Termini e condizioni del servizio
TERMS & CONDITIONS
1. General information
1.1. The sale of products ("Products") offered on our website www.never-enough.it (the "Website"), with the "Never Enough" marks (the "Marks") is governed by these general conditions of sale ( the "Terms and Conditions")
1.2 CREATIVE TIME S.R.L. ("CREATIVE TIME S.R.L") reserves the right to apply specific contractual estimates (the "Specific Estimates") to any order (hereinafter "Order" or "Orders"). In that case, the contractual conditions applicable to an order will be both the specific terms and estimates, which are intended as independent contracts and separate from one another.
1.3 The Products are sold directly by Never Enough, a trademark of the Company: CREATIVE TIME S.R.L
1.4 CREATIVE TIME S.R.L is a company incorporated under Italian law with headquarters in Via Quarto, 9, 21010 Ferno (VA), Italy. VAT number: 03271040127
2. Commercial policy
2.1. The products are intended exclusively for sale to individuals who are final consumers ("Customers"). Customers include the single adult who acts for purposes not related to commerce, business or professional activity.
2.2 Creative Time S.r.l. reserves the right not to accept orders from those who are not "Customers".
2.3 At any time Creative Time S.r.l. can modify these Terms. The Customer will be subject to the Terms in effect at the time the order is presented.
2.4 Orders may be for one or more Products, without prejudice to Creative Time S.r.l. to set a maximum quantity that can be ordered by the Customer in any Order.
2.5 The maximum quantity of Products that can be purchased by the Customer in any Order is 10 units. In addition to these maximum quantities, Creative Time S.r.l. reserves the right to limit the number of Products ordered as desired from time to time.
2.6 No Product will be sent for delivery or distributed to an address containing a PO Box or if Creative Time S.r.l. he is not able to identify the individual who receives the Order or his private address.
2.7 All communications to be sent by e-mail pursuant to the Terms will be sent to the e-mail address provided by the Customer on the Website.
3. Conditions of purchase
3.1 Each Product offered for sale can be selected through a dedicated web frame that will display the photo, the unit price and the available sizes (where applicable).
3.2 Some products may only be viewed on the website for promotional reasons and not for sale. These products are not for sale and can not be purchased.
3.3 The images and colors of the Products offered, in some cases may differ from those displayed on the Website due to the technical characteristics and resolution of the equipment and software used by the Customer. Therefore, images and colors should only be considered as indicative and customers are responsible for verifying whether the product matches their expectations in terms of color and consistency. Creative Time S.r.l. will not be responsible for images or inappropriate colors of the Products due to the technical characteristics of the equipment and software used by the Customer.
3.4 To complete any Order for the selected Products, the Customer must follow the instructions and procedures provided on the Website.
3.5 The Customer is responsible for verifying the accuracy of the content of each Order placed before the Order is confirmed and the Customer is responsible for completing the purchase form according to the instructions provided on the corresponding page of the Site. Completing each Order, the Customer confirms that the Customer reads carefully and accepts the specific Terms and Estimates.
3.6 If the Customer wishes to make changes or corrections to the Order after confirmation, the Customer must contact Customer Service ("Customer Service") at the e-mail address displayed in the "Contact" section of the Website. A confirmed Order cannot be further modified or canceled, except as expressly provided for by the Terms, the Specific Estimates or otherwise required by applicable law. The customer can check the status of an order at any time by contacting customer service at email@example.com
3.7 As soon as the Customer submits an Order, the Customer is advised to download and save or print the prevailing Terms at the time of submission and any Specific Estimates applicable to the Order. The Customer will also receive an e-mail confirmation ("E-mail") of an Order received containing a summary of the information already contained in the order form (eg Customer data, shipping method and address, information on each Product purchased , as well as details of price and delivery rate (the "Data")).
4. Availability and delivery
4.1 The Customer acknowledges that the stocks of Products offered on the Website are limited.
4.2 Occasionally, some Products may not be available. In this case, Creative Time S.r.l. inform the Customer as soon as possible and, in any case, within seventy-two (72) hours (excluding weekends and holidays) from the date of receipt of the order by Never Enough. If a Product from the Order is not available, the Order will be processed based on the Product available.
4.3 The Customer acknowledges that when an Order is sent to the internal unit of Never Enough, responsible for the fulfillment of such Order, an e-mail will be sent to the Customer. Sometimes this e-mail will be replaced by the shipping notice. Never Enough will send an e-mail to the Customer when the package containing the ordered Products leaves the warehouse. However, delivery times are not guaranteed and are estimates only.
4.4 Creative Time S.r.l. will do everything possible to satisfy every Order within ten (10) working days and, in any case, within twenty (20) working days from the day following the sending of the order by the Customer, but does not guarantee to do so. However, Creative Time S.r.l. will not be responsible, nor will it indemnify the Customer from any request, loss or expense deriving from Creative Time S.r.l. that does not send an Order within certain terms.
4.5 The Customer can contact Customer Service for assistance regarding any problem related to the delivery.
5. Prices and payment
5.1 The prices of the Products offered on the Website include the sales tax applicable at the time of payment.
5.2 Prices are expressed in Euros (€)
5.3 The shipment is free, with returns and any payment for orders made by countries of the European Union.
For all the rest all shipments and all duties are charged to the customer.
5.4 Creative Time S.r.l. reserves the right to change the prices of the Products offered at any time without notice. The prices published on the website when confirming an order are the prices that will be applied to that order.
5.5 Payment can be made by credit card, debit card and Pay Pal. Card accepted: Visa Mastercard, American Express, Discover, JCB, Diner's, Maestro. Credit card transactions will be governed by the specific rules of the credit card provider.
5.6 The completion of each order will take place only after verification of the customer's credit card details.
6.1 The Customer must check the Products immediately after delivery to determine conformity with the Order.
6.2 The Customer must describe any defects (for example, the packaging shows evidence of tampering, Product damaged, Products or missing items or Products other than those ordered and / or indicated in the shipping document) in writing directly on the delivery document that must be signed by the customer.
6.3 If one or more products delivered are different from those ordered or damaged, the Customer must promptly inform Creative Time S.r.l. by contacting the customer support service, unless such defects are described in the delivery document as provided in paragraph 6.2. In this case, the Customer's remedies are limited to:
(i) return the Product and request a replacement Product,
(ii) accept the defective Product, or
(iii) if a replacement Product is not available, returning the Order in whole or in part. The customer is not entitled to any other compensation or remedy, subject to the mandatory provisions of applicable law.
6.4 In the case of returns, the Customer must carefully follow the return procedures established by Creative Time S.r.l .. Creative Time S.r.l. advises customers to contact customer service for directions and ship returns. The Customer is free to choose any other courier service at the expense of the Customer.
7.1 The Customer has the right to return the Product (s) from his Order, without any penalty and without specifying a reason, returning the Products received to Never Enough within fourteen (14) days from the date on which such Products have been delivered.
7.2 The Customer may return part or all of an Order, subject to paragraph 7.1.
7.3 The customer recognizes that:
• Is responsible for and assumes all risks related to shipping, including delays;
• The shipping costs related to the return of products, defective products, any customs or import duties imposed on products returned in Italy will be charged to the customer.
7.5 Customers may choose to use any courier service for returns at the expense of the Customer.
7.6 In addition to paragraphs 7.1 and 7.3, to be a valid and effective return, the products must be returned in their original condition and in the original packaging;
All returns are subject to verification by Creative Time S.r.l. that the returned Products are still in their original condition.
7.7 If a return is made in accordance with all the conditions above, Creative Time S.r.l. reimburse the Customer with the sum already paid by credit card as soon as possible, and in any case within fourteen (14) days from the moment in which Never Enough receives and inspects the products returned by the customer. The amounts are considered reimbursed when actually credited in the original form of payment no later than the deadline indicated above.
7.8 Creative Time S.r.l. will only accept in the ways described above rendered or replaced or refund requests exclusively for Products purchased from the Site. Incomplete, damaged, dirty or altered items will not be accepted and then returned to the customer.
8. The responsibility of the product
8.1 Creative Time S.r.l. makes no warranty, guarantee or declaration, express or implied, including, without limitation, an implied warranty of merchantability and fitness for a particular purpose, which are expressly excluded by the customer, with respect to any product. Never Enough cannot be held responsible towards the Customer or any subsequent user or user for any damage, loss or claim, direct, indirect or consequential, for injury to property or persons, in any matter and the Customer waives any claims for his account and on behalf of any person or party to whom he transfers the Products.
8.2 In the event that a Product does not comply with the Order, the Customer's remedies will be limited to the remedies described in paragraph 6.3. Under no circumstances Creative Time S.r.l. will be held responsible for claims for damages, direct, immediate, foreseeable, incidental, consequential or special or for any expenses or incurred due to the use or abuse, sale or manufacture of products that do not comply with the terms and conditions Order.
9. Applicable law and disputes
9.1 These Conditions and any Specific Estimates are governed by Italian law
9.2 In case there are disputes relating to the Terms, to any Specific Estimates or to Orders, this dispute will be submitted to arbitration in Italy.
9.3 For the judicial controversies the Court of Busto Arsizio will have jurisdiction.
For any further information, assistance or complaint, Customers can send an e-mail to:
CREATIVE TIME S.R.L.
Via Quarto, 9, 21010 Ferno (VA), Italy. VAT number: 03271040127