com (hereinafter referred to as the “Site”) are in Italian and English. The customer declares to have read all the above information and general conditions of sale, before placing the order.
1. Acceptance of General Sales Conditions
The customer, with his purchase order, unconditionally accepts and undertakes to observe in his dealings with the Never One Design, the general conditions and payment, below, declaring to have read and accepted all the instructions provided to him, also taking note that the application of any other clause is excluded unless the same are previously agreed in writing with Never One Design.
2. Territory and coverage of the offer
The present version of the general conditions of sale refers to sales made to consumers having their domicile or residence in Italy and abroad.
3. Client’s obligations
The General Conditions of Sale must be examined ON LINE by the customers of the shop neveronedesign.com before placing an order, anyhow in which this is then completed (telephone, email, internet, other). The submission of the order confirmation therefore implies full knowledge of these General Terms and Conditions of Sale and their full acceptance. The customer agrees, also, once the purchase procedure is concluded, to print and keep these general conditions of sale, already viewed and accepted during the whole purchase process.
The Customer provides for the purchase of products by consulting the descriptive and technical sheets present ON-LINE and is therefore solely responsible for the choice and suitability of the product for the purpose.
4.Assumption of responsibility
It is the responsibility and the obligations of the purchaser to inquire about the specific compatibility of what they intend to buy with their needs. The technical and functional characteristics related to the products published by Never One Design through their informative messages on the internet pages describing the articles are those communicated by the respective producers. The Products are not supplied on trial. Although the Website can provide information on the characteristics of the Products, the Customer is responsible for the selection of the Products ordered and for the compliance and conformity of the specifications indicated by each manufacturer to their needs. The photographs and video presentation of the products accompanying the descriptive information are published on the website for descriptive purposes, taking into account the fact that the quality of the images, including an exact visualization of the color variations, may depend on software and computer tools used by the customer when connecting to the site, Never One Design assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used as they are not dependent on their own will.
The purchase is made by the customer and relates to the products as illustrated and described ON-LINE in the relative descriptive and technical sheets (the images are indicative). The price established for purchase is fixed and final. It includes delivery costs for deliveries within the European Union, while deliveries will be invoiced outside the European Union, as indicated in the order confirmation. For deliveries in the European Union, prices include VAT applicable on the day of the order: they are therefore indicated including VAT. No other customs tax or VAT will be payable for delivery within the European Union. Any change in the applicable rate may affect the selling price of the products in the catalog.
For a delivery outside the European Union, the customer must pay customs duties, VAT or other taxes related to the import of products in the country where the delivery will be made.
The relative formalities are exclusively charged to the customer, unless otherwise indicated. The customer is solely responsible for verifying the possibility of importing the ordered products with regard to the territory law of the delivery’s country.
6. Payments and invoicing
The customer agrees to pay, if necessary, and this directly to the courier or to the carrier, customs duties, VAT or other taxes related to the import of products in the countries where the delivery will take place.
The payment of the purchased products and the relative shipping costs must be made by the customer using these methods: Credit Card, Paypal, Bank Transfer. (The various payment tools options will be further specified during the purchase process). Payment by bank transfer is subject to the following conditions: the bank transfer must be received within 10 working days from the order. Beyond this date the order will be considered void.
Mode: 50% of the price on the order, 50% on the balance before shipping. The goods will be shipped only after verifying the accreditation at our bank account. At Never One Design the burden of producing evidence of the realization of the artwork purchased no later than 40 working days, starting from the credited 50% to the order.
The Products ordered remain the property of Never One Design srls. until the final payment and in full of their price (pursuant to Article 1523 and following of the Civil Code)
The fiscal documentation relating to the Products ordered will be issued by Never One Design srls at the time of shipping the Products to the Customer. The buyer customer undertakes to provide the exact indications for the shipping and billing address; in case of incorrect sending of such data, any additional costs of recovery and reshipment are charged to the buyer customer.
7. Delivery of products and execution of the order
a – The works commissioned to Never One Design.com will be delivered by courier or carrier, to the address indicated by the Customer as the destination address.
b – The packaging and shipping costs are charged to the Never One Design within the European Union and the United Kingdom, therefore there is no additional charge for these items for these destinations.
c – The delivery of products is always understood to be on the street level. The client is advised to make contact with porterage services in the territory to which they belong, in order to bridge the distance between the roadway and the actual placement of the acquired asset.
d – General Notes: for our shipments we rely on a service of express couriers qualified and specialized in the delivery of furniture and furnishings to ensure the quality of service and integrity of the Products. According to the trade regulations, the goods (properly packed) travels on behalf and at the risk of the buyer from the moment of delivery to the carrier, and at the time of delivery the customer must verify the integrity of the packages. In the event of delays, failures, total or partial losses, the customer has the right to appeal to the carrier without the responsibility of the manufacturer ever being taken into consideration. Therefore, at delivery we recommend proceeding to check the condition of the products delivered before signing the notice of package receipt. Once you sign for the acceptance, it will no longer be possible to contest any damage or aesthetic anomalies reported on the products. We remind customers that it is their duty to open the contents of the packaging if there are signs of damage on the packaging. If he finds any anomalies in the product, he must refuse the delivery of the products or accept them by putting in writing in the acknowledgment of receipt his reservations, detailed and dated. A copy will be sent to Never One Design srls, Via Saffo n. 86, 00125 Rome, Italy. Normally deliveries take place within 3/4 days for Italy and 8/10 days for European destinations. The shipping terms indicated on the site, even if carefully evaluated, must be considered non-binding for Never One Design srls, which can subsequently confirm or modify them, according to their actual needs. Shipping times are shown in working days. Delivery times are indicative if there are no physical or structural impediments (eg incorrect addresses) or force majeure events such as strikes, natural disasters, government actions and/or regulations. If the event of force majeure persists for more than two months compared to normal delivery times, each Party will have the right to cancel from the contract, without any compensation being due to the other party. Delivery is considered as executed from the moment the Product is delivered to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods.
8. Availability of products
The Never One Design operates only on order, therefore there are no works in stock. The realization of the design works commissioned to the Never One Design begins the accreditation of 50% of the relative price, and is completed within 40 working days, starting from the same date of accreditation to the order.
9. Collection of products in case of absence of the customer
In case of absence of the recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. The products must be picked up at the address and in the manner indicated by the carrier.
In case of non-collection within the deadline set by the carrier, the products will be returned to Never One Design.
In this case the customer will not be entitled to any refund.
10. Right of cancel
The consumer has the right to cancel from any distance contract, without any penalty and without specifying the reason, within 10 working days from the date of delivery. The consumer cannot exercise the right of cancel for supply contracts relating to non-prefabricated goods and products based on an individual consumer choice (the current law wording states that the right of cancel cannot be exercised for “goods made to an individual or clearly personalized choice “). The Never One Design collection bases its proposal on the specific uniqueness of each realization, works exclusively on the client’s order from which it receives specific requests such as the choice of fabrics, the oxidized or non-oxidized finish of the iron works, the colors of carpenters and crystals and certifies this ensemble of uniqueness and specificity through the Iron Art Design authentication.
Therefore, the works produced by Never One Design for its clients do not fall within the case record of assets with right of cancel.
Any replacement of defective or damaged parts during transport requires just as short or even the same production times because we only process products on order. The replacement practice will be started as soon as we receive the photographic documentation produced by the customer received within seven days of delivery. Any replacement of products to order will not be made in the event that the buyer object to differences in colors and/or shades published on the Site of fabrics, leather, metals, wood, glass or other materials. However, it will be our commitment to operate with the utmost speed in order to reduce waiting times.
12. Return of defective or damaged goods
In the case of defective goods, the same can be returned to Never One Design within 7 days of delivery. The shipping and packing costs for the return of the shipment are charged to the Never One Design. The faulty goods will be replaced and not reimbursed.
Should the Customer receive packages visibly damaged by the courier and/or carrier (broken or visibly damaged packaging), proceed as follows:
– If it is more than one package, reject only the damaged package to the sender. It will then be our care to contact the customer and arrange replacement.
– If instead it is a consignment of a single package, reject the shipment to the sender and as a first step it will be our care to contact the customer and arrange the replacement.
Claims for non-compliance of the Product or Products delivered with the order must be received in writing directly to Never One Design immediately upon receipt of the goods.
The Customer must keep the original packaging and the delivery document.
14. Warranty – Technical Assistance
Never One Design guarantees the only material integrity of the Products at the time of delivery. In particular, Never One Design makes no warranty as to the compatibility of the Products with other products or equipment used by the Customer, nor does it provide any guarantee regarding the suitability of the Products for the specific use envisaged by the Customer.
This includes the misuse of the Products made by adults and children, including the accidental impact of these with one of the Products.
Without prejudice to the hypothesis of willful misconduct or gross negligence of Never One Design, it is already agreed that, if the responsibility of Never One Design for any reason against the Customer is established – including the case of non-fulfillment, total or partial, to the obligations assumed by Never One Design towards the Customer due to the execution of an order – the responsibility of Never One Design can not be higher than the price of the Products purchased by the Customer and for which the dispute has arisen.
15. Protection of personal data
Never One Design is the owner of the personal data collected at the time of purchase by the customer, with the exception of the data relating to the payment procedure for which reference should be made to the banking institutions through which the transaction takes place. By purchasing the customer, he accepts these conditions and keeps Never One Design unharmed from any revenge or claim for detailed instructions.
16. Registered information
The computerized processing of the information, including the management of the e-mail addresses of the users of the site, is carried out in compliance with the provisions of the law.
The nominative information requested from the Customer is indispensable for the processing and forwarding of orders, the creation of invoices and any warranty contracts. For this purpose, such information may be disclosed to the contractual partners of Never One Design.
The Customer may object to such communication and, in accordance with the law, makes use of the right to access, modify, rectify and delete data concerning him by contacting Never One Design. To avoid any attempt at fraud, Never One Design can ask you to prove your identity, your home.
17. Electronic signature
The “validation click” is an electronic signature.
This electronic signature has the same value as a handwritten signature between the parties.
18. Integrality of the contract
These general conditions of sale constitute the entirety of the obligations of the parties. No other general or particular condition communicated by the Customer may enter or be excluded from these general conditions.
19. Intellectual and industrial property rights
Never One Design informs that the site, as well as all the trademarks and distinctive signs used in connection with the sale of the proposed products, are protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution or publication is forbidden. , alteration or transformation, in any form and for any purpose they occur Never One Design reserves the right to take legal action to protect these aspects.
Should one or more provisions of these general conditions be considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their strength and their value.
21. Applicable law
The sales contract between the Customer and Never One Design is concluded in Italy and governed by Italian law.
In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law to protect consumers (as defined under Article 1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute in any case connected to these General Conditions will be devolved to the exclusive jurisdiction of the Court of Rome. Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood the following clauses of the Never One Design General Conditions of Sale: 1-2-3-4-5-6-7-8- 9-10-11-12-13-14-15-16-17-18-19-20-21-22