Premise

The premises are an integral part of the general conditions of sale

These Conditions of Sale describe the online sales methods that regulate the commercial relationships of Le Nom SRL (“the Seller”) with its Consumer or Professional Customers, according to their different legal nature (hereinafter referred to cumulatively as “the Customer”).

The only parameter of the legal nature of Consumer or Professional will be the invoice issued by the Seller.

These general conditions of sale concern the distance selling of handcrafted items.

1. Object of the Sales Contract - Irrevocable Offer - Conclusion of the Contract

1.1) The contract has as its object the supply of handcrafted goods, mainly hand-decorated and with the possibility, upon request of the customer, to personalise them. 

The Customer will choose the goods on the Le Nom website.

1.2) The goods supplied will be of a "custom-made and clearly personalized" type, specifically the Customer will choose through the instructions on the site or those agreed with the Seller, the model, the color of the model, the characteristics and the position of the customization, according to the possibilities provided by the Seller.

1.3) The choice of materials and manufacturing techniques are at the sole discretion of the Seller, who undertakes to guarantee the conformity of the products to those ordered. Excluded from this guarantee are any subsequent non-conformities, i.e. non-existent at the time of delivery, as well as any non-conformities known to the buyer or which could be known by the buyer using ordinary diligence at the time of delivery.

1.4) By virtue of their artisanal nature, the products may still present imperfections and/ or undulations and / or shades of colour without this constituting a reason for complaint and / or dispute and / or termination of the contract and / or reduction of the price by the Customer. For this purpose, reference is made to point 9.8 of these conditions.

1.5) The product photos and images on the site are provided for illustrative purposes and do not constitute a contractual element and are not binding for the Seller, nor can their possible discrepancy with the chosen model give rise to termination of the contract and/or reduction of the price and in any case cannot be understood as a defect and / or fault of the product chosen by the Customer.

1.6) The contract is concluded according to the following methods:

The customer must place the product in the appropriate cart, after having read the General Conditions, with particular reference to the contribution for delivery costs, the methods of exclusion of the right of withdrawal, the competent court, the guarantees, and the Privacy Policy, must select the desired payment method and choose the "send order" option.

The Seller will send the Customer a confirmation email (hereinafter the “Order Confirmation”) to the email address provided by the Customer.

1.7) The Customer is required to fill in all the forms on the site for the Order Confirmation, in particular it is mandatory for the Customer to correctly provide the billing data for orders placed via email as requested by the Seller.

1.8) Any error, incompleteness, or omission of billing data (such as, but not limited to: tax code, residential address, shipping address), whether voluntary or involuntary, will not result in the conclusion of the contract, with the order remaining suspended. The Selling Party will send a specific request to the email address indicated by the customer, who will have 5 days to provide and / or integrate the requested data. In the event that no written response is received within the aforementioned period, the contract will be considered terminated, and the sums will be retained by the Seller as compensation for damages, without prejudice to the right to request greater damages from the Seller.

1.9) The contract may also be concluded via email if specific needs of the Seller do not allow for the implementation of points 1.6 and 1.7 of these conditions. The Customer remains obliged to provide the billing data correctly. With this method the Customer will receive an email confirming the order and the request to accept the General Conditions of the contract.

2. Price and Payments

2.1) The price will be exclusively that indicated in the Order Confirmation, any variations must be shown in writing and signed by the parties.

2.2) Payments will be made through electronic instruments, bank transfer, cash on delivery

2.3) In the case of payment by electronic means and/ or bank transfer, the contract will be subject to a suspensive condition until the sums are credited, with the Seller not having any liability, directly and / or indirectly connected to the supply which is the object of the contract, without prejudice to the Seller's right to request compensation for damages in the event of non-payment of the order.

2.4) The Customer will also be responsible for any stamp duty and any other tax or duty, as well as any fiscal charge that may have an impact on the price.

3. Delivery of Goods - Seller's Obligations and Exclusions

3.1) The goods are deemed to be delivered upon delivery to the address indicated by the Customer at the time of order confirmation.

3.2) In the event of a change in the address indicated and / or the places of delivery of the goods purchased by the Customer, where these are not communicated promptly, no direct or indirect liability will be attributable to the Seller.

3.3) Upon delivery of the goods, they are entrusted to and safeguarded by the Customer

4. Delivery Times

4.1) The terms of preparation, shipping and delivery, however indicated, are not binding and must therefore be understood as an approximate estimate, without any obligation for the Seller.

The following delivery times are indicatively envisaged:

- 30 working days from the payment of the order and / or the crediting of the sums to the Seller's current account

4.2) The Seller may postpone delivery, even for reasons other than force majeure, for a period of a further 30 working days, starting from the date of delivery of the goods as set out in point 4.1.

4.3) The Seller shall not be liable for any disruptions attributable to force majeure of any nature and kind, in the event that it is unable to execute the requested supply within the agreed timeframes and those set out in the Conditions of Sale. Causes of force majeure include, by way of example and not limited to, measures by the Public Authority, strikes by its own employees, employees of third-party companies or employees of courier carriers used by the Seller, as well as any other circumstance that is beyond its control or independent of the latter.

4.4) In all cases referred to in points 4.2 and 4.3, the Customer may not claim any compensation, and any delays within the above terms will not give the right to terminate the contract and to reimbursement of the sums paid , excluding any claims for compensation by the Customer.

5. Transport – Responsibilities and Charges

5.1) By signing the order note and these general contract conditions, the Customer expressly declares that he is aware of the fact that the goods referred to in the contract may be damaged during transport.

5.2) In the event that the goods are damaged during transport, the Seller undertakes to replace them within a reasonable time frame and no later than 60 working days from the date of delivery of the goods.

5.3) In all cases referred to in points 5.1 and 5.2, the Customer may not claim any compensation, and any delays within the above terms will not give the right to terminate the contract and to reimbursement of the sums paid, excluding any claims for compensation by the Customer.

5.4) The terms for reporting defects start upon delivery of the goods to the place indicated in the Order Confirmation.

6. Damage to materials - reporting defects for non-consumer customers

6.1) The Non-Consumer Customer must check the condition of the goods upon delivery and must report any damage within and no later than 8 days.

6.2) The terms for reporting defects start upon delivery of the goods to the place indicated in the Order Confirmation.

6.3) The guarantees for damages caused by incorrect use of the goods as described in point 9.8) of these General Contract Conditions are excluded.

7. Refusal of Goods

7.1) In the event that the Customer refuses, without justified reason, in whole or in part the goods referred to in the contract, the latter is required to pay the Seller 100% of the contractual value of the product, without prejudice to the Seller's right to request compensation for damages.

8. Retention of Title - Solve et Repete Clause

8.1) In the case of deferred payments, the sale is deemed to be made with a reservation of ownership in favour of the Seller until full payment of the entire sum due, with the Customer expressly prohibited from transferring the goods.

8.2) The Customer, if he has not paid the price, undertakes not to establish in favour of third parties any rights whatsoever on the goods themselves or to transfer them to a place not previously known and communicated to the Seller. Failure to comply will be assessed for the purposes of the aggravated liability of the purchasing party.

8.3) The Seller is authorised to bring the contract and the retention of title agreement to the attention of interested third parties.

8.4) The Customer acquires ownership only upon full payment of the supply.

8.5) the customer may not in any case deny or delay payments at the agreed due dates by citing or raising any disputes, even in the event that there has been timely and valid notification of defects.

9. Warranties

9.1) All products sold by the seller are covered by the legal guarantee of twenty-four (24) months for lack of conformity. In the event of receipt of Products that do not comply with the orders or are defective, the Consumer Customer must communicate this within 2 months of discovering the lack of conformity.

Beyond this deadline, the Seller will therefore not be responsible for any defects in conformity found by the Consumer.

9.2) The non-consumer customer must report any defects within 8 days under penalty of forfeiture.

9.3) In the event of replacement or repair of the Product, the terms of the warranty relating to the Product given in replacement or resulting from the repair are the same as those of the original product. Therefore, the overall two-year duration of the legal warranty will in any case start from the Delivery of the original product.

9.4) In case of replacement or repair of the Product, the seller will contact the carrier who, subject to its availability, will collect the goods.

9.5) The seller reserves the right in any case to verify the contested non-conformity and in case of confirmation will arrange for the shipment of the replacement goods or the refund of the amounts paid.

9.6) To benefit from the guarantee it is necessary to show the purchase documents.

9.7) If repair or replacement are impossible or excessively onerous, the Customer may request, at his/her discretion, a reduction in price or termination of the contract. It is understood that in determining the amount of the reduction or the sum to be returned, the use of the goods will be taken into account and that a minor defect, for which it was not possible or it is excessively onerous to carry out the remedies of repair or replacement, does not give the right to termination of the contract.

9.8) The warranties described herein cover manufacturing defects only and do not cover damage caused by improper or unreasonable use, negligence, accidents, abrasions, exposure to extreme temperatures, solvents, acids, water, normal wear and tear or improper handling of the goods. Cosmetic damage such as scratches, dents, stains, changes in color or other non-functional changes in the appearance of the Product are excluded.

9.9) In any case, for the regulation of the legal guarantee, reference is made to the provisions of Directive 1999/44 / EC of the European Parliament and of the Council of 25/05 / 1999 and, in particular, to the rights referred to in art. 3 of the same. With reference to the Italian legal system, reference is made to the discipline of articles 128 to 135 of the Consumer Code and, in particular, to the rights referred to in art. 130 of the Consumer Code.

10. Applicable law and competent court

10.1) This contract is governed by Italian law.

10.2) For any dispute relating to the validity, interpretation or execution of the Contract, the territorial jurisdiction belongs exclusively to the judge of the place where the Seller has its registered office. The mandatory jurisdiction of the judge of the place of residence or domicile of the Consumer Customer is reserved, if located in the territory of the State, pursuant to the Consumer Code.

11. Exclusion of the Right of Withdrawal

11.1 By signing this document, the Customer declares that he/she has been informed that the goods covered by the contract, even those of the standard type, have the character of a product made to measure and personalized by the customer, as described in point 1 of the contract conditions. Therefore, the right of withdrawal is excluded pursuant to art. 59 of the Consumer Code.

12. Privacy Protection

12.1) The Customer, in accordance with art. 13 of EU Regulation 6 79 / 16 ("Regulation on the processing of personal data - GDPR"), declares that he has read the information when filling in the online forms necessary to complete his purchases.

12.2) The Customer hereby authorizes the Seller to exhibit, film and disseminate the manufactured and installed products for advertising purposes, expressly renouncing any financial request, directly and/or indirectly connected with the advertising of the bags.

13. Invalidity of Clauses

13.1) In the event that one of the General Conditions or part of it is deemed invalid or inapplicable, such invalidity will not invalidate the remaining part of the clause or the General Conditions which will continue to have full application. The articles of the General Conditions found to be invalid or inapplicable will be replaced by other legally permitted clauses that will allow the General Conditions to have a content as close as possible to the General Conditions.

The User expressly declares to have read the General Contract Conditions reported above and to approve, pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, as well as pursuant to articles 33 and 34 of the Consumer Code, the following points:

1.2) - 1.3) - 1.4) - 1.5) - 1.8) – 2.3) – 2.4) - 3.2) - 4.1) - 4.2) - 4.3) - 4.4) - 5.2) - 5.3) - 5.4) - 6.1) - 6.2) - 6.3) – 7.1) - 8.1) - 8.2) - 8.5) - 9.2) - 9.3) – 9.5) - 9.7) - 9.8) – 10.2) - 11.1) – 12.2)