GENERAL CONDITIONS OF SALE
The website "Niamhub.com" (hereinafter "the Website" or Niam srl) is owned by the company Niam Srl, VAT number 08473380726, with registered office in Bari, Via Amendola, 172/c. Access to and use of the Website are activities governed by these "General Conditions of Use" (hereinafter "Conditions").
Those who choose to access the Website in any case do so on their own initiative and shall be solely responsible for compliance with the local laws in force. The Website “Niamhub.com” works with partners who are official resellers and who guarantee the originality of all the products sold on the platform. Niamhub.com does not take any responsibility if the Website causes a malfunction of the Internet connection, does not guarantee uninterrupted operation, causes a deactivation of cookies in the user's browser and for the possible presence of computer viruses or other components which prove to be harmful.
Art. 1 - General Provisions
1. The user who navigates in this area accesses niamhub.com using the url: www.niamhub.com. Browsing and the sending of a purchase order on the Website implies acceptance of the Data Protection Conditions and Policies adopted by the Website and indicated therein.
2. These General Terms and Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the Website in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03).
3. Before accessing the products supplied by the Website, the user is required to read these General Conditions of Sale, which are generally understood and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these General Conditions. The General Conditions may undergo changes at any time, be modified unilaterally and without notice. The applicable terms and conditions are those in force on the date of submission of the purchase order. 5. The use of the Website and the possibility of accessing the purchase of the products offered will be provided in the following languages: Italian, English.
Art. 2 - Subject
1. These General Conditions of Sale govern the offer, forwarding and acceptance of the purchase order only for the products on niamhub.com and do not, however, govern the supply of services or the sale of products on the part of other third parties which are present on the aforementioned Website through banners, links or other hypertext connections.
2. Before sending orders and purchasing products and services from other parties, we suggest checking their conditions of sale.
Art. 3 - Conclusion of the Contract
1. Before concluding the purchase, the customer will be asked to confirm that they have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
2. This contains the reference to the General Conditions of Sale, the images of each product, the product sheets with the relative price, the payment methods which can be used, the types of delivery of the products purchased and the relative shipping costs (where there were any), a reference to the conditions for exercising the right of withdrawal, and methods and times for returning the purchased products. The product to be purchased is selected by the customer and placed in the cart by clicking on the "Add to cart" button. In the header of each page there is always an icon with the quantity of the products added to the cart. Before submitting the order, the customer can review and, if necessary, correct the data entry errors or remove items from the cart and/or modify the quantity and size which they intend to purchase.
3. The user and/or customer at the time of the conclusion of the order will be obliged to pay the price clearly visible in the cart. This will occur by clicking on the "Order" button at the end of the purchase procedure.
4. Once the purchase is concluded, Niam srl takes charge of the order for its execution.
Art. 4 - Registered Users
1. When completing the registration procedures, the user and/or client undertakes to follow the instructions on the Website and provide his personal data in a correct and truthful manner.
2. The confirmation will in any case exempt Niam srl from any responsibility regarding the data provided by the user and/or customer. The user and/or customer undertakes to promptly inform Niam Srl of any change to their data at any time communicated.
3. If the user reports inaccurate or incomplete data or if the data subjects dispute the payments made, Niam Srl will have the right to deactivate or suspend the service until the related issues or disputes have been remedied.
4. At the time of the first request for the creation and activation of a profile by the user/customer, niamhub.com will assign him a username and password. For Niam srl, these identifiers constitute the system for validating user access to the platform Services and remain the only suitable system for identifying the customer and allowing access to the operations contained therein.
5. The user guarantees to carefully guard and maintain the secrecy of his access data, and not to transfer them to third parties.
Art. 5 - Availability of the products
1. Product availability refers to actual availability on the Website at the time the user places the order. This availability must still be considered as merely indicative because, due to multiple users being active on the Website at the same time, the products could be sold to other customers before the order is confirmed.
2. A partial or total non-availability of the goods may also occur even after the email confirmation of the order has been sent. In this case, the order will be automatically corrected by removing the unavailable product and the user will be immediately notified by email.
3. If the user requests the cancellation of the order, terminating the contract, Niam Srl will refund the amount paid within 15 days, from the moment at which Niam Srl has received the request from the buyer.
Art. 6 - Products Offered
1. The products marketed by Niam Srl are those present on the link: niamhub.com
Art. 7 - Payment methods and prices
1. The price of the products will be that indicated and present on the Website, except where there is an obvious error which will be promptly rectified.
2. In the event of an error Niam Srl will notify the user-buyer as soon as possible, allowing the order to be confirmed with the adjusted amount, or to be cancelled it. It is understood that there will be no obligation for Niam Srl to supply the item sold at the lower price incorrectly indicated previously.
3. The prices on the Website include VAT but do not include shipping costs. The prices may change at any time. Price changes do not affect orders for which confirmation has already been sent.
4. Once the products which the buyer intends to purchase have been selected, they will be added to the cart. Just follow the purchase procedures relating to each step, by entering the required data. The details of the order can be verified and modified before proceeding with the payment.
5. We accept the following payment methods:
PayPal: When you select the PayPal option, you will be directed to the PayPal website to "log in" and review the amount shown before clicking "pay now". Once this is done, you will return to the Website.
Bank transfer in the case of payment by bank transfer, Niam Srl will attach the details for making the transfer (IBAN, Swift, BIC numbers) to the order confirmation email. The goods will be shipped as soon as Niam Srl receives the total payment of the order which will be credited to the current account.
Credit cards and debit cards (Visa, Mastercard). The User must ensure that the card used for payment is valid for online purchases. We do our best to make the Website as secure as possible. All credit/debit card transactions on the Website are processed through a secure online payment system which securely encrypts the card details. The payment will be charged to your account once your order is placed. It is necessary that the person making the payment with the credit/debit card declares to be the holder or otherwise that he has been authorised for use by the holder. All credit/debit card holders are subject to validation checks and authorisation from the card issuer. If the issuer of the payment card refuses to authorise the payment to Niam Srl, your order will be cancelled. We are not responsible for any costs or penalties which may be imposed by the payment provider for the processing of the payment with respect to the order placed.
6. The courier does not accept cheques.
7. In the event of a return, the refund will be managed with the same purchase method as the user.
Art. 8 - Delivery
1. Niam Srl, with its affiliated Retail stores, carries out shipments throughout the European Union, outside the EU, the Vatican City and the Republic of San Marino.
2. Niam Srl, also through its affiliated retail stores, makes deliveries exclusively to the address provided by the user at the time of purchase.
3. Within Italy, delivery is generally carried out within 2-4 working days, or, if no delivery date is specified, within the timeframe estimated at the time of selecting the delivery method and, in any case, within a maximum of thirty days from the date of confirmation.
4. As regards countries of the European Union, delivery will be made in 3-5 working days and, in any case, within a maximum of thirty days.
5. In non-EU regions, delivery will take approximately 3-7 working days. Niam srl cannot be held responsible for delays due to customs operations or for causes attributable to the courier. It will be our responsibility to manage the inconvenience, providing constant information on the status of the shipment.
6. If it is not possible to make the delivery, the order will be sent to the warehouse indicated in our return procedures. Under these circumstances, a notice will be left specifying the place where the order is located and how to arrange a new delivery.
7. If the user is not able to be present in the place at the time of delivery, we ask the user/buyer to contact us to agree on a new delivery date.
8. If the delivery cannot take place for reasons not attributable to Niam Srl, after ten days from the date on which the order is available for delivery, the order will be considered revoked.
9. As a result of the revocation of the order, the amount paid will be returned, excluding delivery costs (if there are any), and any additional costs deriving from the choice of a delivery method other than the ordinary method offered. The transport resulting from the termination of the contract may have additional costs which will be borne by the buyer/consumer.
10. Free shipping in Italy. Shipping costs out of Italy will be provided at the checkout. The consumer is always charged for returning costs.
Art. 9 - Transfer of Risk
1. The risks relating to the products shall be borne by the purchaser/consumer from the time of delivery. The ownership of the products is considered acquired as soon as the full payment of all the amounts due for the product has been received, including shipping costs, or at the time of delivery if this occurs subsequently.
Art. 10 - Guarantee and commercial compliance
1. The seller is liable for any defect of the products offered on the Website, including the non-conformity of the items with the products ordered, under the provisions of Italian law.
2. This warranty is valid on the condition that the defect occurs within 48 hours from the date of delivery of the products; in this case the buyer/consumer must submit a formal complaint regarding the defects highlighted and contact our customer service.
3. In case of non-compliance, the user who has entered into the contract as a consumer will have the right to obtain the restoration of conformity of the purchased products by replacing them, without incurring additional costs, up to being able to request a 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 any penalty, specifying the reason, within 15 + 3 working days (pursuant to art.57 of Legislative Decree 206/2005) starting from the date of receipt of the products.
2. In case of multiple purchases made by the buyer with a single order and delivered separately, the term of 15 + 3 working days will start from the date of receipt of the last product.
3. A user who intends to exercise the right of withdrawal must communicate this to Niam Srl and can make it through the return procedure within his personal area, or through an explicit declaration, which can be made by email or telephone to the following addresses: email@example.com, Customer service: +39 345 3554918
4. The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract
5. The goods must be returned to the address indicated in the return procedure.
6. The goods must be returned intact, in their original packaging, complete with all their parts. Once Niam srl has verified compliance with the above, it will refund the amount of the products subject to the withdrawal within a maximum period of 15 + 3 working days, including any shipping costs if present.
7. According to art. 56 paragraph 3 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, the Website can suspend the refund until the goods are received or until the customer provides proof that the goods have been returned.
8. The right of withdrawal will not apply in the event that the services and products of Niam srl are included in the categories of art. 59 of Legislative Decree no. 206/2005.
9. The Website will provide the refund using the same payment method chosen by the buyer at the time of purchase. If the payment was made by bank transfer, and if the user intends to exercise his right of withdrawal, he will have to provide the IBAN, SWIFT and BIC bank details needed to proceed with the refund.
Art. 12 - Returns and Refunds
1. You can return the purchased products only and exclusively if they have never been used, within 15 + 3 working days from the delivery date and receive a refund equal to the price of the returned products. After this deadline, the return procedure will no longer be possible.
2. We will not be able to accept the return of items which are not in the same condition in which they were sent and are not received in their original packaging. Do not remove any original safety tags or labels from the product. Exchanges of items are not possible.
3. We will deduct the shipping cost (if any) from your final refund which will depend on the country you are returning the item from. All return costs will be borne by the customer, including any import tax for non-EEC customers.
4. Items must be returned unworn, unused, undamaged, with all tags originally applied by the parent company, and with the original packaging included. IMPORTANT: if the above conditions are not met, we will not be able to accept the return.
HOW TO MAKE THE RETURN
For users who are logged in
1. Go to the "Order details history" section of your account.
2. Select the order from which you want to return an item by clicking on "Details".
3. Select the products you want to return through the box next to the names.
4. Add the quantity to be returned (in case you need to return more than one product).
5. In the "Return Merchandise" section, add a note (required), so that customer support can better understand why the customer wants to return that product.
6. Click on "Ask for a refund" and the request will be sent to customer support.
For users who are not logged in
1. Send an email to firstname.lastname@example.org with "Order ID", name and surname, giving the reason for the return/refund.
2. Tell us if you intend to proceed with a courier of your choice or with our Affiliated Courier. Prepare the package and attach the courier's pre-printed labels.
The Return by the customer allows you to choose the express courier you prefer. The costs are at your expense and will depend on the service you have chosen. In this case, the package containing the return will remain under your responsibility until it is delivered to our warehouses. This means that we will not be responsible for any loss, damage caused by bad packaging, or for delays in the delivery of the return.
The return is charged to the buyer/consumer from both Italy and abroad.
Upon receipt of the goods, the seller will check the integrity of the items received within the acceptance parameters indicated above. The seller reserves the right to refuse: returns communicated or sent back after 15 + 3 working days, or items which are damaged or returned in conditions different from how they were received. The Seller will communicate the acceptance of the return by email within 15 + 3 working days from the receipt of the goods. After this communication, the Seller will return the sums paid at the time of purchase to the customer.
We remind you that in the event of a partial return of an order where a discount code is provided for a minimum purchase price, if the value of the remaining order, following the return, is lower than the minimum price required, the discount applied will be deducted from the refund.
You can follow the status of your return by accessing your profile and clicking on the "Product returns" link.
The refund depends on the payment method selected at the time of purchase.
Art. 13 - Expenses and Shipping
Standard shipping in Italy (Republic of San Marino, Vatican City and Islands) and in EU countries is free up to a maximum of 10 kg.
Beyond this weight, the rates imposed by the chosen courier will be applied.
All shipments are insured against damage or loss.
The shipments are traceable.
Shipping costs over 10 kg will be agreed with our Customer Service.
For non-EU countries, the rate in force by the affiliated shipper will be applied (contact our Customer Service).
At the time of the shipment, the tracking code is sent, which you can use to track the progress of the shipment 24/7 on the courier's website.
Express delivery will only be guaranteed for some countries.
Art. 14 - Non-Delivery
1. In the event that the order is not delivered because the address or telephone number is incorrect or absent, the package can be returned to the sender. Any costs will be borne by you. If you have any questions about this, please contact our Customer Care.
Art. 15 - Copyright
All images, texts, sound files and videos which appear on this Website are the property of Niam Srl and are protected by international laws on copyright and on the protection of intellectual property; they cannot be used in any way. Niam Srl will not be liable in any way or to anyone for the photographic images published. The commercial logos and all symbols on these pages are copyright of their respective owners.
Use of photos owned by the shopkeepers
Art. 16 - Processing of data
Art. 17 - Safeguarding clause
1. In the event that one of the clauses of these General Conditions of Sale is null and void for any reason whatsoever, this will in no case compromise the validity of and compliance with the other provisions present in these General Conditions of Sale.
Art. 18 - Contacts
1. Any request for information can be sent by email to the following address email@example.com, or by telephone to the following telephone number: +39 345 3554918
Art. 19 - Applicable law and competent court
1. These General Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other mandatory rule of the buyer's country of habitual residence. Therefore, the interpretation, execution and termination of the General Conditions of Use are subject exclusively to Italian law.
2. Any disputes inherent and / or consequent to the above must be resolved exclusively by the Italian judicial authority. In particular, if the user is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the user according to the applicable law.
Art. 20 - Version of the terms and conditions
The last update of the terms and conditions of the Website www.niamhub.com was carried out on 30/06/2021;