Terms of service

 

Distance selling conditions related to the platform

www.nomoutdoor.it

Definitions:

Website, platform: it is the "virtual" space, i.e. online, that hosts the sales service. It allows simple navigation operations, registration for the navigation service, purchase of goods. In this case it is www.nomoutdoor.it.

Service: is the set of activities made available to the User on the platform. The Browsing and Shopping experiences are part of the Service made available to the public.

Public: is the indeterminate set of subjects (Users) who can use the service.

Professional (also known as Seller): is the person who prepares, manages and executes, directly or with the help of third parties, the online sales process. In this case, it is Mapao Srl.

Buyer (also called Customer): is the person who purchases goods or services online. Before proceeding with the purchase, or activating the purchase procedure, therefore only when browsing the service, the same is defined as a User. The Buyer can only be a Consumer.

Consumer: is the person who uses the service, or buys the goods, for personal purposes and unrelated to his or her work activity (professional, entrepreneurial, commercial, artisanal).

Product or Good: is the physical good, service, or digital good that can be purchased on the Platform as described in the product sheet.

Assembly: activity of composition of the asset according to instructions provided by the Seller which implies partial modification of the asset (such as making holes, driving nails, cutting, etc.);

Assembly: activity of assembling the goods according to instructions provided by the Seller that does not involve partial modification of the goods and that is limited to fitting components, inserting blocks, stops, screws that do not involve modification, etc.;

Online sales contract (or Conditions of Sale): distance contract entered into between the Seller and the Buyer, concerning goods or services, as part of a distance sales system that uses remote communication technology called the internet, with the use of a dedicated website or app.

Delivery: This is the delivery of the product to the customer.

 

Introduction: these conditions of sale govern the sale of goods on the website www.nomoutdoor.it.La discipline contained in these Conditions of Sale derives in particular, especially with regard to consumers, from the Consumer Code, with specific reference to the legislation on distance contracts (articles 45, 48-59, 60-63, 128 et seq. of the Consumer Code).

The reference texts are those in force at the time of the fact to which they refer: for Purchases, those in force at the time of purchase.

 

Language of the contract: The language of the Terms of Sale is the Italian language. Any other languages are simple translations of the same, but in case of conflict or doubts of interpretation, reference will be made to the Italian language.

 

1. THE SELLER

The goods are offered for sale to the consumer public on the www.nomoutdoor.it website  by:

Mapao Srl

VIA SANDRO PERTINI 18, Rovato 25038

VAT and Tax Code 04561650989

 

In the context of relations with Buyers, communications (withdrawal, warranty, various requests), even in the event that the goods for sale have been produced by third parties unrelated to the Seller, must be addressed to the Seller at the e-mail addresses hello@nomoutdoor.it.

It is understood between the parties that in the event of a transfer, sale, merger or any other subjective change of the Seller, all existing legal relationships are automatically transferred to the successor party without the need for further consent, who therefore assumes all rights, obligations and legal relationships pertaining to the Seller.

 

1. THE BUYER

It is the User who buys goods on the online sales platform. Only Consumer users can purchase goods through this e-commerce. Any Business users must contact the Seller directly and agree on the object, type, price of the purchase directly with the same.

Except in the case of Guest login, the Buyer coincides with the registered User, therefore like the latter he has the obligation to enter truthful data and to carefully keep the credentials for accessing the service.

Buyer's domicile, including computer address: The Buyer is presumed to be physically domiciled at the place indicated at the time of registration, which will be assumed, except for changes indicated by the Buyer himself during the purchase process, as the address of destination of the goods, as well as the computer domicile of the same, for communications relating to this service, the e-mail address indicated at the time of registration. The Buyer can proceed with the purchase as a "Guest": in this case he is not registered for the service as a registered User and the system does not store his data except for legal purposes (for example tax data, those necessary for shipping, pending the expiration of the withdrawal, for the warranty, etc.) and for the shipment of the goods to the address that is entered in the "guest login" form. The Buyer who proceeds with the purchase in this form must, at a subsequent purchase, re-enter the data or register for the service as a User. Any communications will then be sent to the e-mail address indicated in the Guest Logout procedure.

 

1. THE ASSETS

The products, goods or services can be viewed in the catalogue (product sheets) published on the www.nomoutdoor.it website.

Each product, from the moment it is published with a specific Information Sheet on the Website, and unless explicitly indicated otherwise by the Seller, is intended to be offered to the public, without prejudice to the availability of parts of the product itself by the Seller. This means that the Buyer, having seen the offer, has the right to simply decide whether to accept such offer and buy or not to accept it and not to buy.

Product Information Sheet: A specific Information Sheet is dedicated to each product, which contains the following:

• Description of the product, including photographs or drawings (which refer to the typical product of which the one being purchased is a copy), of the type, characteristics, functions, uses and results that can normally be expected from its use: if the description is not considered sufficient or precise enough, the Buyer may in any case request clarifications and specifications from the Seller at the following address:  hello@nomoutdoor.it.
• Indication of the quantity (e.g. of pieces per purchase, weight, etc.) and quality if relevant;
• Indication of any suitability of the goods for particular uses, especially if requested by the Buyer before the conclusion of the contract. In this case, the contract is concluded only if the Seller has confirmed the suitability indicated by the potential Buyer;
• A clear indication of the particular suitability of the property for uses that can be expected from it or related to the purposes for which goods of the same type are normally used. In this case, an acceptance of the Buyer is required;
• Special indications relating to the durability of the asset (for the meaning see the note);
• Indication of accessories included or not included in the sale, necessary or otherwise useful for the use or operation of the good;
• Instructions (or indication of instructions), especially in the case of the possibility for the Buyer to assemble the goods himself;
• Packaging information (especially for returning the goods in the event of withdrawal);
• Indications relating to particular methods of warranty or customer care (e.g. repair with reconditioned parts, assistance only in certain languages, etc.);
• Possible need for maintenance, spare parts or periodic replacements of the product;
• Indication of particular risks in the use of the asset;
• The manufacturer, the date (or batch) of manufacture, the method of manufacture, the geographical origin;
• Any tests or tests to which it has been subjected (if known to the Seller);
• The number of pieces available, it being understood that the system is not able to monitor the stock in stock with absolute precision and in real time, both because of any simultaneous orders (in the case of five pieces and in the space of a few moments six orders are made by different customers, everyone will see the product as available,  but in fact there will not be enough products to satisfy all buyers: in this case, those who have completed the order first will be privileged), either due to unforeseeable shortages or stockouts or lack of coordination of the warehouse sales service. Therefore, in the event that the product, indicated as available, is not in fact available, the Seller will send a communication to the Buyer to inform him of the circumstance. In this case, the Buyer will choose, with the answer, whether he prefers the full refund of the amount paid, or wait for any subsequent availability of the good;
• The price, in all its components (see the chapter relating to the Price in these Conditions of Sale), with the specification that the amount indicated refers to a single piece and with the least expensive means of shipping among those made available to the Buyer by the Seller;
• The accepted payment methods;
• The delivery time if foreseeable;
• Mention of the right of withdrawal, link to the relevant section;
• Mention of the existence of the guarantee of conformity;
• Link to the after-sales service page;
• Link to the conditions of sale.

 

WARNING: the Seller does not verify the compatibility of the goods with local regulations of countries other than Italy. It is therefore the Buyer's responsibility to ensure that the goods can also be used on vehicles circulating in their own country.

 

ATTENTION: there are no customizations of the property. If the User wishes to evaluate the purchase of the goods with modifications, they must contact the Seller at the hello@nomoutdoor.it email address and forward the request. The Seller will evaluate it and, if feasible, will set out costs, modification solutions, delivery times which, if accepted by the Customer, involve the conclusion of the contract and the obligation to pay. In this case, however, these terms and conditions of sale do not apply and no withdrawal by the buyer is permitted.

 

PLEASE NOTE: the Seller does not verify the compatibility of the goods with the various types of means of transport. It is therefore the responsibility of the Customer to carry out this assessment, having all the data relating to dimensions, assembly instructions, etc. available in the sheet.

 

The characteristics of the property and all the information contained in the Data Sheet are intended to be those existing at the time of purchase.

 

1. THE PRICE

Composition of the price: The price that appears in the information sheet (or in any case, in the case of more than one piece purchased, before the conclusion of the contract) must be understood as the final price that the user pays for the good or service, including shipping costs, taxes, fees and other accessories (VAT, or other where applicable, etc.).

Please note: the price does not include any customs clearance costs of the goods, or taxes or duties to be paid in the case of shipping to a country other than Italy if shipping to recipients outside the Italian territory is allowed. It is the responsibility of the Buyer to verify the existence and amount of these costs, which will be at the Buyer's expense, and are not part of the sale price.

The price shown in the information sheet refers to a single good and with the least expensive means and type of shipment among those made available to the Buyer in the service.

Shipping costs: The Buyer can choose between the different types of shipping made available by the Seller. If the Buyer chooses a shipment other than the least expensive one, among those made available by the Seller, the price will increase accordingly and will be borne by the Buyer. The price of each type of shipment will still be made available to the Buyer.

In any case, the price variation due to the choice of the type of shipment will be available to the Buyer before confirming the purchase.

If the Buyer intends to request shipping by a means or type other than those made available to it by the Seller, it must explicitly request it before proceeding with the purchase, and may proceed with the purchase only in the event of approval by the Seller. In this case, the Seller will indicate the price of the goods, excluding shipping costs (including specific taxes) which will be borne by and borne directly by the Buyer.

Price calculation: Prices are shown in euros. Where the number of pieces purchased or the variety of them affects or may affect the final price (especially the part of the price relating to shipping), the total price, including shipping costs and referring to the total number of pieces purchased, will always be visible before the confirmation of the purchase order with payment obligation.

Cost of the means of communication used for the service: Costs of using the means of communication at a distance: the service operates through connection to the internet. It is the responsibility of the Buyer to verify the connection costs of his tariff plan, which do not depend on the Seller.

 

1. TECHNICAL PHASES

The technical phases of concluding the contract for the purchase of the good or service are those resulting from the sequence of pages in the wizard that appears on the Website.

In any case, the phases are as follows:

1. Identification of the good or goods to be purchased: the Buyer, while browsing, consults the product information sheets, selects them using the "ADD TO CART" function;
2. Cart Selection: the Buyer sees the total number of goods in the cart, with an indication of the cost of each item and the total, including shipping costs (in Italy);
3. Recipient selection: the Buyer enters the data of the recipient of the goods, i.e. the person to whom the purchased goods will be sent, entering in the appropriate form name, surname, geographical address to which the goods must be delivered, telephone number (the latter data often necessary for the Courier in order to ascertain the availability of the recipient for delivery purposes).

 

ATTENTION: if you choose shipping abroad, the costs and procedures of customs clearance of the goods are borne by the Buyer.

 

ATTENTION: the system assumes that the recipient is the same person registered for the Service (on the online commerce site) and therefore may in some cases pre-fill the fields with the data of the registered User. If you want to have the goods delivered to a person other than the user-Buyer, you must fill in the form with these different data (the Buyer assumes responsibility for communicating the third person's data to the System, which will be processed and stored only for the purpose of carrying out the shipment).

In the case of choosing a quick payment method, which allows the purchase to persons not registered with the Website or App Service (such as, for example, Stripe or Guest Login), the shipping address will be the one that the Buyer has indicated to the supplier of the payment method,

1. Payment method selection: consists of choosing, among the options allowed by the Seller, the payment method preferred by the Buyer. For the type and possible costs of these payment methods, please consult the appropriate chapter of this text.
2. Specification of whether or not an invoice is required: the Buyer may request the issuance of an invoice, but must exercise this option no later than the sending of the order, specifying the tax data (in addition to the personal data, therefore, the Tax Code).

 

ATTENTION: since the next point involves a contractual commitment by the Buyer, it is advisable that he checks all the data entered, and if there are any incorrect data, correct them by going back in the wizard to the section containing the data or option he intends to modify.

 

1. Purchase: having provided and received all the information referred to in the previous phases, the Buyer may decide to proceed with the purchase of the goods offered for sale by typing the appropriate button bearing the word BUY (or similar).  ATTENTION: The contract is considered concluded only with the actual completion of the payment by the Buyer
2. Sending of a summary email by the Seller, containing the following information:

1. List of goods purchased with links to the relevant information pages and image with description of the goods;
2. Total price of the purchase with specification of the individual items (price of each good, shipping costs, taxes, taxes and accessories);
3. Payment Method chosen by the Buyer;
4. Expected delivery terms and Buyer's rights in the event of non-compliance with such terms;
5. Professional Seller and contact details (including electronic contact) for complaints, warranty, return or other communications;
6. Terms and methods of execution of the right of withdrawal;
7. Procedures for exercising rights relating to the guarantee of conformity;
8. Customer Care contact address;
9. PDF file with attached text of the Conditions of Sale applied to the contract or links to them;

 

PLEASE NOTE: the email referred to in this point is sent by the Seller, but the contract has already been concluded and if the Buyer intends to renounce the purchase, he must activate the order withdrawal procedure in any case.

 

1. PAYMENT METHODS

The Buyer, to pay for the goods or services purchased, can choose between the payment methods indicated by the Seller (already in the information sheet).

Not provided for payment methods: If the Buyer intends to pay by a method other than those made available to him by the Seller, he must ask the Seller for explicit authorization before proceeding with the purchase. In the absence of explicit authorization, the contract will not be finalized.

Time to choose the payment method: The choice of payment must be made at the time of the order (see the item relating to the technical phases of the conclusion of the contract) and, once selected, cannot be changed.

Who manages the means of payment: In any case, the payment methods are the exclusive responsibility of the companies (payment providers, banks, issuing institutions or online current account management, issuing or credit card management institutions, etc.). The Seller does not receive commissions on payment from the Institutions, and does not impose any payment surcharge for the choice of one payment method over another.

Unauthorized or inaccurate charges: WARNING, In the event of unauthorized or inaccurate charges, the Buyer is invited to promptly report the circumstance to the Seller, who will lend his full cooperation, by email to the following hello@nomoutdoor.it address. In any case, the Buyer may contact his bank, or the institution that issued or manages the credit card to request the return of the amount unduly charged.

Payment Providers: (STRIPE, GOOGLE PAY, PAY PAL or other payment providers available on the site)

The customer who chooses this form of payment is directed to the website of the payment provider, whose website is invited to visit and consult its terms of use, and will be charged immediately. It is possible, for users who pay through Payment Providers, to proceed with the purchase without registering for the service (Guest). In this case, the goods will be delivered to the address of the account holder that the User has on the payment provider, and the order receipt to the email address provided by the provider to the Seller.

Withdrawal: In the event of withdrawal, the Seller shall ask the Provider to cancel the payment or to refund the amount or part of it, as the case may be. It is understood that the Seller can only guarantee the timely request, while both the actual cancellation of the payment and the return of the same are carried out by the Provider, and therefore will depend on the methods and times of the same. In any case, the customer is invited to consult the terms and conditions of use of the payment provider.

With regard to goods purchased before the thresholds are reached, the Provider processes the payment at the conclusion of the procedure referred to in point 5. If the threshold is not reached, the Seller – since the condition that perfects the contract has not been met – will proceed with the refund of the price.

Advance bank transfer: The customer can pay for the product by bank transfer to:

MAPAO SRL

REVOLUT Bank

IBAN: LT973250059107600163

BIC/SWIFT: REVOLT21

REASON: order number

After making the payment, the customer must send the proof of the transfer (taking care to specify the CRO) to the following email: hello@nomoutdoor.it.

In the case of payment by bank transfer, the product will be sent to the Buyer only after the amount has been credited to the Buyer's current account (without prejudice to the condition precedent referred to above).

Withdrawal: In the event of withdrawal, or revocation of the order if permitted by the Seller in its conditions of sale, the price will be returned by bank transfer to the account from which the Buyer made the payment of the goods, without prejudice to the deduction of any transfer costs that the Seller may incur for the refund of the amount.

 

1. DELIVERY

Where (in which cities or states): Delivery of goods can be made throughout the Italian territory and in the following EU countries: Austria, Germany, Belgium, France, Luxembourg, Netherlands, Poland, Czech Republic, Denmark, Portugal, Slovakia, Spain, Hungary.

ATTENTION: it is the Buyer's responsibility to keep the packaging, without which the goods cannot be returned in the event of withdrawal, given that other types of packaging could compromise the integrity of the goods.

Availability of Goods: As already explained, the number of pieces indicated as available may not be true. This is because the system is not able to monitor the warehouse stock with absolute precision and in real time, both because of any simultaneous orders (in the case of five pieces and in a few moments six orders are made by different customers, everyone will see the product as available,  but in fact there will not be enough products to satisfy all buyers: in this case those who have completed the order first will be privileged), either due to unforeseeable shortages or stockouts or lack of coordination of the service.

Therefore, in the event that the product, indicated as available, is not in fact available, the Seller will send a communication to the Buyer to inform him of the circumstance. In this case, the Buyer will choose, with the answer, whether he prefers the full refund of the amount paid, or wait for any subsequent availability of the good.

Shipping methods, means and Costs: The goods are delivered to the Buyer either directly to the Seller's premises, or by shipment, using the means and methods of shipping proposed by the Seller.

Delivery costs, which are part of the sale price, may vary depending on the type and means of shipping, among those made available by the Seller, chosen by the Buyer. In any case, the Vendor publishes on the service the means and methods of shipping that it makes available to the Customers, with specific indication of the costs.

The Buyer, with notice that must be given to the Seller before the conclusion of the purchase contract, may choose a means or type of shipment other than those made available by the Seller. This choice must be explicitly authorized by the Vendor before the conclusion of the purchase contract.

Where (consignee indicated by the Buyer and shipping address): The goods are delivered to the address indicated by the Buyer (see the item relating to the sale phases). It is therefore presumed that all persons who are at the delivery address indicated by the Buyer are designated and authorized by the Buyer to receive the goods. Unless otherwise agreed, delivery is intended to be made at street level, and is not provided for in the event that the destination address is located in an exclusively pedestrian area, or on unpaved or difficult to reach roads.

In any case, the Buyer, where there are foreseeable difficulties in reaching the destination address of the goods (road difficult to reach, narrow, reachable only on foot, difficulty in loading the goods if delivery to the floor is provided, etc.), must promptly notify the Seller, before the conclusion of the contract. In this case, upon notification, the contract will be concluded only when the Seller, having acknowledged the delivery difficulties, declares its intention to sell the goods and deliver them to the recipient. In any case, any increase in costs due to the reported difficulties will be borne by the Buyer, who will however be informed of the increase in costs before the conclusion of the contract. To whom: Without prejudice to what is specified in the previous point (i.e. that all persons who are at the destination address are presumed to be authorized to collect the Goods in the name and on behalf of the Buyer), the Goods may also be delivered to a person other than the Buyer.ATTENTION: in case of collection at the Seller's headquarters, an identity document must be shown. In the case of a person other than the buyer, the details of the delegated person must be indicated to the Seller by means of an email to hello@nomoutdoor.it or by paper proxy to be delivered at the collection with a copy of the Buyer's identity document.

Transfer of risk: If a means or method of shipping proposed by the Seller is used, the risk of loss, destruction, deterioration or damage to the goods passes to the Buyer only when the goods are delivered by the Courier to the Buyer (including the persons present therein as indicated above). Therefore, if such events occur before delivery to the Buyer, they will not be chargeable to the same.

Otherwise, where the Buyer has chosen a means of shipping or delivery other than those made available to it by the Seller, the risk of loss, destruction, deterioration or damage to the goods passes to the Buyer when the goods are delivered to the Carrier chosen by the same (and precisely different from those made available by the Seller). In any case, the Buyer may assert its rights, in the latter case, against the Carrier.

Caution in case of suspected damage to the goods: In any case, if there is, for any reason, the suspicion that the goods are damaged, it is represented that the Buyer has the right to refuse the delivery, or to accept it with reservation (by noting this form of acceptance, and the reason for it – for example because the package is damaged – to the Carrier). It is also advisable to document any damage to the goods or to the packaging or packaging with photographs or other similar measures. In addition to mentioning the rejection or acceptance with reservations, the Buyer should immediately contact the Seller's after-sales service.

Delivery times and remedies in case of delay: In any case, delivery must take place without delay, and in any case no later than 30 days from the conclusion of the purchase contract by the Buyer.

ATTENTION: the deadline is considered respected in the event of access to the address in the absence of the Buyer. In this case, the Carrier normally makes a second access, leaving notice of the first attempt to the Buyer. The Buyer may therefore not complain about the failure to comply with the deadline if the non-delivery was due to his absence at the delivery address. If the Buyer is aware of days or times of absence, he must notify the Seller or the chosen Carrier. Therefore, if two accesses are made to the address indicated by the Buyer for delivery, and both are unsuccessful, a communication will be sent to the Buyer requesting confirmation of the intention to receive the goods. If the Buyer does not respond to the communication sent to the email address communicated to the Service, or communicates that he does not intend to receive the goods, the same will be subject to the effects of the withdrawal (for which see the relevant chapter of these conditions of sale).

Delayed delivery: If the goods are not delivered within the time limit indicated by the Seller, or in any case within 30 days of purchase, the Buyer has the right to set an additional (appropriate) deadline for delivery. If this term also expires without delivery having been carried out (except in the event of the Buyer's absence as indicated above), the latter has the right to terminate the purchase contract, receive a refund of the price paid quickly, as well as the right to compensation for the damage suffered as a result of the non-delivery of the goods.

The Buyer does not have to set a new term, and the contract is terminated immediately (with the consequence of the right to reimbursement of the expenses incurred for the purchase, in addition to the right to compensation for damages) in the following cases:

• if the Seller expressly refuses to deliver the goods;
• whether, taking into account the objective circumstances that accompanied the contract, the delivery term must be said to be essential (and it is such when, after this term, the Buyer no longer has an interest in receiving the goods);
• if the Buyer has informed the Seller, before the purchase, that delivery within a given term is essential (i.e. that for the Buyer delivery after this term is not useful and is not accepted: think of the case in which the intention is to give the good for a given circumstance on a given day and then leave for a holiday). ATTENTION: in the latter case, the imposition of the essential term has a decisive impact on the conclusion of the contract: the contract will therefore not be concluded, as provided for above in point no. 5 of the technical phases, with the sending of the order with obligation to pay, but when the Seller, having taken note of the maximum delivery term indicated by the Buyer,  Accept this term.

Any communication relating to non-delivery, late delivery and any communication relating to delivery must be made by sending an email to the following address: hello@nomoutdoor.it.

 

1. WITHDRAWAL

What is the Buyer's withdrawal? The right of withdrawal is a simple right of reconsideration. The Buyer does not have to give reasons, and can exercise it even when the product is completely efficient and conforms to the description given by the Seller, but he (the Buyer) has simply changed his mind and, after receiving it, intends to return it and obtain a refund of the price.

If the purchase has concerned several (numerous) goods, the withdrawal can also be exercised for some of them. On the other hand, in the case of a single good that consists of several elements, including accessories but sold as a single good, it cannot be exercised only in relation to parts or components of the good.

ATTENTION, PLEASE NOTE: difference between withdrawal and warranty: withdrawal can be exercised in relation to goods that have arrived intact and in working order, and that meet the description given by the Seller. In fact, if the goods are not intact, do not work or are different from as described, the Buyer must or may activate the GUARANTEE OF CONFORMITY procedure and not the WITHDRAWAL. It is therefore presumed that, in the event of withdrawal, the goods have reached the Buyer intact and in working order.

Terms of withdrawal: The right of withdrawal can be exercised within 14 days from the date of delivery of the goods to the Buyer as indicated above under delivery.

Procedure: Once the item has been received, and subject to the exceptions set out below, the Buyer may decide not to retain the item and to return it to the Seller. In this case, he/she must use the appropriate form made available by the Seller, or send an email to hello@nomoutdoor.it, with the following Subject: Declaration of Withdrawal. In this email, the Buyer, in addition to communicating the desire to withdraw (i.e. return the goods and obtain a refund), will take care to specify the order number, the link of the object for which he withdraws in order to allow the Seller to correctly activate the withdrawal procedure. The Seller will respond to the communication received by providing the Buyer with instructions for the return: in particular, it will indicate the shipping address and remind the shipping costs, if any, which also depend on the carrier chosen by the Buyer for the return, the instructions for packaging and any accompanying documents to be included in the shipment.

ATTENTION: the simple shipment to the sender (Seller) of the goods, without sending the above communication, does not constitute an exercise of the right of withdrawal.

The Buyer must then ship the goods to the address indicated by the Seller within 14 (fourteen) days from the sending of the notice of withdrawal to the Seller as indicated above. ATTENTION: as specified above, the return shipment can ONLY be made using the original packaging, as long as it is suitable for preserving the goods. Any different packaging used for the return will result in the presumption of damage on the part of the Buyer.

Finally, the Vendor must proceed with the reimbursement of the sums, as indicated below, within fourteen days of receipt of the declaration of withdrawal. However, the Seller may withhold the refund until it has received the goods or until the Buyer has proven that it has shipped them.

In any case, upon receipt of the goods, the Seller has the right to examine them in order to assess their integrity. In particular, he will be able to check if holes, cuts, colors or changes have been applied to the asset that make it unusable. In this case, the refund will be reduced in proportion to the value of the asset as used and modified.

PLEASE NOTE: The burden of proof relating to the exercise of the right of withdrawal lies with the Buyer.

Costs and refunds: Withdrawal involves the refund of the price paid by the Buyer, including the shipping costs of the goods from the Seller to the Buyer.

The cost of returning the goods to the Seller shall be borne by the Buyer.

No other costs can be charged to the Buyer (except for the cost of the return transfer), except as indicated in the previous point and as indicated under the heading risk and responsibility of the Buyer in the event of withdrawal.

The refund is made using the same means of payment chosen by the Buyer.

The Seller shall refund the price paid by the Buyer within the terms indicated in the previous point (14 days from receipt of the declaration of withdrawal, without prejudice to the right to withhold the refund until receipt or proof of shipment of the goods subject to return).

Risk and responsibility of the Buyer with regard to the shipment: The Buyer has the right to manipulate the good to establish and examine its nature, functioning, characteristics. Where there is a non-diligent use for this purpose by the Buyer and this results in a decrease in the value of the goods, the Buyer is not responsible for it. It is understood that the opening of packages, packages or similar does not constitute excessive use, but is functional to the above verification. In the case of liability, the decrease charged to the Consumer will be given by the difference in value between the new good and the good as it can be sold after such use. The above is valid, i.e. if holes, cuts, colors or modifications have been applied to the asset that make it unusable. In this case, the refund will be reduced in proportion to the value of the asset as used and modified

Transfer of risk of goods being returned: As far as shipping is concerned, the "transfer of risk" for the return of the goods follows the ordinary rules (unlike the delivery of the goods to the Buyer): therefore the delivery of the goods intact to the Carrier frees the Buyer. It is good for the Buyer to document, with photos for example, the integrity of the goods delivered to the Carrier. In any case, as specified above, it is presumed that, in the event of withdrawal, the goods have reached the Buyer intact and in working order (if in fact it is not such, the GUARANTEE OF CONFORMITY procedure must be activated). Therefore, if the goods reach the Seller broken, and this has not been reported to the Seller by the Buyer before shipment, the goods will be made available to the Buyer for the appropriate initiatives and actions towards the Carrier, without prejudice to the liability of the Carrier towards the Buyer and the Buyer's liability towards the Seller as indicated above.

Please note that the return shipment must be made using only and exclusively the packaging used by the Seller.

 

1. ORDER REVOCATION

In addition to the right of withdrawal, the Buyer has the right to revoke the purchase even if it has been concluded and paid for, before the goods are shipped. After shipping, you can activate the withdrawal procedure instead. The Revocation of the order produces, as far as compatible, the effects of withdrawal. In particular, with regard to goods not yet shipped, the consequences relating to shipping costs, non-diligent handling of the goods are not included.

 

1. WARRANTY

When the Buyer of the Item is entitled to the warranty

The Seller is liable to the Consumer Buyer for any lack of conformity existing at the time of delivery.

To comply with the contract of sale, the asset must meet the following subjective requirements, where relevant:

1. correspond to the contractual description, type, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics as provided for in the sales contract;
2. be suitable for any particular use desired by the Consumer, which has been brought to the attention of the Seller at the latest at the time of conclusion of the sales contract and which the Seller has accepted;

In addition to complying with the subjective compliance requirements, in order to comply with the contract of sale, the goods must meet the following objective requirements, where relevant:

• be suitable for the purposes for which goods of the same type are normally used, taking into account, where appropriate, other provisions of national and Union law, technical standards or, in the absence of such technical standards, industry codes of conduct applicable to the specific sector;
• where relevant, possess the quality and correspond to the description of a sample or model that the Seller has made available to the Consumer before the conclusion of the contract;
• where relevant, be delivered together with accessories, including packaging, installation or assembly instructions, which the Consumer can reasonably expect to receive;
• be of the quantity and possess the qualities and other characteristics, including in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and which the Consumer can reasonably expect, taking into account the nature of the good and the public statements made by or on behalf of the Seller, or by other persons in the context of the previous steps in the chain of commercial transactions,  including the manufacturer, particularly in advertising or labeling.

 

There is no lack of conformity pursuant to Article 129, paragraph 3, and Article 130, paragraph 2, if, at the time of concluding the sales contract, the Consumer had been specifically informed of the fact that a particular characteristic of the goods deviated from the objective conformity requirements provided for by these regulations and the Consumer has expressly and separately accepted this deviation at the time of concluding the sales contract.

 

To whom the right to the Warranty applies: The Buyer is entitled to the Warranty towards the Seller, even in the event that the latter sells goods produced by others (in this case it will be the Seller who will act in recourse, without prejudice to the rights of the Buyer, towards the Manufacturer). It is therefore the Seller who is obliged to perform the services indicated below in the Buyer's Rights section and the Buyer must contact it to assert the warranty.

Terms: The warranty operates for a period of two years from the delivery of the goods. Therefore, if the defect occurs within two years of delivery of the goods, the warranty applies.

ATTENTION: the warranty is void if the Buyer does not report the defect within two months from the date on which it was discovered (forfeiture that does not occur only if the Seller has acknowledged the existence of the defect or has concealed the defect). Therefore, if no report is made within two months of the discovery of the defect, the warranty does not apply.

Unless proven otherwise, any lack of conformity that becomes apparent within one year from the time the goods were delivered shall be presumed to have already existed on that date, unless this is incompatible with the nature of the goods or the nature of the lack of conformity.

If it occurs after this date, it will be the responsibility of the Buyer to prove that it already existed on the date of delivery. The action of the Buyer against the Seller is time-barred within twenty-six months from the delivery of the goods. This short term does not apply where the defects have been maliciously concealed by the Seller.

Procedure to activate the Warranty: The warranty can be exercised by sending an email to the following address: hello@nomoutdoor.it. The email must indicate the identification number of the order, link to the information sheet if possible, defect and related proof (photographs, description of the defect, etc.), indication of the date on which the defect was discovered, other relevant according to the Buyer (including the indication of the remedy chosen from those in the following point, i.e., first of all, Repair and Replacement of the Item).

Rights of the Buyer: In the event of a lack of conformity of the goods, the Consumer has the right to:

1. Restoring compliance, or
2. receive a proportional price reduction, or
3. Termination of the contract on the basis of the following conditions:

 

RESTORATION CONFORMITY (1): For the purposes of restoring the conformity of the goods, the Consumer may choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Seller, taking into account all the circumstances and, in particular, the following:

a) the value that the asset would have in the absence of the lack of conformity;

(b) the extent of the lack of conformity; e

c) the possibility of using the alternative remedy without significant inconvenience for the Consumer.

The Seller may refuse to bring the goods into conformity if repair and replacement are impossible or if the costs that the Seller would incur are disproportionate, taking into account all the circumstances, including those referred to in letters a) and b) above.

Where the restoration of conformity implies the repair or replacement of the goods, they are carried out by the Seller: a) at no cost to the Consumer;

b) within a reasonable period of time from the moment the Seller was informed by the Consumer of the lack of conformity; e

c) without significant inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer intended the goods.

 

If the lack of conformity is to be remedied by repairing or replacing the goods, the Consumer must make them available to the Seller. The Seller shall take back the replaced goods at its own expense.

The obligation to repair or replace the good includes the removal of the non-conforming good and the installation of the replacement or repaired good, or the obligation of the Seller to bear the costs of removal or installation.

 

PRICE REDUCTION or CONTRACT TERMINATION (2-3): The Consumer has the right to a proportional price reduction or to the termination of the sales contract in the event that:

a) the Seller has not carried out the repair or replacement or has not carried out the repair or replacement, where possible, as provided for in the previous point;

b) a lack of conformity occurs, despite the Seller's attempt to restore the conformity of the goods;

c) the lack of conformity is so serious as to justify the immediate reduction of the price or the termination of the sales contract; or

d) the Seller has declared or it is clear from the circumstances, that it will not proceed to restore the conformity of the goods within a reasonable period or without significant inconvenience to the Consumer.

ATTENTION: The Consumer does not have the right to terminate the contract if the lack of conformity is only minor. The burden of proof of the minor extent of the defect is borne by the Seller.

The reduction in price is proportional to the decrease in value of the good received by the Consumer compared to the value it would have had if it had been compliant.

If the lack of conformity concerns only some of the goods delivered under the contract of sale and there is a cause for termination of the contract of sale, the Consumer may terminate the contract limited to the non-conforming goods and those purchased together with the non-conforming goods, if it is not reasonably presumable that the Consumer has an interest in keeping the goods not affected by defects in his or her possession.

If the Consumer terminates the contract of sale entirely or, limited to some of the goods delivered under the contract of sale:

a) the Consumer returns the goods to the Seller, at the Seller's expense, and

b) the Seller shall reimburse the Consumer for the price paid for the goods upon receipt of the goods or the evidence provided by the Consumer that he or she has returned or shipped the goods.

 

1. AFTER-SALES SERVICE AND CUSTOMER CARE

Without prejudice to the provisions on withdrawal, delivery and warranty, for which reference is made to the relevant chapters of this document of the Conditions of Sale, the Seller provides Customers with after-sales service, and customer assistance in general.

The service, managed by operators who speak the Italian language, can be reached in the following ways:

E-mail: hello@nomoutdoor.it

The service operates on the following days and at the following times: Monday – Friday from 9.00 to 18.00

The Customer Care service does not respond to communications that are not in Italian.

 

1. LANGUAGE OF THE CONTRACT and APPLICABLE LAW

This contract, as well as the other texts, is drawn up in Italian. Likewise, instructions for goods, information and communications to Buyers and Users are drawn up in the same language.

The interpretation, the lexical and legal meaning, of the contract refers to the Italian language. Any other languages will only be translations of the same, but in the event of a conflict in interpretation, the lexical and legal meaning of the Italian version prevails.

Italian law applies to this contract.

 

1. JURISDICTION

For disputes relating to the sales relationship referred to in this service, the Court of the place of residence or domicile of the Buyer shall have jurisdiction, if he is a Consumer (i.e. if he buys for reasons unrelated to his entrepreneurial, artisanal, commercial or professional activity).

 

1. ALTERNATIVE DISPUTE RESOLUTION

The Buyer is given the right to resort to ODR (Online Dispute Resolution) systems.

The Vendor does not adhere to any particular alternative dispute resolution tool. Attached is a link to the tool made available to Professionals and Consumers in general, accessible to all: https://consumer-redress.ec.europa.eu/index_it 

For the purposes of activating the aforementioned procedure, the email address of the Seller/Professional is as follows: hello@nomoutdoor.it.

 

1. PERSONAL DATA

The personal data of the Buyer, already a User of the Service, are processed according to the provisions and information contained in the Privacy Policy.

Without prejudice to the information on the processing of personal data, the Buyer's personal data are processed for the purpose of registering the customer and activating the procedures for the execution of the sales contract and the related necessary communications. These data, in accordance with the information provided, are processed electronically, and will be communicated to delegated parties for the performance of the activities necessary for the execution of the contract (e.g. freight forwarders, warehouse, etc.). In the case of Guest Login (or similar), the data are stored and processed only as necessary for the purpose of carrying out the individual sales transaction, and for the management of the related rights (therefore, to be clear, they are kept for the withdrawal period, for the warranty, etc.).  It is good for the Buyer to know that the Sales Service involves the use of third-party services, such as shipping, accounting management, payment systems, to which personal data are in any case communicated.

 

1. INVOICING

The invoice, even in the case of Sale to persons not resident in the territory of the Italian state, is drawn up in Italian.

The invoice, by consumer customers, must be requested before placing the order. After this deadline it will not be possible to request it.

The Seller will send an invoice to the Buyer by email, or will otherwise make it available on the Customer's personal page. Where the Buyer has made the purchase as a Guest Checkout, the invoice will be sent to the Buyer. However, if the Buyer subsequently intends to download a copy, since there is no personal page of the same, the same must be requested by the Buyer by contacting customer service.

In the event of Withdrawal, where an invoice has been issued, a compensation document (credit note or similar) will be issued and sent.

 

1. INTELLECTUAL PROPERTY RIGHTS

The Buyer has no right to use, copy, disseminate content of any kind hosted on the Service. Photos, product descriptions, legal contents, layout settings of the product presentation, and any other creative element present in the service may not be used, neither by the Buyer nor by users or visitors of the service.

Any use can therefore only be made with prior written authorization, including by email, from the Seller.

ATTENTION: the goods sold are the subject of a specific study carried out by the Seller. It is absolutely forbidden to copy, replicate, imitate them.