Términos del servicio

ART. 1 PREAMBLE

These general conditions of sale apply to all purchases of "Novità Home" branded products (hereinafter "Products") made through the e-commerce site www.novitahome.com (hereinafter the "Site") by users classified as "consumers" pursuant to Article 2, meaning a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.

The Site is owned by Novità Import S.r.l., an Italian company with registered office in Via Fratelli Cervi, 57, 50013 Campi Bisenzio (FI), VAT number and Business Register registration number IT01652060979 - REA FI456676 (the "Owner").

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, therefore, not related to their own commercial, entrepreneurial, artisanal, or professional activity.

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.

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

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.

The Site is intended for the exclusive use of consumers. Subjects who do not qualify as such may not, under any circumstances, purchase products on the Site. The Seller shall have the right to refuse orders that, at its sole discretion, it believes have been placed by subjects not classified as consumers.

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

• a) the purchaser shall not have the right of withdrawal pursuant to Article 10;

• b) the purchaser shall not be entitled to the product warranties listed in Article 8 or any other legal warranty;

• c) no other consumer protection guarantees shall be recognized for the purchaser.

ART. 2 DEFINITIONS

E-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 that website or through other electronic means organized by the Seller.

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.

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.

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

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

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

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

Conformity to the Contract: All goods are considered compliant with the Contract if, where relevant, the following circumstances coexist: 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 quality and performance usual for 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, producer, or their agent or representative, particularly in advertising or labeling; iv) they are also fit for the particular use desired by the Buyer and brought to the Seller's knowledge at the time of the conclusion of the Contract and which the Seller has accepted, even by implication (Art. 129, paragraph 2, Consumer Code).

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

3. SALE OF GOODS PROMOTED ONLINE

3.1 Through the Contract, the Seller sells to the Buyer, who purchases via telematic tools, the goods offered on the Site. 3.2 The Site www.novitahome.com presents the catalog of goods and/or services promoted online by the Seller. These goods are accurately represented on the Site. 3.3 The Seller cannot guarantee a precise and exact correspondence between the real appearance of the goods promoted online and their representation on the Buyer's monitor. In case of discrepancies between the online image of the goods and the written information sheet, the latter shall prevail.

4. ONLINE CATALOG UPDATE - AVAILABILITY OF GOODS

4.1 The Seller ensures, through its IT 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 shipping times. The Seller confirms the registration of the order as soon as possible by sending the Buyer a specific confirmation (so-called Order Receipt) via email. 4.2 Should an order exceed the warehouse availability or be unavailable for other reasons, it is the Seller's responsibility to promptly inform the Buyer of the unavailability of the good and, if possible, the waiting times to obtain it, requesting re-confirmation of the order according to the different timings indicated by the Seller. This communication will occur via email or telephone.

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

5.1 The contract between the seller and the buyer will be concluded exclusively online. Once the e-Shop is accessed, the Buyer must follow the procedures/instructions indicated therein to formalize the purchase of goods and/or services by filling out 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, placing them in the shopping cart configured by the Seller. Once selected, the Buyer will be asked to close their cart by forwarding the list of desired items to the Seller. Before submission, a summary sheet will be displayed to confirm the purchase order, indicating the prices and the options available to the Buyer, who must identify the delivery, transport, and payment methods. By confirming the order, the Buyer undertakes to check and validate their personal data, the goods/services object of the Contract, their prices, 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 pre-instructs the Buyer about the execution times of the Contract, drawing attention to the right of withdrawal and other statutory rights. Finally, it is up to the Buyer to select the interactive button at the bottom of the web page—clicking the box "Confirm purchase order with obligation to pay"—thereby 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 may formulate a 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—duly filled out and verified as per instructions—will be acknowledged by the Seller with a receipt sent to the Buyer's email address solely to confirm its receipt in the Seller's IT system, which will then begin processing the order, verifying the data provided and availability. The Seller's receipt does not constitute acceptance of the purchase proposal. This receipt—with an attached "Order Number" to be used in every communication—repeats all information required by law, which the Buyer shall verify again, promptly communicating any corrections to the Seller. If inaccurate prices or other characteristics of the goods/services are found, or if goods are unavailable, the Seller will promptly inform the Buyer, inviting them to rectify the order or place a new one according to the methods communicated. 5.3 The Seller has the right to accept or reject the order sent by the Buyer, without the latter being able to advance rights or claims of any kind, including compensation, for the non-acceptance of the order itself. The Contract will be concluded only when a separate email (or message in the communications center on the Site or equivalent) of acceptance of the purchase proposal is sent, which will also contain information regarding the shipment and the expected delivery date (Shipping Confirmation). If the order is fulfilled via different shipments, the Buyer may receive separate Shipping Confirmations. The Buyer may, however, cancel their order before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case, no cost will be charged. This is without prejudice to the right of withdrawal under Art. 10. 5.4 Charges will occur only when the goods are shipped. Upon receipt of payment, the Seller will issue the relevant fiscal document. 5.5 The Contract will not be concluded and will remain without effect if the procedure in this article is not strictly followed. 5.6 For any errors, typos, or problems in filling out the online formats, the Buyer is invited to contact: 055 896 9219 / shop@novitahome.it.

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

6.1 The Buyer undertakes to pay the price requested for the goods purchased online, in accordance with the timing and methods indicated on the Website.

6.2 The prices of the goods promoted through the Website, as well as any other charge/expense related to the invitation to offer, are expressed in Euros.

6.3 The indicated prices are inclusive of VAT and any other taxes. Any costs related to customs duties and related taxes are the responsibility of the buyer.

7. PAYMENT METHODS, TIMING, SECURITY, AND REFUNDS

7.1 Payment for goods/services purchased online will take place according to the method chosen by the Buyer among those expressly permitted by the Seller on the Site. The use of these payment methods does not involve additional charges for the Buyer, except for costs supported and proven by the Seller. 7.2 Any refund to the Buyer will be credited via 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 received formal notice of withdrawal. However, the Seller may postpone the refund until the good is received or until the Buyer provides proof of shipment. 7.3 All communications regarding payments occur on a dedicated encrypted line, guaranteeing high-level security in compliance with data protection laws.

8. DELIVERY METHODS AND TIMES

8.1 The Seller delivers the ordered goods without unjustified delay, at the latest within 30 days from the conclusion of the Contract, via the methods indicated on the website or chosen by the Buyer. 8.2 If the Seller cannot ship within this period, they will promptly notify the Buyer via email or telephone. 8.3 Standard Delivery: Unless otherwise indicated in writing, delivery of Products is intended exclusively at street level (curbside or property limit) near the street number indicated in the order. The carrier is not authorized or required to unload inside private property or on the upper floors of the building. 8.4 Delivery to Floor Service (Optional): Delivery to the floor is an ancillary service not included in the standard shipping rate. If the Customer requires this service, they must request a quote and feasibility check before the order is fulfilled. Activation is subject to a surcharge based on floor number, elevator availability, volume/weight, and accessibility (ZTL zones, etc.). 8.5 Communication Obligations and Customer Responsibility: The Customer must report any logistical limitations (narrow stairs, pedestrian zones, etc.) during checkout. Failure to communicate such details releases the Seller from liability for failed or delayed delivery. In such cases, storage, redelivery, or return costs will be fully charged to the Customer.

9. STORAGE/ARCHIVING OF CONTRACTUAL DOCUMENTS

9.1 Pursuant to Art. 12 of Legislative Decree 70/2003 and Arts. 50-51 of the Consumer Code, the Buyer is informed that every online order will be stored digitally and/or on paper by the Seller with confidentiality and security. For copies, contact shop@novitahome.it.

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 14 calendar days from the day they acquire physical possession of the good. 10.2 The right of withdrawal is exercised by communicating to the Seller via Registered Mail R/R to: Via Fratelli Cervi, 57, 50013 Campi Bisenzio FI, or via PEC to: novitaimport@legalmail.it. 10.3 The return of the good must occur within 14 days of the withdrawal notice. Only direct costs for returning the good are borne by the Buyer. Precautions must be taken using original packaging to preserve integrity. Returns must be sent to: Via Fratelli Cervi, 57, 50013 Campi Bisenzio FI. 10.4 The Seller will refund the price within 14 days of receiving the withdrawal notice. The same payment method as the initial transaction will generally be used. The Seller may withhold the refund until the good is received or proof of return is provided. 10.5 If the returned good is damaged or shows signs of wear from unnecessary use, the Seller will deduct an amount corresponding to the decrease in value. The Buyer is responsible for any reduction in value (scratches, abrasions, missing accessories/manuals/labels, or inadequate packaging). 10.6 Upon receipt of the withdrawal notice, all contractual ties shall cease, except as provided in this Article.

11. WARRANTY OF CONFORMITY AND CLAIMS

11.1 Conformity is guaranteed for 2 years from delivery. Defects appearing within 6 months are presumed to have existed at delivery unless incompatible with the nature of the good or defect. 11.2 In case of non-conformity, the Buyer may request repair or replacement (at no cost), or a price reduction or contract termination, unless the request is impossible or excessively burdensome. 11.3 Rights are forfeited if the defect is not reported within 2 months of discovery. The report must specify the non-conformity, include at least one photo, and the fiscal receipt. 11.4 Reports should be sent to: Via Fratelli Cervi, 57, 50013 Campi Bisenzio FI (Registered Mail), PEC: novitaimport@legalmail.it, or email: shop@novitahome.it. After assessment, the Seller may authorize a return with a "Return Code." Authorization is not an admission of non-conformity. 11.5 Refunds will be made via the original payment method or bank transfer.

12. NON-ATTRIBUTABLE DEFAULTS - UNAUTHORIZED PAYMENTS

12.1 The Seller is not responsible for failures due to force majeure, unforeseeable circumstances, or causes beyond their control. 12.2 The Seller assumes no responsibility for fraudulent or irregular use of credit cards or other payment means due to the Buyer's negligence.

13. DEFECTIVE PRODUCTS, DAMAGES, AND BURDEN OF PROOF

13.1 The Producer is responsible for damage caused by defects. Pursuant to Art. 116 of the Consumer Code, the Seller is responsible if they fail to communicate the Producer's identity within three months of a request. 13.2 Compensation may be sought for death, personal injury, or destruction of property other than the defective good (if for private use). Damage to other property is only compensable for the portion exceeding €387.00. The injured party must prove the defect, damage, and causality. 13.3 Requests must be in writing, specifying the good, date, and place of purchase. 13.4 Compensation is excluded if the injured party voluntarily exposed themselves to danger knowing the defect. 13.5 Liability is excluded if the defect is due to compliance with a mandatory legal rule or if scientific knowledge at the time of circulation did not allow the good to be considered defective.

14. SPECIFIC AUTOMATIC TERMINATION CLAUSES

14.1 Timely payment (Art. 6.1) and ancillary charges (Art. 6.3) are essential obligations. 14.2 Failure to fulfill these obligations will result in automatic termination of the Contract (Art. 1456 of the Italian Civil Code).

15. PROCESSING OF PERSONAL DATA

15.1 Personal data is treated in compliance with EU Regulation 679/2016 (GDPR) and national laws. 15.2 Refer to the Privacy and Cookie Policies on the Site. Data is collected for order registration, contract execution, legal obligations, and commercial management.

16. CONTACT DETAILS

16.1 Official communications or complaints must be sent via Registered Mail R/R to: Via Fratelli Cervi, 57, 50013 Campi Bisenzio FI, or via email to shop@novitahome.it / PEC novitaimport@legalmail.it. 16.2 The Buyer provides their contact details during registration or order confirmation.

17. LANGUAGES AND CROSS-BORDER USE

17.1 The Site is in Italian. 17.2 These conditions are in Italian. If translated, the Italian version prevails. 17.3 The Site targets the national market. Orders from third countries are accepted unless legal/customs obstacles exist. Unless otherwise agreed, delivery for international orders occurs at the Seller's premises.

18. ONLINE DISPUTE RESOLUTION (ODR)

18.1 Per EU Reg. 524/2013, the Buyer can use the ODR platform for alternative dispute resolution: https://ec.europa.eu/consumers/odr/.

19. JURISDICTION AND APPLICABLE LAW

19.1 Disputes are governed by Italian law and administered by the courts of the consumer's place of residence/domicile. 19.2 Reference is made to Art. 66-bis of the Consumer Code and relevant EU Regulations (1215/2012, 593/2008).