General Terms and Conditions for the Provision of Services and Sale
The general sales conditions described here apply to the services requested and purchases made on the www.nesiaearth.com site owned by Francesca La Rovere VAT number 08231890727. In no way they are applicable to the supply of services or the sale of products by subjects other than Nesia eARTh that may be present on the same site through the link, Banner or other hypertext links.
The User is required, before accessing the services and products provided by the site, to read these General Terms and Conditions for the Provision of Services and Sale. Any purchase made through this site implies full and unreserved acceptance of these Terms and Conditions of Sale and Delivery. Nesia eARTh reserves the right to modify the aforementioned conditions at any time and without notice, in this case the same are to be considered effective only after publication on the site and applicable to orders concluded from the date of publication on the site.
PROVISION OF SERVICE AND PURCHASE METHOD
Each part of the online order that is sent, must be filled in and must contain the information necessary to identify the Customer, the service or products ordered, as well as the exact address of the place of delivery, on penalty of nullity.
For the services provided Nesia eARTh will send a customized offer whose payment will be accepted by the Customer.
The order form and / or offer will be archived for the period of time necessary to fulfill the order and, in any case, according to the law.
Orders are final from receipt of payment.
Prices, unless otherwise specified, refer to the quantity of 1 single item and are indicated in euros and are inclusive of VAT where due, shipping charges are excluded and will be applied to the total order (see method and shipping costs).
FEATURES AND AVAILABILITY OF ARTICLES
The images have the only purpose of presenting the article and could show more articles together without this affecting the amount of sale. The colors displayed may differ depending on the device, display or monitor used, as well as in case of printing they may differ depending on the type of printer and type of printing used as compared to what is displayed on the screen. Nesia eARTh is not responsible for any inadequacy of the graphic representations of products shown if due to technical reasons, since the representations have merely illustrative functions.
Product availability refers to actual availability at the time the order is placed. This availability must however be considered purely indicative because, due to the simultaneous presence of several users on the site, the products could be sold to other customers before the order confirmation.
Some items available on the shop are made only on order and the relative times of realization are specified in the description of the product itself and will start from the first working day following receipt of payment.
The download of digital files will be available once payment is made.
The timing and method of delivery of the services supply and realization of the personalized projects will be indicated to the Customer in the quotation.
The data relating to prices and availability of the items shown on the site are subject to update without warning: it is therefore the Customer’s responsibility to check the final sale price, before sending the order form. In any case, the prices published on the Site at the time the order is sent will be applied to the Customer.
In particular periods of the year Nesia eARTh may not be able to ensure the availability of all the items offered and / or the normal timing of realization and therefore she cannot be considered responsible for the temporary unavailability of one or more articles or longer times. Except for stipulated in the RIGHT OF WITHDRAWAL section, the sending of the order by the Customer is also an acceptance of a possible partial delivery, that is limited to the items available in the context of those ordered, that is longer realization times as well as renouncing to request compensation for this and / or refund. Nesia eARTh undertakes, in accordance with the law, to promptly inform the Customer of any unavailability of the ordered item or of inward transfer times other than those specified in the description of the ordered item.
TERMS OF PAYMENT
Your privacy and security are very important.
You can count on Secure connection thanks to the SSL certificate installed on this site and on the safest and most reliable system for paying online by PayPal.
The payment of the order by the Customer will be made using the method chosen when placing the order and simultaneously sending the order.
The purchaser is required to pay the total amount of the order, which will be taken into account and sent only after receipt of the sum by Nesia eARTh. In case of non-payment, the seller reserves the right to cancel the order after waiting for 5 days.
Payment can be made via PayPal using your PayPal account or your credit card, prepaid card with no need of registration or of having a PayPal account.
Payments by PayPal are available by accessing directly from your PayPal account, or using the PayPal platform as guest users: the data relating to the account and credit card will be managed directly by Paypal and subject to the data processing of paypal.com. The crediting of the payment is immediate. For more information, visit www.paypal.com
Payments by bank transfer are accepted only by the countries belonging to the SEPA area and limited to orders for customized services and projects. Payments by bank transfer from countries outside the SEPA area will not be accepted, and will not be reimbursed if made due to very high commissions.
Payments by bank transfer may take up to 5 days to be received.
The supply of services, the processing of orders and the production of items made only on demand will take place once payment has been received.
For items that are not immediately available and / or that are only made-to-order, the production times vary depending on the item and are specified in the description of the item itself, at this times shipping times will be added. The times for the production of the items available on the shop on demand will start from the first working day following receipt of payment.
For customized services and projects, production times will be specified in the quotation.
SHIPPING METHOD AND COSTS
The shipment in ITALY is carried out from Monday to Friday by registered mail or courier with tracking service and signature on delivery and the it is possible to choose between Standard shipping and Express shipping.
STANDARD SHIPPING costs € 8.50 including VAT with delivery in 4-6 working days with two delivery attempts.
EXPRESS SHIPPING costs € 10.00 including VAT with delivery in 1-3 working days with two delivery attempts.
In the absence of the recipient the courier will leave a notice of non-delivery indicating the day planned for the second attempt. If even in the second delivery attempt the recipient is absent, the courier will leave a notice indicating the post office where it will be possible to collect the package no later than 10 working days.
The address provided by the Customer must be complete and correct in all its parts. The seller doesn’t take the responsibility for non-delivery due to an incorrect address and for failure to collect within the time specified by the courier.
The shipping costs include eco-sustainable packaging and are fixed, they do not vary with the number of purchased items that will be grouped in a single shipment. Therefore, orders that include only immediately available items will be shipped on the first working day following receipt of the payment, while orders that include items made-to-order and / or customized services and projects, will be shipped according to the realization times as specified above.
Delivery times shown are for information only and delays can occur for the islands, deprived areas and in particular periods of the year due to causes independent of Nesia eARTh, therefore any delay cannot give rise to any claim by the Customer.
Shipping by FedEx is active for EU countries listed below, UK and US.
EU SHIPPING costs € 20.00 including VAT with delivery in 2-3 working days.
UK SHIPPING costs € 22.00 including VAT with delivery in 2-3 working days – delays may occur due to customs checks.
US SHIPPING costs € 25.00 including VAT with delivery in 2-3 working days – delays may occur due to customs checks.
The address provided by the Customer must be complete and correct in all its parts. The seller doesn’t take the responsibility for the event of non-delivery due to an incorrect address.
The shipping times shown are for information only and are not guaranteed. Delays can occur in particular periods of the year and due to causes independent of Nesia eARTh. Any delay in shipping may not give rise to any claim by the Customer.
EU countries list: Austria – Belgium – Denmark – Finland – France – Germany – Greece – Ireland – Luxembourg – Holland – Poland – Portugal – Spain – Sweden – Hungary.
For countries that aren’t listed, you can request a shipping quotation by sending an e-mail to firstname.lastname@example.org specifying the city and country of destination and the services and / or items you want to buy. You will receive a quotation indicating the shipping costs, estimated delivery times and order processing and instructions about how to proceed if you wish to confirm the order.
WARRANTIES AND LIMITATIONS OF LIABILITY
The responsibility of Nesia eARTh ends when the customer receives the items purchased or the service provided. Nesia eARTh doesn’t take the responsibility for any legal responsibility nor provides any direct compensation for potential damages, direct or consequential accidents, loss of profits, problems of any extent and nature that occurred to the customer in using articles and services, including the website.
Nesia eARTh, within the limits of availability as described above, guarantees the delivery of products that comply with the descriptions entered on the site, the images on the site have the only purpose of facilitating the recognition of the products. The colors of articles and printed files may differ from those displayed on the screen.
RIGHT OF WITHDRAWAL AND REIMBURSEMENT OF ORDERS ACCORDING TO ITALIAN LAW
For non-customized orders:
In accordance with the Consumer Code (Legislative Decree no. 206/2005), article 14 (Right of Withdrawal), the customer has the right to withdraw from its purchase within 14 days from the date of purchase itself, obtaining a refund equal to the purchase price, excluding shipping costs paid for the receipt of the item. Shipping costs for returns have to be paid by the Customer. The right of withdrawal is applicable, in accordance with the Consumer Code, if and only if the goods are in the same conditions they were delivered, except for the normal verification of the customer as soon as they are received. The return will be accepted only upon written notice to the e-mail address email@example.com clearly indicating the item (s) purchased for which the withdrawal right is intended to be exercised. The returned item must be sent in perfect conditions, in its original packaging (complete with bags or closures) without ever having been used, washed, opened from its original packaging or damaged. Used, open, broken or damaged items will not be refunded. If the procedure is carried out correctly and the right of withdrawal is applicable, the customer will be contacted by e-mail with instructions for receiving the refund. Nesia eARTh will be entitled to withhold the reimbursement until she receives the items. All risks of loss or damage to the items during shipment to Nesia eARTh for the return shall be beared by the Customer.
The right of withdrawal is not applicable and therefore the following articles and services cannot be subject to reimbursement of any kind:
- Customized items
- Out-of-catalogue items made to order by the customer
- Customized services
- Services made specifically for the customer
- Digital downloads
ACCEPTANCE OF THE GENERAL CONDITIONS OF DELIVERY SERVICES AND SALE
The contract stipulated between Nesia eARTh and the Customer is considered concluded with the acceptance of the order and / or quotation by Nesia eARTh.
By placing an order in the various ways envisaged, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions previously drawn up.
The Customer undertakes and is obliged, once the online purchase procedure has been completed, to print and keep these General Terms and Conditions of Sale and Delivery.
It is forbidden for the Customer to provide data, in whole or in part, that are not true in the forms necessary to activate the process for the execution of the contract and the related further communications: the personal data and the email must therefore be own real personal data and not of third parties and / or fantasy.
The guarantee of the successful completion of the payment that the Customer makes with the means indicated above as well as the obligations that the Customer accepts in accordance with the preceding prediction, are essential, so that, by express agreement, the default by the Customer of only one of previous said obligations will determine the termination of the contract pursuant to art. 1456 of the civil code, without the need to appeal to judicial action; except for Nesia eARTh’s right to take legal action for compensation for any further damages.
COPYRIGHT AND ANGEL POLICY
All the material on this site, ideas, texts, fonts, logos and photographic material are intellectual property of Francesca La Rovere (alias Nesia eARTh) independent and protected by national and international laws in force on Copyright.
Any type of total or partial reproduction without prior written authorization is prohibited.
For all articles, products, digital files and services on the site or made-to-order items and commissions, any form (digital or physical), of reproduction, copying, distribution, sharing, mass production and creation of kits to share or resell is absolutely prohibited. Only personal use is permitted. All digital files come with a Standard Licence for personal use only. All copyrights remain with Nesia eARTh and is not transferred upon purchase. A licence cannot be transferred to any other user or organization. You may not use the design files for branding or in any digital form such as (but not limited to) website design, banner, clip-art, layouts, kits, logos, etc. if it is not expressly allowed in the licence attached to the purchase. Any creation, image or post that contains / shows elements, products, articles by Nesia eARTh must be accompanied by the relative reference to copyright.
If you have any interest in commercial use of any product, you can contact Nesia eARTh directly at firstname.lastname@example.org to consider the possibility of purchasing a licence for commercial use purposes.
By purchasing and downloading Nesia eARTh’s products, you agree and are bound to the copyright agreement.
DISPUTES AND APPLICABLE LAW
The contracts stipulated at a distance with Nesia eARTh are governed by the Italian law and, although not expressly provided for, the relevant laws are applied. Civil disputes concerning the application, execution and interpretation of the distance selling contract are exclusively subject to Italian jurisdiction. The jurisdiction falls under the Court of the place of location of Nesia eARTH.
PRIVACY AND COOKIES