General Conditions of Sale Article 1
– General Provisions
1. The user browsing in this area accesses www.narghita.it/pagamento, accessible by the url: www.narghita.it. Browsing and placing a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site as stated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 as amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) by Company FANTASIA ITALIA S.r.l. Headquarters: Via Manzoni 47, Vaprio d’Adda (MI) 20069 VAT number: 08007060968.
3. The user is required, before accessing the products provided by the site, to read these General Terms and Conditions of Sale, which shall be deemed generally and unequivocally accepted at the time of purchase.
4. You are encouraged to download and print a copy of the purchase form and these General Terms and Conditions of Sale, the terms of which www.narghita.it/pagamento reserves the right to change unilaterally and without prior notice.
Art. 2 – Purpose
1. These General Terms and Conditions of Sale govern the offer, submission and acceptance of purchase orders for products on www.narghita.it/pagamento and do not, however, govern the provision of services or the sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different parties, we suggest checking their terms and conditions.
Art. 3 – Conclusion of the contract
1. To conclude the purchase contract, you will need to complete the form in 2/8 electronic format and submit it following the relevant instructions.
2. It contains a reference to the General Terms and Conditions of Sale, pictures of each product and its price, the means of payment that you can use, the mode of delivery of the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; how and when to return the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Right of Withdrawal and Personal Data Processing Notice.
4. The contract is concluded when the seller receives the form completed by the user, after checking that the data contained therein are correct.
5. The user will be obligated to pay the price from the moment the online order submission process is completed. This will be done by clicking on the “Place Order” button at the end of the wizard.
6. When the contract is concluded, the seller takes charge of the order for fulfillment.
Art. 4 – Registered Users
1. In completing the registration procedures, you agree to follow the directions on the site and to provide your personal information correctly and truthfully.
2. Confirmation will in any case exempt www.narghita.it from any liability regarding the data provided by the user. L ‘user undertakes to promptly inform www.narghita.it of any changes in their data at any time communicated.
3. If the user then communicates inaccurate or incomplete data or even in the event that there is a dispute by the parties concerned about the payments made, www.narghita.it/pagamento will have the right not to activate or to suspend the service until the relevant shortcomings are remedied.
4. At the time of a user’s first request for activation of a profile, www.narghita.it will assign a user name and a password to the user. The latter acknowledges that such identifiers constitute the system for validating user access to the Services and the only system suitable for identifying the user that acts performed by means of such access will be attributed to him/her and will be binding on him/her. 3/8
5. The user undertakes to maintain the secrecy of his/her access data and to keep it with due care and diligence and not to transfer it even temporarily to third parties.
Art. 5 – Availability of products
1. Product availability refers to actual availability at the time you place your order. However, this availability should be considered purely indicative because, due to the simultaneous presence of several users on the site, products may be sold to other customers before the order is confirmed.
2. Even after the order confirmation e-mail is sent, cases of partial or total unavailability of goods may occur. In this eventuality, the order will be rectified automatically with the deletion of the unavailable product and the user will be notified immediately by e-mail.
3. If the user requests cancellation of the order, terminating the contract, www.narghita.it will refund the amount paid within 5 days after www.narghita.it became aware of the buyer’s decision to terminate the contract.
Art. 6 – Products offered
1. www.narghita.it markets: hookahs and related accessories
2. The offer is detailed on our website at the link: https://narghita.it/catalogo/
Article 7 – Payment terms and prices
1. The price of the products shall be as stated from time to time on the site, except where there is an obvious error.
2. In case of an error www.narghita.it will notify the buyer as soon as possible allowing confirmation of the order at the correct amount or cancellation. In any case, there will be no obligation for www.narghita.it to supply what was sold at the lower price erroneously quoted.
3. Site prices include VAT and include shipping costs. Prices are subject to change at any time. The changes do not affect 4/8 orders for which order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the shopping cart. It will be sufficient to follow the purchase instructions, entering or verifying the required information at each step of the process. Order details may be changed before payment is made.
5. Payment can be made by: Debit and Credit Cards (Visa, Mastercard, American Express); PayPal; Apple Pay; Google Pay
Art. 8 – Delivery
1. www.narghita.it ships throughout Italy, excluding the Vatican City State and the Republic of San Marino.
2. www.narghita.it will only make deliveries to the user’s home, provided at the time of purchase.
3. Delivery is made, for the Italian territory, generally within 2-3 working days after the order is placed, or, if no delivery date is specified, within the estimated term at the time of selection of the delivery method and, in any case, within the maximum term of thirty days from the date of confirmation.
4. As for European Union countries, delivery will be made in 3-5 working days after the order is placed, and in any case, within the maximum period of thirty days.
5. If delivery is not possible, the order will be sent to the warehouse. In such an event, a notice will specify where the order is located and how to arrange for a new delivery.
6. If you are unable to be present at the delivery location at the agreed upon time, please contact us again to arrange a new delivery date.
7. If delivery cannot take place for reasons beyond our control after thirty days from the date the order is available for delivery, we will assume that we intend to terminate the contract.
8. As a result of termination the amounts will be returned, including delivery costs with the exclusion of any additional costs arising from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 10 days from the date of termination of the contract. Transportation 5/8 resulting from contract termination may have additional costs that will be borne by the buyer.
9. Shipping costs are the responsibility of the buyer and are explicitly highlighted when placing the order.
Art. 9 – Passing of risk
1. Risks related to the products will pass to the buyer from the time of delivery. Ownership of the products shall be deemed to have accrued upon receipt of full payment of all amounts due in connection therewith, including shipping charges, or upon delivery, should this occur at a later date.
Article 10 – Warranty and commercial compliance
1. The seller is responsible for any defects in the products offered on the site, including non-conformity of the items to the products ordered, in accordance with the provisions of Italian law.
2. If the purchaser has entered into the contract as a consumer, i.e., any natural person acting on the site for purposes outside his or her business or professional activity, if any, this warranty is valid provided that the defect manifests itself within 24 months from the date of delivery of the products; that the purchaser files a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was acknowledged by the purchaser; and that the online return form is properly completed.
3. In case of non-conformity, the user who has entered into the contract as a consumer shall have the right to obtain the restoration of the conformity of the products without cost, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract with respect to the disputed goods and the subsequent refund of the price.
4. All return costs for defective products will be borne by the seller.
Art. 11 – Withdrawal
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without penalty and without specifying the reason, within the period of 14 days under Art. 57 of Legislative Decree 206/2005 effective from the date of receipt of the products. 6/8
2. In the case of multiple purchases made by the purchaser in one order and delivered separately, the 30-day period shall run from the date of receipt of the last product.
3. The user who wishes to exercise the right to cancel the purchase may send an email, indicating the order number and name of the user, to: firstname.lastname@example.org
4. The purchaser shall also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or alternatively transmit the model withdrawal form, set out in Annex I, Part B, Legislative Decree 21/2014 which is not mandatory.
5. The goods must be returned to: NARGHITA Corso Buenos Aires, 5, 20124 Milan MI, Italy
6. The goods must be returned undamaged, in the original packaging, complete in all its parts and complete with the attached tax documentation. Subject to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 14 days any shipping costs incurred by the user.
7. Costs incurred in returning the goods will be borne by the user.
8. As stipulated in Art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the site may suspend the refund until the receipt of the goods or until the buyer proves that he has returned the goods.
9. The right of withdrawal will not apply in case the services and products of www.narghita.it are included in the categories of Art. 59 of Legislative Decree 206/2005. 10. The site will make the refund using the same means of payment chosen by the buyer at the time of purchase. In the case of payment made by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary to make the refund.
Art. 12 – Data Processing 7/8
Article 13 – Safeguard Clause.
1. In the event that any of the clauses of these General Terms and Conditions of Sale should be void for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions appearing in these General Terms and Conditions of Sale.
Art. 14 – Contacts
1. Any request for information may be sent by e-mail to the following address email@example.com, by phone to the following telephone number: +39 347 325 5742, and by mail to the following address: Via Manzoni 47, 20069 Vaprio d’Adda (MI).
Article 15 – Applicable law and place of jurisdiction
1. These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rules of the purchaser’s country of habitual residence. Accordingly, the interpretation, execution, and termination of the General Terms and Conditions are subject exclusively to Italian law.
2. Any disputes inherent and/or consequent to the same shall be settled exclusively by the Italian judicial authority. In particular, if you qualify as a Consumer, any disputes shall be resolved by the court of your place of domicile or residence in accordance with applicable law. 8/8 These conditions were drafted on 03/13/2022.
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