Terms of Sale and Legal Notices

With regard to any sales relationship between NeroModena and the consumer, starting from 01/01/2020, only the terms and conditions listed below are applied and considered valid, regardless of the means of communication used. The consumer recognizes the exclusive validity of the NeroModena Terms and Conditions for the entire period of the sales relationship. NeroModena will not recognize any different list of Terms and Conditions. Each time the consumer enters into a sales contract using the NeroModena website, he implicitly accepts the Terms and Conditions as the basis for the entire sales relationship between the consumer and NeroModena.

The presence of a product in the Online Shop does not represent a legally binding offer, but rather has the value of a catalogue exempt from any obligation. By clicking on the "Send order" button, the consumer places a binding order for the goods contained in the cart.

Confirmation of receipt of the order will be sent immediately via automatic email at the moment the order is generated. This email does not represent acceptance of any contract by NeroModena. The stipulation of said contract occurs only with the receipt by the consumer of the email confirming shipment, said acceptance may occur within a period of two days (48h) from receipt of the order.

We will keep the text of the contract and send the consumer the details of the order via email.

It is always possible to consult previous orders in your user section, by logging in with the credentials provided at the time of registration.

If for any reason we are unable to accept the order or if any product in the order is not available, we will immediately notify the customer at the registered email address.

NeroModena reserves the right to withdraw from the sales contract in the event of printing, communication or calculation errors regarding the products presented on the pages of its website.

All offers are valid while stocks last. Since our suppliers may not be able to deliver products presented on the site, we reserve the right to cancel the sales contract stipulated with the customer. In this case, the customer will be informed by NeroModena without delay.

The amount previously paid will be refunded within 14 working days (with Saturday not considered a working day), or it can be used as a deposit or balance on a different product among those in stock. The conditions regarding returns will be discussed in the "Return Policies" section.

Cancellation rights The consumer has the right to cancel his contract within 14 days without having to provide any justification.

The 14-day period begins when the consumer or a third party (excluding the courier) takes possession of the goods.

Any intention to cancel and return must be communicated in advance to us, NeroModena, Via Ciro Menotti, 74

+39 059 460154

info @ neromodena.com

in the form of an unequivocal declaration (e.g. e-mail) of the decision to withdraw from the purchase and cancel the contract.

To fall within the cancellation period, simply communicate your intent before the 14-day period expires.

Consequences of cancellation: After the cancellation of the contract and the return of the goods, NeroModena will fully refund the payment received for the item, the refund will be issued within a period of between 1 and 14 days from receipt of the returned goods.

The refund will be made through the same payment channel used by the customer, unless expressly granted otherwise.

No type of refund will be subject to additional fees on our part.

NeroModena may refuse any refund until the moment of receipt of the goods.

The customer is obliged to send the goods without delay, and in any case within a maximum of 14 days from the moment in which he informed NeroModena of his desire to withdraw.

The goods must be sent to:

NeroModena SRL

Strada Gherbella, 133/E

41126 Modena (Mo)

Italy

The right of return does not exist in the following cases:

Customized material at the specific request of the customer or products at the request of the customer.

Material that, by its very nature, has been mixed inseparably with other objects after delivery.

Audio, video or software material in sealed packages from which the seal has been removed after delivery.

Returned items are sent at the customer's expense and at his own risk.

For deliveries, the address registered by the customer will always be used, unless otherwise indicated by the customer.

Delivery is entrusted to different companies depending on the country of destination.

The terms and costs of the service are indicated on the website.

If delivery is not possible due to the absence of the customer at the address provided, even if the delivery time has not been indicated or the address provided to us is incorrect, the customer is required to cover the costs of the failed delivery, whether storage costs or reshipment costs.

The customer assumes all transport risks from the moment he takes possession of the goods, if the collection takes place at a delivery warehouse.

Delays in delivery or services that depend on causes of force majeure are not the responsibility of NeroModena.

Such events give NeroModena the right to suspend delivery for the period concerned or to cancel the contract with the customer, fully refunding the amount paid by the customer.

Force majeure events include strikes, natural disasters, wars, traffic blockades, import and export restrictions and other restrictions independently occurring to NeroModena or its distributors.

NeroModena will inform the customer as quickly as possible in the event of delays due to force majeure events. Deliveries are made throughout the European Union.

All prices on NeroModena are net prices, including the current VAT rate and shown in Euros.

Prices displayed at the time of ordering are valid until otherwise communicated.

Customs costs to Switzerland and Norway are the responsibility of the customer.

Transactions are carried out in Euros, in certain countries there may be differences in exchange rates for currencies other than the Euro.

NeroModena converts currencies based on the exchange rate of the European Central Bank.

Customers outside the European Union can order if the destination country is listed in the "shipping" section.

Payment of specific taxes of the destination country is the customer's responsibility and is not part of NeroModena's obligations. Any related customs charges must be paid by the customer.

The customer can complete the payment using all the methods indicated in the appropriate section, cash on delivery payments are only possible in Italy.

In the case of cash on delivery payments, a supplement is foreseen, which is indicated during the order completion phase.

In case of payment via Pay Pal, the shipping address remains the one indicated during registration on the site.

The warranty period is based on the laws that regulate the subject. The warranty period lasts two years and begins from the moment the customer receives the goods.

Any claims against NeroModena that exceed the two-year warranty period based on the manufacturer's warranty are excluded to the extent that this is legally permitted.

Any claims based on the manufacturer's warranty must be filed against the manufacturer who issued the warranty.

The warranty does not cover consumption and wear due to normal use of the goods.

If a defect in a purchased item is proven to be NeroModena's responsibility, NeroModena is authorized to repair or replace the product, or provide a reduction in the price of the item paid in agreement with the customer.

If NeroModena is unable to repair or replace the product or if these interventions exceed the appropriate timeframes, the customer has the right to request and obtain the termination of the contract.

In the event of a warranty claim on an online purchase, the customer can return the product to our reference address.

If the product is found to be free from defects that fall under the warranty, NeroModena will charge the customer for all costs incurred in checking and returning the product.

NeroModena is excluded from any liability regarding claims for damages resulting from a defect in the product, including loss of money or claims for compensation by third parties against the customer.

All consequent claims will be rejected as per the law

ATTENTION:

Any dispute outside the warranty dispute, especially claims for damages, will be rejected as per the law. Thus, NeroModena is not liable for any type of damage not directly caused by the defective item, especially in the case of economic damages or loss of profit for the customer.

Just as any liability of NeroModena is excluded, any personal liability of its employees, representatives or agents is also excluded. The exclusion of liability is not applicable when the damage is the result of intent or gross negligence. NeroModena does not accept responsibility in the event that the service offered by the website is interrupted or in the event of loss of data saved by the user. The customer agrees that no product is sent with particular adjustments already made, these will have to be made by the customer himself.

The links to external sites present on NeroModena are only references to such sites, NeroModena does not identify with the content of such sites and in any case does not accept responsibility for the content of such sites.

When ordering, the customer is obliged to provide correct data. If there is a change in the customer's data, especially name, address, email address, telephone number, the customer is obliged to inform NeroModena without delay to change the data provided. If the customer provides incorrect data, especially the email address, NeroModena reserves the right to withdraw from the contract.

NeroModena applies Italian law. In all legal matters, Italian law applies exclusively to all legal relationships between NeroModena and the customer, to the extent permitted by law and with the exception of matters falling within the scope of the United Nations sales law.

All data collected by NeroModena are used and processed solely under the provisions of current data protection laws.

If any clause or point of the contract is found to be inapplicable or unenforceable, the validity of the remaining provisions of the contract remains unaffected. Practical provisions whose effects come closest to achieving the commercial objectives pursued by both parties through the ineffective/unenforceable provisions shall replace the ineffective/unenforceable provisions. The above provisions also apply if the contract is incomplete.