NOUVELLE TERRE 2017

CONDITIONS OF SALE

The following general sales conditions (“General Conditions“) are applied on every sale made by NOUVELLE TERRE SRL company.
The General Conditions published on the Web site at the moment of the dispatch of the order made by the Customer will be applied to the purchase order in case of variations in the General Conditions.

PRICING


All the prices indicated on the confirmation of the order are expressed in Euro and they do not include the VAT. The delivery costs (the following “Delivery Costs”) are always missed out and shall be borne by the Customer and are adequately highlighted in the Purchase Order (the following “Purchase Order”).


PURCHASE ORDER

The Customer can buy only products that are in Nouvelle Terre’s online catalogue at the moment of the order forwarding and that are visible online at the address http:// www.nouvelleterre.it/, thus described in the related informative forms. It is implied that the image accompanying the descriptive form of a product is purely indicative and cannot be exactly representative of its characteristics          ; the images and the colors of the offered products on http:// www.nouvelleterre.it/ or of the environments reproduced cannot however be corresponding to the real ones as a result of the Internet browser and of the monitor used by the Customer.

The contract stipulated between Nouvelle Terre Srl and the Customer is concluded with the reception of the order by Nouvelle Terre Srl.

Nouvelle Terre encourages the Customer to verify with the maximum attention and cure the accuracy of the information contained in the Confirmation of the Order and to communicate Nouvelle Terre within 24 (twenty-four) hours from the its reception any eventual corrections.


PAYMENTS

The payment must be done exclusively in Euro. The payment terms are indicated in the Order confirmation and/or in the sales invoice.

In the event that it will be asked to Nouvelle Terre Srl to pay for any reason the VAT of the customer and penalties related to the VAT (for example in the event that the customer does not export the merchandise or that he does not provide the right VAT registration number), then the customer will have to reimburse Nouvelle Terre Srl the given costs.


DELIVERY

The purchased products will be delivered to the address indicated by the Customer in the purchased order. The Delivery Time indicated in the Order Confirmation is only indicative and not strict. Goods will be travelling for account and risk of the Customer and they will not insured without express Customer’s appointment. Delivery shall be deemed done by the time of loading at our warehouses, by the Customer himself or by any commissioned carrier, with the result that Nouvelle Terre Srl remains absolutely excluded from all liability, differences and/or defects found on cargo after releasing the Products from our facilities. If there are no other agreed delivery terms shall apply as preferred choice Ex Works (Incoterms 2000) used by Nouvelle Terre Srl.

Nouvelle Terre Srl is free of any liability on damages resulting from the non-delivery of the Products within their scheduled Delivery Time.

For every shipping outside the Italian territory, every custom duty, where applicable, will be entirely borne by the Customer.

Unless specifically indicated by our Customer Service, the delivery takes place on the road. At the moment of the goods delivery by the courier, it is required the presence of the Customer or of a trusted person in order to control that the packaging are intact and clean and that the Products received correspond to those reported on the Order.

The Customer must check:

  • That the number of packages delivered correspond to those reported in the transport document
  • That the packaging is intact, neither damaged, nor wet or altered, even in the closure materials (adhesive tape or metal straps).

Eventual damages to the package and/or to the product or the missing correspondence of the number of packages or of the indications, must be immediately notified, placing GOODS UNCHECKED WRITTEN on the courier’s proof of delivery specifying the reason of the goods unchecked (for example: crushed or perforated packaging, ecc…).

The Customer is obliged to send to the address nouvelleterre@pec.it  a communication of the occurred “collection with goods unchecked” and to attach also pictures demonstrating the damage. Once signed the courier’s document, the Customer cannot put forward any objection regarding the external characteristics of what has been delivered.

Eventual problems regarding the physic integrity, the correspondence or the completeness of the received products must be notified within 2 days from the occurred delivery, along with the modalities provided in the present document.

The delivery costs are to be borne by the Customer and are adequately highlighted throughout the “Order Confirmation”: they are based on the weight/volume/destination/shipment of the ordered products.



GUARANTEE AND LACK OF CONFORMITY


In case of lack of conformity of the Products sold by Nouvelle Terre Srl, the Customer must contact immediately the Customer Service to the address nouvelleterre@pec.it.

Nouvelle Terre Srl guarantees all the Products until the expiry date of the product and anyway for a maximum period of 12 months from the delivery date. For this reason only the transport document emitted by Nouvelle Terre Srl society is authentic.

The Customer has the right to substitute, or to have an adequate price reduction whether there are the guarantee conditions. The Customer loses such rights if he does not denounce to Nouvelle Terre Srl the lack of conformity within the end of 8 days from the date he figured out the defect, as long as it is not a Product that by its nature is perishable or subject to sell-by date in a shorter amount of time, in which case the defect must be notified within that reduced time.

The conformity and quality guarantee of the shipped goods offered by Nouvelle Terre Srl is strictly limited to the compensation of the customer in form of a reimbursement of the price of the goods, with the exception of every other indemnity. In particular Nouvelle Terre Srl will not be responsible of any other direct or indirect damage due to a defect of the product. It is understood that Nouvelle Terre Srl will not consider any complaints notified after the abovementioned terms.


ERRORS AND LIMITATIONS OF RESPONSIBILITY

Nouvelle Terre Srl’s responsibility cannot be in any case evoked whether a missing execution or a delay in the execution of one or more duties contained in the present contract derives from an unpredictable and insurmountable event caused by a third party or by case of force majeure. Nouvelle Terre uses the maximum cure in representing and describing with the maximum precision the characteristics of the Products of the Web Site. Every responsibility is yet declined in case of non-substantial difference between the reproduction of the Products on the Web Site and the Products delivered.

The information related to the Products furnished by the Web Site are constantly uploaded. Yet it is not possible to ensure the complete absence of errors for which therefore Nouvelle Terre cannot be considered responsible, unless in case of intentional fault or serious misconduct.

Except for intentional fault and serious misconduct, the Customer does not have the right to receive a compensation of the damages or a reimbursement, as well as any contractual and extra-contractual responsibility for direct or indirect damages to people and/or things, caused by the missing acceptance or evasion, even partial, of an order.


INTELLECTUAL PROPERTY

The products images on the Web Site www.nouvelleterre.it are to be considered purely illustrative and non-binding. The images of the products on sale on the website www.nouvelleterre.it are to be considered of exclusive property of Nouvelle Terre Srl and it is absolutely forbidden to copy or reproduce the same images for any other purpose without the approval expressed by the society itself.

Any other reproduction or representation, global or partial, of the elements of the website constitutes a counterfeiting that can involve the civil and penal responsibility of the author. It is severely forbidden to insert a hyperlink that flows into the website http://www.nouvelleterre.it using the so called «framing» o «deep linking» technique.




Compliants


Any eventual complaint must be forwarded to the Customer Service of Nouvelle Terre Srl writing to the e-mail  nouvelleterre@pec.it

 or through a recorded-delivery to the following address:

Nouvelle Terre Srl

Via P. Rossi, 5

83038 Montemiletto (AV) Italy


CUSTOMERS ASSISTANCE


The customer can ask any information about the modalities and procedures for the purchase, for the shipping of the products and the payment by contacting the Customer Service via e-mail to the address info@nouvelleterre.it.



Privacy

Under the law of the 31 December 1996 n.675, Nouvelle Terre Srl communicates to its Customers that the personal data given by themselves throughout the steps needed to complete the purchase order will be used in case of evasion of the order and for commercial, promotional, management and statistical purposes of an inner use. Given that these functions are fundamental, in case of a missing approval, the order cannot be shipped: with the forward of the order, Nouvelle Terre Srl will be authorized to the processing of the personal data for the abovementioned aims.

Nouvelle Terre Srl commits to not communicate these data to societies that can use them for commercial information purposes, for sending advertising material or for the realization of market research.


LEGISLATION APPLICABLE AND JURISDICTION

The sale contract between the Customer and Nouvelle Terre Srl shall mean concluded in Italy and regulated by the Italian Law. The court of Avellino will be exclusively qualified for the settlement of disputes related to the interpretation, execution and resolution of the present General Conditions or for the single purchase orders.



Under the article 1341 c.c. the Customer declares to have read, understood and accepted specifically the following articles of the present General Conditions: Prices; Purchase Order; Delivery; Guarantee; Errors and responsibility limitations; Intellectual Property; Complaints; Privacy; Legislation applicable and jurisdiction.