TERMS & CONDITIONS OF SALE
Terms and conditions of sale (GTC) for the online purchases by www.homemania.net (“WEBSITE”)
We recommend that you carefully read the following GTC before making any purchase on our WEBSITE.
These general terms and conditions (hereinafter “GTC”) are specific when the customer (CUSTOMER) uses our website and shops with us online through our website http://shop.homemania.net. Homemania LLC is a company registered in Italy with its location in Sirmione, Via Mazzolari, 30-25019 (BS), and VAT number 03543050987.
2. EFFECTIVENESS AND MODIFICATION OF THE GTC:
2.1 The GTC are published on our WEBSITE to give you all the information you need before purchasing any of our products online. The GTC must be accepted before the purchase order is registered, they must be stored on your computer and printed on paper.
2.2 The GTC applied to the sale are those published on the WEBSITE on the date of the order of the products. The CUSTOMER, therefore, will have to accept the above GTC before making any purchase.
2.3 The mere tolerance or lack of objection on behalf of Homemania to any breaches to the contents of the GTC by the CUSTOMER cannot be interpreted as tacit acceptance of such non-fulfillments, or as a will to deviate from what was agreed between the parties.
3. PROCEDURE FOR SALE:
3.1 All products are subject to availability. Therefore, we may not be able to supply your order.
3.2 The CUSTOMER shows his willingness to proceed with the purchase of the products by sending an order request through the WEBSITE using a specific section therein and in which the CUSTOMER can also proceed with the payment. The personal data provided will be processed by Homemania LLC. According to the applicable privacy laws (see below point 10).
The steps for the conclusion of the Agreement are the following:
- In order to shop in our website, the CUSTOMER should register communicating email address and choosing password of choice, which will become the credentials to access the WEBSITE personal account. Registration on the WEBSITE is free of charge and it will be confirmed by HOMEMANIA with an email sent to the address provided by the CUSTOMER at the time of registration.
- The prices shown on the WEBSITE are in Euro (€) and they do not include shipping costs, which are will be added to the total amount once the order is completed.
- The CUSTOMER can find our products in the shop section. All chosen products are added automatically to the basket. Before checking out, we invite all our customers to read and learn about payment, shipping costs and expected delivery times.
- In order to proceed with the purchase of the products inside the basket, the client will have to enter the address of shipment as well as any other relevant information to the payment, including details of the credit card or PayPal. All this information can still be modified until final check out.
Payments can be made by credit card or PayPal. These data can be modified any time before the final order is sent by following the procedures shown on the WEBSITE.
3.3 Payment can be made by credit card or "PayPal" or bank transfer. The charge is made within 12 hours of the order confirmation.
3.4 The CUSTOMER will receive the receipt relating to the order with the package and the invoice relating to the transport service by e-mail. The purchase contract is effective upon confirmation of the order by HOMEMANIA, without prejudice to the provisions of the following art. 4.2. (availability of the products).
3.5 In case of multiple orders, the products contained in the orders shall be deemed accepted and considered as many contracts as products contained in the orders.
The effectiveness of each instrument is subject to the actual availability of the product, as specified in art. 4.2.
3.6 The essential features, duration of the offer, price VAT including and delivery costs, are all visible and knowable to the customer prior to the conclusion of the agreement and the payment of the order. The essential features to the products are displayed in the shop section where, in addition to the description and characteristics, Homemania LLC will publish if possible, photographs to the sole purpose of representing the product.
Homemania LLC does not charge any fee or impose any kind of cost for accessing its website. The costs incurred by the customer are solely those of surfing the Internet exclusively agreed upon by the customer and his Internet provider, exempting Homemania LLC from all liability.
3.7 Upon receipt of the purchase order, Homemania LLC will transmit to the CUSTOMER the receipt of the order in Italian containing a summary of the information relating to the purchase and proceed with the order, except as provided in art. 4.2. We invite the CUSTOMER to keep this email as proof of purchase.
4. LIABILITY OF HOMEMANIA:
4.1 Homemania LLC, except as provided in Art. 4.2, agrees to deliver the products to the address indicated by the customer in the purchase order, through a carrier. Homemania LLC cannot be held responsible for delivery errors due to inaccuracy or incompleteness made by the customer when filling in the purchase order. Homemania Ltd may not be held responsible either for any damage occurred to the products after delivering them to the carrier responsible for their transport or delivery delays attributable to the latter.
The delivery times referred to in the "Shipping Information" document vary depending on the destination address and will be shown in the order confirmation email
4.2 Unavailability of products:
Homemania will communicate to the customer within 30 days of the purchase, the possible unavailability of one or more of the purchased products via email to the address associated with his profile. In such event, Homemania LLC will reimburse the customer with the full amount paid for the unavailable products together with any relevant delivery charges (refund on payment card or Pay Pal account used for the purchase). Homemania LLC may, if agreed upon by the customer, propose sending a similar product other than the one ordered, of equivalent value..
The unavailability of one or more of the products ordered will not give in any case the right to the customer to cancel the entire order.
4.3 Promotions: Homemania LLC organizes special seasonal events and promotional campaigns to encourage the registration of new members. Homemania LLC reserves the right to interpret the operating conditions of each promotion or special event, extend their duration (communicated in due manner and reasonable time) or exclude any of the participants of the promotion if anomalies, abuse or unethical behaviors were found.
5. LIABILITY OF USERS AND CUSTOMER:
5.1 The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to Homemania LLC and the informations requested by the latter through the website. Customers agree to promptly notify any changes in submitted data.
5.2 The customer states at the time of the purchase confirmation:
a) to be over 18 years old;
b) to have read, understood and accepted the GTC.
c) to authorize Homemania LLC to process the personal data submitted at the time of purchase.
d) to communicate to Homemania LLC (as stated in art. 3) all the personal data necessary to process the payment as indicated above.
5.3 The CUSTOMER commits, once the purchase procedure is finished, both to save an electronic copy and to print the agreement as well as the GTC for personal archival purposes only as indicated in art. 2.1.
5.4 Payments: in case of payment by credit card, the customer will send within 24 hours, upon request from Homemania LLC, a copy of the identity document showing the actual ownership of the credit card used, it being understood that, in the absence of response, Homemania LLC may refuse the payment and cancel the order. The purchase receipt will be displayed on the website and shall be printed by clicking on the prink link.
5.5 Delivery: we delegate the management of our deliveries to trusted transport service providers. On Delivery, please check the following on the presence of the carrier:
a) that the number of packages and type of products that you received are the same as the ones indicated in the transport document.
b) that the packaging is not damaged, wet or altered in any way.
c) that the number and the type of products received correspond to the ones ordered.
5.6 Any anomalies or discrepancies must be immediately notified to the carrier upon receipt of the products. This information will be recorder on the delivery documents.
5.7 Support: if you need any assistance regarding the ordered products, please contact Homemania’s customer support service at the addresses indicated in paragraph 11 of the GTC.
6.1 Warranty: We are convinced of the quality of our products. Many items are covered by guarantee in accordance with the terms and conditions set out in Articles. 128 et seq. of Legislative Decree no. 206/2005.
During the warranty period, Homemania will exchange or refund the products found to be defective upon receipt of the claim. The exchange of the defective products is subject to availability. In particular, in case of lack of conformity the CUSTOMER will have the right to obtain a replacement product or the return of the price. Upon receipt of the complaint, if the CUSTOMER requests the replacement of the non-compliant product, HOMEMANIA will check the availability of the replacement product (according to the order specifications) and, in the event of non-availability, will pay back the CUSTOMER the entire price including the shipping costs. The replacement of the product is not always guaranteed. The CUSTOMER may in any case directly request the return of the product price (and shipping costs).
6.2 The rights arising from the legal guarantee of conformity may be exercised on condition that the products have been used correctly, with due diligence and in accordance with the instructions, cautions or statement of intended use published in the manual. This applies upon presentation of the receipt and delivery documents indicating the order number. The returns costs related to warranty will be borne by Homemania LLC.
6.3 The legal guarantee of conformity does not cover:
- Defects or damages resulting from normal use of the product.
- Slight differences in the products.
- Any damage resulting from incorrect use, installation, storage or assembly as specified in the instructions of assembly and maintenance.
We kindly ask you to read carefully the following terms before using our WEBSITE.
8.1 information on our website: we constantly endeavor to always offer content of maximum quality. The descriptions of the products and the images on the website correspond to the ones made available to Homemania by its suppliers. Photographs and video presentations are furnished in support of the descriptions published on the website and for illustration purposes only. The quality of the images (e.g. in terms of the exact color display) may vary in accordance with the software and IT tools used by the customer to access our WEBSITE.
8.2 Malfunctions: Homemania LLC does not assume any responsibility for the problems resulting from the normal use of our website or the technologies employed, such as:
a) any errors, delays or impossibility in accessing the website for the execution of the sale procedure.
b) any errors, delays or impossibility in the receipt of communications related to the sale of products sent by Homemania LLC.
9. RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY
9.1 Homemania LLC informs that the website, as well as all trademarks and brands used are protected by intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication or alteration in any form of its content it is forbidden. By content, trademarks and logos used by Homemania we refer to works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, functionalities and design of the website.
9.2 Homemania LLC assumes no responsibility with regard to trademarks and other distinctive signs that may appear on products sold on the site, and for which the customer will not acquire any rights once the agreement is concluded.
10. DATA PROTECTION
10.1 In order to process orders and respond to requests, Homemania LLC collects personal data. We will register all personal data submitted at the time of the registration to the website, as well as those subsequently communicated at the time of the order.
11. CONTACT US
11.1 For any questions or requests you can contact Homemania:
- Reach us+39 (0) 30 90 02 224
- Email us: email@example.com
- Or by post: Homemania LLC, Via Agello 68 / L, 25010 Desenzano del Garda (BS).
12. GOVERNING LAW
12.1 The Italian law will be applied to the sales, in particular, the provisions of Chapter I of Title III of Part III of the Consumer Code (Legislative Decree no. 206/2005) and the European Directive 2000/31, implemented by Legislative Decree 09/04 / 2003 n. 70.
12.2 The CUSTOMER shall in any case be guaranteed the rights conferred by any mandatory rules that protects the consumer if those rules are applicable in the CONSUMER country of habitual residence.
12.3 The invalidity of any single clause of the GTC will not imply the invalidity of the entire agreement/GTC.
13.1 HOMEMANIA reserves the right to modify these GTC, which can be consulted at any time via the WEBSITE. In case of modification, the CUSTOMER will be notified by e-mail to the address indicated during the registration.
13.2 In any case, the applicable Gtc will be those indicated on the WEBSITE at the time the order is concluded.