TERMS OF SERVICE
1. General provisions
1.1 These General Terms and Conditions of Sale (hereinafter referred to as “General Terms and Conditions”) govern all sales of Naim Collection products (hereinafter referred to as “Products” or “Products”) that are concluded remotely on the www.naimcollection.com website (hereinafter referred to as the “Site”).
1.2 The distance selling service governed by the General Conditions is reserved exclusively to consumers (hereinafter “Customers” or “Client”);
‘consumers’ means natural persons, over 18 years of age, acting for purposes outside their own commercial, business, craft or professional activities.
1.3 The language used for the conclusion of sales contracts through this Site is English.
1.4 Customers are required to carefully read the General Conditions, available on the Site, in order to take note of them, to store and reproduce them.
Naim Collection (as defined below) will send a copy of the General Conditions to the Customer pursuant to Article 5.10 of these General Conditions.
Contracts with Customers will be filed by Naim Collection for the period provided for by applicable law.
2. Identification of the seller
2.1 Registered office in: Via Borgata Sala, 13836, Cossato (BI)
3. Information on products and their availability
3.1 The information regarding the Products, together with the Product codes and their price, are available on the Website.
3.2 Naim Collection reserves the right to limit, at any time, the quantity and/or type of Products available on the Website.
The style, models and colours of the Products described on the Site may be changed without notice.
During the purchase procedure, if the order cannot be processed due to the unavailability of the Product ordered, the Customer will be notified via an automatic message.
Naim Collection is not liable to the Customer in case of unavailability of a Product if this occurs before the conclusion of the contract.
3.3 Naim Collection is in no case liable for any errors arising from the failure of the Customer’s connection to the Site.
4.1 The price of the Products indicated on the Website is expressed in Euros and includes all applicable taxes. The price of the Products must be added to any delivery costs, which will be indicated separately in the order form, if provided.
4.2 Naim Collection constantly verifies the accuracy of the prices indicated on the Site; however, it is not possible to guarantee the absence of errors. In the event that an error occurs in the pricing of a Product, Naim Collection will reject the order and offer the Customer the opportunity to purchase the product at the correct price. If the error is found only after the acceptance of the order, Naim Collection will offer the Customer the opportunity to cancel the order.
5. Conclusion of the contract
5.1 The Site contains the essential features and the price of each Product.
5.3 To make the purchase of a Product the Customer must
(1.) insert the selected product in the “Shopping Cart” by clicking on the appropriate button,
(2.) fill in the order proposal,
(3.) select the payment method,
(4.) accept the General Conditions and
(5.) forward the order proposal to Naim Collection via the Site.
5.4 The transmission of the order proposal constitutes a purchase proposal relating to the selected Product, governed by these General Conditions and binding on the Customer, without prejudice to the right of withdrawal provided for in article 10 below. The transmission of the order proposal by the Customer entails the obligation of the latter to pay the price of the Products ordered.
5.5 Before submitting the order proposal, the Customer has the possibility to make any corrections/ changes to the data entered by following the appropriate procedure indicated on the Website (by way of example and not exhaustive, the Customer has the right to change the quantity of the Products he intends to purchase by adding or removing one or more Products from the “Shopping Cart”).
For the provision of part of the Services it may be necessary to use electronic communication channels (such as e-mail, SMS or telephone).
You agree to be contacted by Naim Collection or the courier who will handle the shipment for communications related to the Services via SMS, e-mail or other electronic technology.
5.7 Naim Collection may, at its discretion, refuse an order proposal within 30 days of receiving the order. In this case, no amount will be owed by the Customer to Naim Collection.
Naim Collection may reject an order proposal, without limitation and without limitation, in the following cases:
(1.) in the event of unavailability of the Products (without prejudice to Article 3.3); or
(2.) where there is a report, or suspicion, of fraudulent or illegal activity, including a suspicion that purchases are being made for commercial purposes;
(3.) in the event of failure by the Customer to fulfil its obligations under a previous contract with Naim Collection.
5.8 The contract between Naim Collection and the Customer is concluded when the Customer receives confirmation from Naim Collection of acceptance of the order proposal (“Order Confirmation”).
Acceptance (or refusal) by Naim Collection of the order proposal will be sent to the Customer at the e-mail address indicated by the Customer in the order proposal.
5.9 In case of unavailability of one or more Products ordered the Customer will be notified by e-mail.
In this case, the order proposal is cancelled, or accepted only for the Products available.
In case of partial acceptance, the Customer is required to pay only the price of the Products available (if payment is made by credit card, the Customer will be charged only the amount corresponding to the Products available).
5.10 In accordance with the provisions of article 51, paragraph 7, of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), the Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and the method of payment, information on delivery costs, if any, the conditions and procedures for exercising the right of withdrawal (including the indication of the exclusion from the right of withdrawal in the case of personalised Products), information on after-sales services and on existing commercial guarantees and a copy of these General Conditions.
5.11 After receipt of the order confirmation, the order can no longer be cancelled or modified. The return of the Products already shipped must be carried out in accordance with the procedure laid down in the following article 10.
5.12 The risk of loss or damage of the Products is transferred to the Customer when the latter (or a third party designated by the Customer and other than the carrier) becomes materially in possession of the Product.
6. Methods of payment
6.1 The Customer may pay the Products contained in the order proposal and the shipping costs by credit card or Paypal.
6.2 The debiting of transactions on the Customer’s credit card will be made only after:
(1.) credit card details have been verified;
(2.) authorisation to debit the credit card used by the Customer has been received by the issuing company, and
(3.) the availability of the Product by Naim Collection has been confirmed.
7. Transport and delivery
7.1 Purchased Products will be delivered by courier selected by Naim Collection (hereinafter “Courier”) on working days. The Products will be delivered to the address indicated by the Customer in the order proposal.
7.2 At the time of delivery. the Customer (or its delegate) must:
(1.) check that the number of packages delivered corresponds to that indicated in the delivery note;
(2.) check that the packaging and its seals are intact, not damaged, not wetted or altered in any way;
(3.) sign the delivery document; and
(4.) if requested by the Courier, present an identity document.
Any damage to the packaging and/or Products or the mismatch of the number of packages or indications must be immediately contested in writing on the delivery note of the Courier.
Where permitted by current legislation, once signed the document of the Courier without the Customer having raised any exceptions, the Customer will not be able to oppose any dispute about the external characteristics of the package delivered; It is understood that the Customer may also raise disputes later, as provided for in the following article 12 where such disputes relate to the Products.
7.3 The delivery costs, if provided to the Customer, will be highlighted separately in the order form.
7.4 Shipping areas and related expenses:
(1.) Italy: €15
(2.) Europe; Belgium, Denmark, Finland, France, Germany, Ireland, Luxembourg, Monaco, Netherlands, Portugal, San Marino, Spain, Sweden: €25
(3.) New Europe; Albania, Bulgaria, Cyprus, Croatia, Estonia, Greece, Latvia, Lithuania, Malta, Poland, Czech Republic, Romania, Slovakia, Slovenia, Switzerland, Hungary: €30
8. Confirmation of shipment and delivery
8.1 Naim Collection will send the Customer an e-mail confirming that the Products have been shipped, as well as a second e-mail confirming that they have been delivered.
9. Packing or packaging
9.1 Products purchased on the Site are delivered using branded packaging.
10. Right of withdrawal
10.1 Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or its delegate upon receipt of the Products) enters materially in possession of the Products themselves or, in case of split delivery, from the day on which the Customer enters materially in possession of the last Product.
10.2 In order to exercise the right of withdrawal, the Customer must send by e-mail or traditional mail (within the deadline set in the previous article 10.1) a communication indicating the Customer’s intention to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code; such communication must contain the following information:
(1.) indication of the Product for which the Customer wishes to exercise the right of withdrawal;
(2.) order number.
The communication must be sent to the following e-mail address:
10.3 Within 14 (fourteen) days of the notice of withdrawal (transmitted in accordance with the previous article 10.2) the Customer shall return to Naim Collection the Products purchased by sending them to the following address, choosing the shipping method most appropriate to the value of the products to be sent to the following address:
Via Borgata Sala, 13836, Cossato (BI).
Unless otherwise stated on the Site, the costs of returning the Products to Naim Collection are borne by the Customer.
The Products must be returned intact, unused, undamaged and with the labels still attached.
In case of depreciation of the Products, due to a handling of the same that is not strictly necessary to verify the nature and characteristics, Naim Collection reserves the right to refuse the reimbursement of the Products.
The Customer is solely responsible for any decrease in the value of the Product resulting from a handling of the Product other than that necessary to ascertain its nature, characteristics and operation.
10.4 Naim Collection will refund the full amount paid by the Customer, including any reasonable delivery costs, within 14 (fourteen) days from the date on which Naim Collection received the Products returned by the Customer. This refund will be made by Naim Collection with the same payment methods used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties and provided that the Customer does not have to incur additional expenses for such reimbursement.
11. Replacement of products
11.1 Without prejudice to the Customer’s rights under Articles 10 and 12 of these General Conditions, except for the Personalised Products referred to in Article 11, Naim Collection shall grant the Customer the possibility of replacing the Products purchased on the Website. To this end, the Customer shall:
(1.) upon receipt of the Products, please contact Naim Collection by email at:
(2.) no later than 14 (fourteen) days from the date on which it received the Products, send the same to Naim Collection, in the original state in which they were at the time of receipt (avoiding to detach the labels), together with the form indicated for returns. Unless otherwise indicated on the Site, the delivery costs related to the return of the Products are charged to the Customer.
11.2 The Products must be returned intact, unused, undamaged and with the labels still attached. In case of depreciation of the Products, due to a handling of the same that is not strictly necessary to verify the nature and characteristics, Naim Collection reserves the right to refuse the replacement of the Products.
The Customer is solely responsible for any decrease in value
the Product resulting from handling the Product other than that necessary to ascertain its nature, characteristics and functioning.
11.3 Naim Collection will refund the amount paid by the Customer in the same payment methods used by the Customer for the purchase, no later than 14 (fourteen) days from the receipt by Naim Collection of the returned Products.
11.4 Naim Collection will agree to exchange upon verification of the availability of the requested replacement Products.
11.5 The replacement will be processed by Naim Collection in the same manner as for each new order, and therefore the same terms and conditions will apply to the initial order of the Customer in accordance with these General Conditions. In particular, if the Products that the Customer intends to replace have been paid by credit card, Naim Collection will first refund the price originally paid, then charge the price of the Products requested to replace.
12. Lack of conformity
12.1 If the Products sold by Naim Collection are defective in production or any alleged lack of conformity, the Customer will be required to contact the Service online, by e-mail or by mail, at the addresses indicated below:
c.a. Online Sales Assistance (Online Sales Assistant):
12.2 The sale of the Products is subject to the legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code. Pursuant to these regulations, the Customer has the right to obtain the complete restoration of the conformity of the goods by means, at his choice, repair or replacement, and at no cost to him.
In the event that one of these remedies is objectively impossible or excessively expensive compared to the other, according to the provisions of article 130, paragraph 7, of the Consumer Code, the Customer may obtain a fair reduction in the price of the Products or, alternatively, the termination of the contract.
The Customer shall forfeit those rights if he does not report the alleged lack of compliance to Naim Collection within 2 (two) months of the date on which he discovered the defect.
In any case, the action to assert an alleged lack of conformity is prescribed by law within 26 (twenty-six) months from the date on which the Products were delivered to the Customer.
12.3 In the event that the Customer requests the repair or replacement of the Products due to an alleged lack of conformity of the same in the terms referred to in this article 12, the delivery costs for returning the Products to be repaired or replaced to Naim Collection, as well as all expenses for returning the repaired or replaced Products to the Customer, will be borne solely by Naim Collection.
13. Guarantee of authenticity and intellectual property rights
13.1 Naim Collection guarantees the authenticity of all Products purchased on the Site.
The “Naim Collection” branded Products are made with quality materials, are hand-made and are all strictly and fully DESIGNED IN ITALY.
13.2 All the marks “Naim Collection” means the figurative and/or formal trademarks found on the Products, their accessories and/or packaging, as well as all copyrighted illustrations, images and logos, and, more generally, all intellectual property rights relating to the Products, are and will remain the exclusive property of Naim Collection.
14. Applicable law and jurisdiction
14.1 These General Conditions and, consequently, the contracts concluded with Customers are governed by Italian law (in particular, the Consumer Code and Legislative Decree no. 70 of 9 April 2003, “E-commerce Decree”) and must be interpreted according to it.
14.2 Disputes arising from the interpretation, validity and/or execution of these General Conditions shall be devolved to the jurisdiction of the court of the Client’s place of residence or domicile.
15.1 For further information and assistance on the Site or on online purchase methods, the Customer may contact Naim Collection at the following addresses: