Terms and Conditions of Nocilia.it

Overview

These Terms govern the use of the Nocilia website, managed by Omnia Group S.r.l., and establish legally binding agreements for users. They apply to all users unless otherwise specified for consumers or professionals.

Contact Information

Omnia Group S.r.l., via Santa Lucia, snc, 98078 Tortorici (ME), Email: amministrazione@nocilia.it

Use of the Website

Users can browse or register on Nocilia.it without specific restrictions. Registration requires truthful and complete data, while some features may be limited without an account. The security of credentials is the responsibility of the user.

Account Closure and Management

Users can close their accounts at any time by contacting Nocilia. Nocilia reserves the right to suspend or delete accounts for valid reasons, without any obligation to compensate the user. The user is responsible for any costs or fees until the account is closed or deleted.

Key Provisions

  • The provisions apply to all users, unless specified for consumers or professionals.
  • The right of withdrawal is reserved for European consumers.
  • Registration is not mandatory but allows full access to the website's features.
  • Users must maintain the security of their credentials.
  • Users can close their accounts at any time without any rights to compensation for closure.

Content on the Nocilia.it Website

  • Ownership of Content: Unless otherwise indicated, all content on Nocilia.it belongs to Omnia Group S.r.l. or its licensors. The Owner commits to ensuring that the content complies with applicable laws and third-party rights.
  • Usage Rights: Users may use the content only to the extent necessary for the use of the service. Copying, modifying, selling, or creating derivative works is prohibited without authorization. For some content, personal, non-commercial use is allowed with proper attribution.
  • Access to External Resources: The site may provide access to third-party content, over which the Owner has no control, and for which the Owner is not responsible.
  • Permitted Use of the Website and Service: Users must ensure that their use of the website and services does not violate laws, regulations, or third-party rights. The Owner may take measures to protect its interests, including denying access or reporting illegal activities.
  • User Responsibility: Users are responsible for any illegal use of the site or service that may violate laws, harm third parties, or offend the Owner or others.

Terms and Conditions of Sale on Nocilia.it

  • Paid Products: Some products offered on Nocilia.it are for sale. Details on fees, duration, and sale conditions are available on the site and subject to change.
  • Product Description: Prices, descriptions, and availability of products are indicated on the site and may vary. Despite accuracy in presentation, images and representations are purely indicative.
  • Purchase Procedure: Purchase requires the selection of the product and confirmation of the order, which implies an obligation to pay and, if necessary, cooperation to provide additional information. Order confirmation and all communications take place via email.
  • Prices: All costs, including any shipping fees, are communicated during the purchase. Promotions are subject to specific terms and may vary over time.
  • Payment Methods: Details of accepted payments are specified during the purchase. Payments are managed by third-party services, and the site does not directly collect payment data.
  • Retention of Title: Ownership of the products is transferred to the user only after full payment.
  • Delivery: Deliveries take place according to the selected methods, and users must check the package upon delivery. Shipments are limited to the countries indicated on the site, and delivery times are specified during the purchase.
  • Non-Delivery: The Owner is not responsible for delivery errors due to inaccurate information provided by the user or for damages after delivery. In case of non-delivery, actions will be taken to resolve the issue, and additional costs may apply for the user for attempts to deliver after the first.

User Rights and Right of Withdrawal

  • Right of Withdrawal: Users have the right to withdraw from the purchase within 14 days without giving any reason. This right is guaranteed to European Consumers for online purchases. The withdrawal procedure requires sending clear communication to the Owner within the established deadline.
  • Withdrawal Deadline:
    • For goods purchases, the deadline expires 14 days after the user or a third party designated by the user receives the goods.
    • For goods delivered separately or in lots, the deadline expires 14 days after receiving the last item.
  • Effects of Withdrawal: The Owner refunds all payments, including delivery costs, within 14 days of the withdrawal notice. Additional costs for non-standard delivery methods remain the responsibility of the user. Goods must be returned within 14 days of the withdrawal notice.
  • Warranties: European legislation provides a legal guarantee of conformity for 2 years from delivery. This guarantee applies to European consumers according to the laws of their country of residence, which may offer broader rights.

Limitation of Liability and Indemnity on Nocilia.it

  • Indemnity: The user agrees to indemnify the Owner from any claims or demands arising from violations of the Terms, third-party rights, or laws, including legal fees.
  • Limitation of Liability:
    • The Owner is not liable for indirect or collateral damages, except in cases of willful misconduct, gross negligence, or personal injury.
    • Liability is limited to foreseeable damages at the time of contract conclusion.
    • For Australian users: liability is limited according to the Competition and Consumer Act 2010, at the Owner's discretion.
    • For U.S. users: exclusion of implied warranties; the Owner does not warrant that the service meets the user's needs or is error-free or uninterrupted.
  • Warranty Disclaimer: The service is provided "as is." The Owner is not responsible for the reliability of the content, service interruptions, or damages resulting from the use of the service.
  • Specific Limitations for U.S. Users:
    • Limited liability for indirect damages, including loss of profits or data.
    • Indemnity covers violations of the Terms, third-party rights, or laws.
  • Specific Legal Rights: These limitations apply within the limits allowed by law. Users may have additional rights depending on the jurisdiction.
  • Extended Indemnity: The user will defend and indemnify the Owner from claims arising from the use of the service, violations of the Terms, third-party rights, or laws.

Common Provisions on Nocilia.it

  • No Implied Waiver: The failure of the Owner to exercise rights or claims does not constitute a waiver of such rights.
  • Service Interruption: The Owner may interrupt the service for maintenance or updates, committing to adequately communicate to users and ensuring the protection of their data in case of termination.
  • Resale of the Service: It is prohibited to use the website or service for resale purposes without the Owner's consent.
  • Privacy: The management of personal data is described in the website's privacy policy.
  • Intellectual Property: All intellectual property rights related to the site belong to the Owner or its licensors.
  • Changes to the Terms: The Owner may modify the Terms, communicating the changes to users. Continued use of the service implies acceptance of the updated Terms.
  • Contract Assignment: The Owner may transfer rights and obligations under the Terms, respecting the users' interests.
  • Contact Information: Communications related to the use of the site must be sent to the indicated contacts.
  • Severability Clause: If a provision of the Terms is invalid, this does not invalidate the entire agreement.
  • Governing Law and Jurisdiction: The Terms are governed by the law of the place of establishment of the Owner. Disputes will be subject to the jurisdiction of that place, with exceptions for European consumers.
  • U.S. Users: Waiver of jury trial and limitation to individual procedures for disputes.

Dispute Resolution and Right of Withdrawal on Nocilia.it

  • Amicable Resolution: Nocilia encourages users to report any disputes via email for an amicable resolution. A response will be provided within 2 days.
  • EU Platform for Dispute Resolution: European consumers can use an online platform provided by the European Commission to resolve disputes related to online purchases. http://ec.europa.eu/consumers/odr/
  • Sample Withdrawal Form:

To exercise the right of withdrawal, users can fill out the following form and send it to Nocilia:

Sample Withdrawal Form

Addressed to:

Nocilia - Omnia Group S.r.l. - Nocilia® via Santa Lucia, snc 98078 Tortorici (ME) amministrazione@nocilia.it

I/We hereby notify the withdrawal from my/our contract for the sale of the following goods/services:

_____________________________________________ (insert here a description of the goods/services from which you intend to withdraw)

• Ordered on: _____________________________________________ (insert date)

• Received on: _____________________________________________ (insert date)

• Name of the consumer(s):_____________________________________________

• Address of the consumer(s):_____________________________________________

• Date: _____________________________________________

(sign only if this form is notified in paper version)

Definitions and Owner Details

The document defines key terms and provides details about the site owner, Omnia Group S.r.l., with information for contacts and complaints.

Last Modified: The terms were last modified on February 13, 2024.