This agreement is subject to articles 45 – 67 of Legislative Decree No. 206 of 6 September 2005 n. 206 as amended (“Consumers’ Code”) and governs the sale and purchase on the web site www.nan-ban.com (the “ Site”) of different design, antique or vintage objects etc. (the “Products”). The agreement is entered into between Nanban di Pellicciari Francesca & C. S.a.s., with registered office at Via Carlo Goldoni 19 – 20129, Milan, Codice Fiscale,Registro delle Imprese and Partita IVA: 09383320968 (“ Nanban”), and the consumer (the “Customer ”).
The prices displayed on the Site are denominated in Euro and include VAT.
Costs of shipping are not included in the purchase price and are indicated at the end of the purchase process before payment is made.
The Customer acknowledges that Nanban reserves the right to change the prices at any time. Any price changes will not affect an order that has already been accepted by Nanban and confirmed by email to the Customer.
Order, Order Confirmation and Acceptance
By filling out and submitting the online purchase order, the Customer submits an offer for the purchase of the Products indicated in the order. The offer is deemed to be accepted upon issuance by Nanban of an email confirming the order and containing the person data of the Customer, the number of the purchase order, the price of the purchased Products, the costs of shipping, the address to which the Products will be shipped and the link to print these General Terms and Conditions of Sale. The Customer shall verify the accuracy of the personal data included in the email confirmation and notify Nanban of any correction thereof.
Payment of the Products shall be made through Stripe (https://stripe.com/it).
Processing of the Order, Shipping and Delivery of the Products
Nanban ships the Products to every country within the EEC. Terms of shipping and delivery are displayed on the Site. In any event, Nanban shall deliver the Products to the address indicated by the Customer within 30 days of the order. In case of failure by Nanban to deliver the Products within such term, Nanban shall reimburse any part of the purchase price of the Products already paid by the Customer.
Warranty of the Seller
Pursuant to articles 129 -135 of the Consumers’ Code, Nanban provides a warranty against lack of conformity of the Products at the time of the delivery of the Products. In such case, the Customer has the right to ask repair or replacement of the Products at no charge, or an adequate reduction of the purchase price or termination of the purchase order, pursuant to article 130 of the Consumer’s Code. The Customer has the right to enforce this warranty within two years of delivery of the Products, provided he/she notifies Nanban thereof within two months of the discovery of the defects.
One-Year Limited Liability of the Manufacturer/Importer
Nanban provides a one-year limited manufacturer/importer warranty against defects in materials and workmanship for any product directly imported by Nanban. The one-year limited warranty is on top and does not substitute the statutory warranty of the seller.
Obligations of the Customer
By filling out and submitting the purchase order the Customer represents: (a) to qualify as “consumer” under article 3 of the Consumers’ Code; (b) to be of age; (c) to have supplied all data required for the processing of the purchase order and that all such data are true and correct.
Cancellation of the Order
The Customer may cancel the order within 14 days of the receipt of the Products for any reason, with no penalty.
The Customer shall cancel the order by filling out and submitting the form available at here. Nanban shall promptly send to the Customer an e-mail to confirm receipt of the cancellation. Nanban notify the Customer of the terms of return of the Products.
The Customer shall return the Products (together with the original receipt of payment and packaging) within 14 days of the date of cancellation, pursuant to article 57 of the Consumers’ Code.
The Products must be free from damages and in the original packaging and must include user’s manual or other literature, cords, batteries, accessories and any other item included in the original packaging. Cost of returning the Products shall be on the account of the Customer. If Customer selects to return the Products using the standard delivery service of Nanban, the cost of returning the Products shall be the same charged by Nanban to ship the Products and shall be deducted from the amount refunded to the Customer following the cancellation of the order.
Subject to compliance with the above by the Customer, within the following 14 days Nanban shall refund the price of the Products (including the shipping costs, less the cost of returning the Products). Refund shall be made based on the original payment method. Pursuant to article 56(3) of the Consumers’ Code (as amended), Nanban may suspend refunding of the purchase price until it receives the Products (or proof that they have been shipped).
The Customer is responsible for the diminished value of the Products resulting from their improper handling or use.
Processing of Personal Data
Court of Competent Jurisdiction
Any dispute on the application, performance, construction or breach of the agreement shall be submitted to the Italian Court of the place where the Customer is resident or domiciled, or to the Court of Milan if the Customer is resident or domiciled abroad.
Out of court settlements
The Customer has the right to issue proceedings for the amicable settlement of the dispute before the bodies instituted at the Chambers of Commerce, pursuant to Law No. 580 of 29 December 1993, or to recourse to mediation proceedings provided by Legislative Decree No. 28/2010, as amended, pursuant to the terms provided by the body selected by the Customer which will administered the mediation proceeding.. this is without prejudice to the right to use the negotiation proceedings provided by article 2(2) of Legislative Decree No. 28/2010 as well as other applicable claim proceedings.
Form for cancellation of the order