These Terms of Sale describe the online purchasing methods on the website astroflor.ch in compliance with the regulations in force on distance contracts:
Consumer set out in Italian Legislative Decree no. 206 of 6 September 2005 as amended by Italian Legislative Decree no. 21 of 21 February 2014 (“CONSUMER CODE”) and, for anything not provided therein, Articles 7 and 12 of Italian Legislative Decree no. 70 of 9 April 2003 (“E-commerce DECREE”) and Italian Legislative Decree no. 83 of 25 May 2021 (“E-commerce VAT decree”);
Business in accordance with the Civil Code and all e-commerce regulations above.
Before making any online purchase you are invited to read the Terms of Sale, the Terms of Sales, the Right of Withdrawal and the Privacy Policy carefully and all clauses governing the contract of sale.
The Conditions of Sale may be subject to change at any time, so each customer is required to consult them before making each purchase. In any case, each sale will be applied to the version of the Conditions of Sale in force at the date of sending the purchase order.
Identification of Seller
The seller is Cini&Nils srl, with registered office in 20094 Corsico (MI), Via Antonio Meucci, 10, Tax Code and VAT n. IT00849130158, registered at the Companies Register of Milano, with Economic & Administrative Index n. MI-820502.
Contacts
For any information, assistance or for the methods of online purchase, the warranty, withdrawal or anything else, please contact the customer service of Cini&Nils srl (“Customer Service”) at the following e-mail address: assistenza@cinienils.com.
Definitions
Customer: the individual consumer of adult age (or, if a minor, authorised by the parent or guardian) who makes the purchase for purposes not relating to any commercial, business or professional activity performed.
Business: is the natural or legal person who acquires in the exercise of his profession.
Customer: is the user, Consumer or Business, who makes the purchase.
Terms of sale: all terms of sale found on the website astroflor.ch, applicable to the contractual relationship in place between the Seller and the Customer.
Online sales contract: the sales contract relating to the Products, entered into between the Seller and the Customer as part of a distance sales system organised by the Seller by way of electronic tools.
Purchase order: the Customer’s purchase order in electronic format made in accordance with the procedure indicated in the Terms of Sale and which constitutes a contractual offer by the Customer to purchase the Products.
Products: all the products listed on the site.
Website: the website astroflor.ch owned by Cini&Nils srl.
Seller: Cini&Nils srl, with registered office in 20094 Corsico (MI), Via Antonio Meucci, 10, Tax Code and VAT n. IT00849130158, registered at the Companies Register of Milano, with Economic & Administrative Index n. MI-820502.
Subject of online sales contract
With the online sales contract, the Seller sells and the Customer buys the Products, as part of a distance sales system organised by the Seller by way of electronic tools on the Website.
All Products are subject to availability. The Seller reserves the right at any time to vary without notice the limits to the quantities and/or types of Products that can be purchased online on the Website as well as the style, models and colours of the Products described on the Website.
The images of the Products on the Website (despite Cini&Nils srl constantly taking measures to ensure that the photographs shown on the Site are faithful reproductions of the original products) may differ from reality by virtue of the internet browser and/or monitor used. The Seller will not be responsible for any inadequacy of graphic representations of products displayed on the Site if due to such technical reasons, since such representations are merely illustrative.
Price
All sales prices of the Products indicated on the Website are shown in Euros.
Unless otherwise indicated, the prices of the Products include VAT applicable and any other tax (where applicable) and they DO NOT include shipping costs and costs for additional services that may be highlighted in the product specifications.
The prices applied are those indicated on the Website at the time of the purchase order by the Customer.
The Seller reserves the right to vary without notice the prices of the Products, the offers, the shipping costs and the costs for additional services. Before sending the purchase order, the Customer is invited to check the final price indicated in the Product specifications.
Any new prices, new offers, shipping costs and costs for additional services will be applied only to purchase orders received on a date after their publication on the Website.
The Seller checks that the prices indicated on the Website are correct; however, it does not guarantee the absence of errors. Where an error is identified in relation to the price of a Product, the Seller will contact the Customer at the e-mail address provided by the same to give him/her the chance to re-confirm the Product order or to cancel it.
All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the Website and in the Order, unless otherwise specified, shall be deemed not to include any costs related to customs duties and taxes not previously calculated, if the shipment takes place in non-EU countries or in countries where the current legislation provides for import charges. In such a case, any additional costs will be clearly mentioned during the insertion and revision of the Order.
These costs are then borne by the Customer and must be paid directly at the time of delivery of the Products.
Product purchase process
The purchase order must be placed online by clicking on the desired products which will be placed in the shopping cart through the “Add to Cart” button. All the chosen products are displayed in “Your Cart”. With the button “View cart” you can check all the products chosen and the total amount of the expenditure. In order to proceed to the compilation of the purchase order the Customer will have to click on the button “Proceed with the order” and will have to insert in the appropriate form the requested data.
The Customer during the purchase process can become a user of the site by making its registration online through the button “Create an account?”. The newly registered Customer will receive an e-mail with his automatically generated password that can eventually change within his account.
Clicking on the button “Proceed with the order” the Customer places a binding order for the purchase of products that are in the shopping cart and agrees with the validity of these Terms of Sale, with the information on the Right of Withdrawal, with the Privacy Policy and all the clauses that govern the contract of sale.
For the purchase of Products in the cart, the Customer is required to confirm the economic transaction and select the desired method of payment, to this end the site redirects the Customer to enter the necessary data (credit card data, bank data) for the economic transaction.
Orders that do not record the corresponding economic transaction are automatically cancelled.
The confirmation of receipt of the order is made together with the confirmation of the order through an automatic e-mail that will be sent immediately after placing the order.
All Purchase Orders sent to the Seller must be completed in all their parts and must contain all information required for the exact identification of the Customer, the ordered Products and the location of their delivery. The Customer is strictly prohibited from entering false and/or invented and/or made up information in the purchasing process. The personal details and e-mail address must be exclusively the personal data of the Customer and not third party or made up details. The Seller reserves the right to pursue any violation and abuse, in the interest of and for the protection of all the consumers.
The Seller is relieved of any liability arising from the issuance of incorrect tax documents due to data errors provided by the Customer upon entering the Order online, since the customer is solely responsible for their correct insertion.
Seller is relieved of any liability arising from errors or delays in accessing the Website by the Customer when entering his / her data in the purchase procedure. Just as by the slowness or inability to receive Customer confirmation or any anomaly that may occur due to problems with the Internet, or due to any other unpredictable and independent event from Cini&Nils srl.
The Seller is relieved of any liability arising out of any failure or problems related to the e-mail address provided by the Customer for the sending of the order confirmation.
The Purchase Order sent to the Seller is valid as a contractual offer by the Customer, manifested online and containing information on the essential characteristics of each ordered Product, the respective price, payment methods, delivery methods, shipping costs and any additional costs.
By sending the purchase order, the Customer unconditionally accepts the Terms of Sale and confirms to know and accept the further information contained on the Website cited even by way of links, including the Privacy Policy and the Right of Withdrawal.
The online sales contract is understood to be finalised and binding for both parties when the Customer receives e-mail confirmation from the Seller that the Products have been shipped.
The e-mail of acceptance of the Purchase Order will contain information relating to the essential characteristics of the Products purchased, a detailed indication of the price of the individual Products including VAT and the means of payment used, information on shipping costs and any costs for additional services.
The Customer must check without delay the content of the communication and report to the Seller within 24 hours from receipt any errors or omissions by sending an e-mail to the Customer Service of the Seller at the address ordini@cinienils.com.
The Seller also reserves the right to process the Purchase Order partially in the case of unavailability of one or more Products ordered by the Customer. In this case, the Customer will only be charged the sum corresponding to the order partially processed.
If, after the stipulation of the online sales contract, the Seller should fail to deliver all or part of the Products ordered due to force majeure or for reasons not attributable to the Seller, the latter is entitled to terminate the contract in whole or in part. The Customer will be informed by e-mail. Any payments already made for the relevant Products will be refunded to the Customer in full (in case of total withdrawal) or with reference to the Products that cannot be shipped (in case of partial withdrawal). The customer may not make any further claims.
The Customer, in any case, must always keep the order number communicated to him by the Seller in the e-mail of acceptance of the Order, which must be indicated in any communication with the Seller.
Every Purchase Order sent will be archived in the Seller’s database. The Customer, where registered, may access at any time his/her Purchase Order in order to monitor its status, by connecting to the Website and accessing the section “Account” and entering in the fields provided therein the e-mail address used in the order phase and the password. If the Customer is not registered, the same may obtain information on his/her Purchase Order by sending an e-mail to the Customer Service at the address ordini@cinienils.com, only during office hours, indicating the code relating to the order.
Payments
All payments by the Customer may only be made by means of one of the following methods: credit card through the PayPal platform, PayPal.
Payments made by credit card or by other electronic forms are done via protected connection. The Seller does not come into possession of the credit card details of its Customers/Business and it may not be deemed liable for any fraudulent uses of the card. Those details are received directly and exclusively by the banks that authorise the payment, proceeding only to communicate the outcome to the Seller.
When paying by PayPal, the Customer must follow the procedures found on the PayPal website. The amount relating to the order will be debited from the Customer’s PayPal account upon receipt of the order by the Seller. For each transaction performed with the PayPal account, the Customer will receive a confirmation e-mail directly from PayPal. If the order is subsequently cancelled, the amount refunded will be credited to the Customer’s PayPal account and the Seller cannot be held liable for any damages, direct or indirect, caused by delays in the release of the amount by PayPal.
Where, for any reason, the debit of the sums due from the Customer is found to be impossible, the Seller will send to the e-mail address indicated by the Customer a communication of non-acceptance of the purchase order. The purchase process will automatically be cancelled and the online sales contract will be deemed not to be finalised.
Any repayment to the Customer will be credited using the payment method used by the Customer in the order or using a manner chosen by the Customer.
The Seller will send a notification e-mail once the refund has been made to the e-mail address indicated by the Customer in the Purchase Order.
Invoicing
For each Purchase Order, the Seller will issue the respective order confirmation receipt based upon information provided by the Customer in the purchase order. The invoice will be sent to the Customer once the payment has been collected and shipped the goods purchased by the Customer, in electronic format if it is in force in the country indicated by the Customer. No change to the invoice will be possible after its issuance.
Delivery timescales and methods
The Seller proceeds to send the Products to the Customer by way of its trusted couriers from Monday to Friday, excluding Saturday, Sunday, public holidays and company closures for holidays.
The delivery times in the Italian territory and in the European Union are differentiated by type of Product according to the following indications:
a. Product “Cuboluce” five/seven calendar days;
b. all other Products fifteen calendar days..
The delivery times indicated are purely indicative.
Subject to cases of force majeure or unforeseeable events, the delivery timescales, in accordance with the provisions of Article 61 of the Consumer Code, do not exceed 30 days commencing from the day after that of transmission of the Purchase Order to the Seller, except where the Seller communicates – within the same timescale or by the last date agreed for the delivery, even by e-mail – the temporary impossibility of delivering the same. In that case, the Seller will proceed to refund any sums already paid by the Customer for payment of the invoice.
At the time of shipment, the Customer will be sent a shipment confirmation e-mail, together with a “tracking number” which will allow him/her to monitor the delivery status on the courier’s website.
The delivery of the Products will be made to the address indicated in the Purchase Order exclusively in the presence of the Customer or his/her officer, provided that they are an adult, who must sign the delivery documents for the Products.
Deliveries will not be made to mail boxes.
The Customer acknowledges that the collection of Products is an obligation arising from the online sales contract concluded with the Seller.
The Website allows you to request delivery of Products to an address other than the Customer’s own, provided that it is within the Customer’s country of residence. It is the Customer’s responsibility to indicate all the references necessary for the successful outcome of the delivery.
The shipping costs and any additional cost are charged to the customer if indicated. The relative amount will be expressly and separately indicated in the order summary, before the Customer proceeds to the transmission of the same, as well as in the order confirmation e-mail.
The delivery of the Products is considered completed at the moment in which the Customer, or the third party designated by him and different from the carrier, materially takes possession of the goods; from that moment, as per law, the risk of loss or damage of the Products, for causes not attributable to the Seller, is transferred to the Customer.
Upon delivery of the Products by the courier, the Customer or his/her officer is required to check that:
a. the number of packages delivered corresponds to what is indicated in the transportation document (DDT);
b. the packaging is intact, undamaged, not wet or in any case altered, even in the sealing materials. Any damages to the package and/or to the Product or the lack of correspondence of the number of packages or the indications must be disputed immediately in writing by the Customer or by his/her officer on the transportation document in the dedicated space. In that case, the Customer or his/her officer must reject the damaged goods without opening the package and the Seller, once the damaged package is received, will send a new shipment of the ordered Product. This is without prejudice, in any case, to the right of withdrawal of the Customer set out in the paragraph below entitled “Right of Withdrawal”. The Business customer has no right of withdrawal.
Any damage or mismatch in the number of packages or indications, must be immediately reported to the carrier who makes the delivery and reported to the Seller within 7 days by e-mail to assistenza@cinienils.com.
Once the transportation document is signed without the Customer or his/her officer having raised any dispute, the Customer may not bring any dispute in relation to the external characteristics of the delivered package.
If the Customer rejects or doesn’t pick up the package containing the Products, the Seller will be entitled to retain from the refund due to the Customer the costs of return of € 25,00 (twentyfive/00) VAT included. The refund thus determined will be credited by way of the payment methods chosen by the Customer in the Purchase Order, promptly and at most within 14 days from the return of the package.
Right of Withdrawal
The Customer is invited to read the information on the Right of Withdrawal carefully.
The Customer, without specifying any reason for the same and with no penalty, is entitled to withdraw from the online sales contract in accordance with Article 52 et seq. of the Consumer Code within the term of 14 days from receipt of the Products by the Customer if you are a consumer.
If the Customer buys as a professional or company, we reserve the right not to recognize this right of withdrawal, if the customer wishes to exercise it.
To exercise the right of withdrawal, the Customer must send an e-mail to assistenza@cinienils.com or call the dedicated telephone number (if present in the dedicated section of the Site) to receive authorization to return the Products. Within the next 14 days, the Customer must return the Products to the Seller, sending them to the address indicated by the Seller. As long as the goods remain in the possession of the Customer, the latter will be responsible for the integrity of the Product.
The right of withdrawal is subject to the following conditions:
a. Products returned must be returned in their entirety;
b. Products returned must be in perfect condition and in perfect condition, including any labels: no products will be accepted that indicate signs of damage or dirt that can not be regarded as being intact (worn, washed or damaged);
c. Products returned must be returned in their original full package in all its parts (including packaging and any documentation and ancillary equipment);
d. Products returned must be sent to the Seller in one shipment.
The Customer is responsible for handling the goods other than what is necessary to establish their nature, characteristics and functioning. If the returned Product is damaged/malfunctioning due to misuse, neglect, damage or physical, aesthetic or superficial alterations, tampering, improper maintenance, wear and tear the Customer will be fully responsible for payment of the price of the Product and related costs, including shipping and taxes, as originally agreed.
The shipping costs will be charged to the Customer.
In no case will packages be collected with cash on delivery or by way of carriage forward.
The Customer is advised to ship the Products to be returned, with their Institutional Packaging, insuring the entire amount of the goods and taking care to receive a shipment number allowing for the shipment to be tracked. The Seller will not be liable for any refund or compensation relating to Products and Institutional Packaging sent by the Customer but that has never been received by the Seller due to loss, theft or damage not attributable to the same.
If the Right of Withdrawal has been exercised in accordance with the above conditions, the Seller is required to repay the sums paid by the Customer indicated in the order of delivery (price, standard shipping costs, any additional costs for additional services) within the maximum period of 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Customer, but provided that in the same term the product was returned and verified by the Cini&Nils srl.
The Seller will use for the re-credit the same means of payment used by the Customer for the Initial Transaction, unless the Customer explicitly asks the Seller to use a different means and the latter agrees. If the Order has been paid through Paypal or Credit Card, the refund will be on the card or account used for the payment. Reimbursement times depend directly on banks.
The Customer will not be able to withdraw from the Contract in the event that the purchase concerns custom-made or clearly personalized products pursuant to art. 59, letter c) of the Italian Consumer Code (Legislative Decree no. 206/2005).
Legal warranty of Products
For any defect of conformity existing upon delivery of the Products, the Customer, if acting as a Consumer, in accordance with the provisions of Article 130 of the Consumer Code, will be entitled to the restoration at no cost of the conformity of the Product by way of repair or replacement or, where this is not possible, a reduction of the purchase price or termination of the online sales Contract.
If the Customer buys as a professional or as a company (Business), he is not entitled to the legal warranty of conformity, but, if he wishes, he can avail himself of the remedies provided by the legal warranty for defects.
There is a defect of conformity when the goods purchased:
a. is not suitable for use for which goods of the same type are normally used;
b. does not conform to the description made by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;
c. does not present the usual quality and performance of goods of the same type that the consumer can reasonably expect, including the statements made in advertising or labeling;
d. is not suitable for the particular intended use of the consumer and has been brought to the attention of the seller at the time of the conclusion of the Contract and that the seller has accepted.
The Product has a defect when:
a. is unsuitable for common use or for the use promised by the Seller;
b. it is affected by defects that appreciably reduce its value.
You are therefore excluded from the scope of the Legal Guarantee any other defects of any kind resulting from accidental accidents or liability or from use of the product not in accordance with its intended use and / or in the instructions for use of the product.
Remember that despite Cini&Nils srl constantly takes steps to ensure that the photographs of the products shown on the Site are faithful reproductions of the original products, including the adoption of any technological solution possible to minimize inaccuracies, it is always possible some variations due to the technical characteristics and color-matching features provided by the computer used by the Customer. The Seller will not be responsible for any inadequacy of graphic representations of products displayed on the Site if due to such technical reasons, since such representations are merely illustrative.
If you are a Consumer, the Seller is liable for defects of conformity where the same manifest, at detriment of the warranty, within a period of two years from the delivery date of the Product. The Customer must, however, report the defect of conformity within the term of two months from its discovery,/by sending an e-mail to the Customer Service at the address assistenza@cinienils.com indicating the code relating to the order and the problem identified, attaching, where possible, some photos of the same.
If you are a Business, the Seller will be liable for defects if they are declared within 12 months from the date of delivery of the Product. The Business must, however, report the defect, under penalty of forfeiture of the warranty, within 8 days of its discovery, by sending an e-mail to Customer Service at assistenza@cinienils.com in which must be indicated the code of the order and the problem found attaching where possible some photos relating to the same.
In order to benefit from the Legal Guarantee, the Customer must first provide evidence of the date of purchase and delivery of the goods. Therefore, for this purpose, the Customer should keep the purchase invoice or any other document attesting the purchase date (for example credit card statement) and the date of the delivery.
The Seller will contact the Customer to organise the collection of the Product.
The Customer using the Legal Guarantee is relieved of any cost.
The Seller reserves the right to check the existence of the reported defect of conformity and to perform the repair or replacement only after that check.
The Seller also reserves the right to verify the existence of the reported defect, and to reduce the price or terminate the Contract only after such control.
If, following that check, no defect of conformity is found or no defect on the Product, the Seller reserves the right to charge to the Customer the costs of verification, restoration and transportation.
In the event of a defect in conformity duly denounced within the terms, Consumer will be entitled to:
a. on a primary basis, free repair or replacement of the goods at the Customer’s choice, unless the remedy required is objectively impossible or excessively burdensome with respect to the other and, therefore, in the specific case, given the type of sale, replacement, where this is possible in relation to the number of specimens still available for sale;
b. on a secondary basis (in the case where repair or replacement is impossible or excessively expensive or repair or replacement has not been carried out within a reasonable time, or the repair or replacement that has already been carried out has caused significant consumer disadvantages) to the reduction of the price or termination of the Contract, at the Customer’s choice.
An over-burdensome remedy is intended to impose on the seller unreasonable expenses compared to alternative remedies that may be implemented, considering:
a. of the value that the good would have if there was no defect of conformity;
b. the extent of conformity failure;
c. of the possibility that the alternative remedy can be implemented without major disadvantages for the consumer.
In the event of a Product defect duly reported within the terms, the Business will be entitled to:
a. to the reduction of the price or to the termination of the Contract, at the Customer’s choice.
In the event of termination of the Contract, Cini&Nils srl will return the total amount paid to the Customer. In case of price reduction Cini&Nils srl will return to the Customer the amount of reduction previously agreed.
The amount of redemption or reduction will be communicated via email to the Customer and credited to the chosen payment medium or settlement.
Force majeure
Cini&Nils srl will not be held responsible in case of loss, damage, detention, delay or impossibility to deliver the products or for any non-fulfilment of the supply contract resulting from any fact, unforeseeable, inevitable, or however out of its control.
Events of force majeure include, but are not limited to, the following circumstances:
a. strikes, lockouts and other industrial disputes;
b. mobilizations and civil insurrections, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (whether declared or not) or threats and preparations for conflicts;
c. fires, explosions, storms, floods, earthquakes, epidemics or other natural disasters;
d. inability to use public or private means of telecommunications;
e. pandemics and lockdowns.
Complaints
Any complaints may in any case be sent to the Seller to the following address: Cini&Nils srl, 20094 Corsico (MI), Via Antonio Meucci 10 Italy or by e-mail to the address assistenza@cinienils.com
Dispute settlement
These General Sales Conditions are governed by Italian law and will be interpreted accordingly. Consequently, the interpretation, execution and termination of the General Sales Conditions are subject solely to Italian law and any disputes inherent to and / or subsequent to them must be resolved exclusively by the Italian court.
In accordance with Art 12 Letter f) of Italian Legislative Decree no. 70 of 9 April 2003, the Court with jurisdiction for disputes relating to this contract is that of the place of residence or elected domicile of the Consumer if located in the State of the Italian Republic, as the mandatory court in accordance with Art. 66 bis of the Consumer Code.
It is noted that the European Commission (Article 14 of EU Regulation 524/2013 and Resolution on ODR referred to in Legislative Instrument 500/2015 effective from 15 February 2016) has established the ODR platform for the extrajudicial resolution of disputes concerning contractual obligations deriving from sales contracts or online services between a consumer and a professional respectively resident and established in the European Union. The platform can be accessed via the following link: www.webgate.ec.europa.eu/odr . In that regard, the e-mail address of the Seller is: assistenza@cinienils.com.
The place of jurisdiction for disputes relating to this contract is the place where the ecommerce is located in the case of Business Customer.
