Terms and conditions of sale

Please read these Terms of Use and Sale carefully before using https://www.nimia.me (“Site”) and making any purchases on it.

The products marketed on the Site (“Products”), both under NIMIA’s proprietary brand and those of third parties, are offered and sold by GEA S.R.L., with registered office at Via Vittorio Emanuele II, 33, 10023 Chieri , P.IVA13049000014, registered with the Turin Companies Register under no. T586592935, with paid-up share capital of EUR 1,000.

These Terms of Use and Sale also made explicit in the FAQs relate to the use of the Site and the purchase of Products through it and are entered into between you and GEA S.R.L.

By using the Site or purchasing Products you represent that you have read and understand the terms and conditions of these Terms of Use and Sale and that you fully and unconditionally agree to each of its provisions. Full acceptance of the Terms of Use and Sale is a necessary condition for use of the Site and purchase of the Products. If you do not intend to accept these Terms of Use and Sale, you are urged not to use the Site, create a personal account, or make purchases on the Site.

GEA S.R.L expressly reserves the right to amend and/or supplement these Terms of Use and Sale to (i) ensure compliance with applicable laws and regulations; and (ii) adapt the Terms of Use and Sale to GEA S.R.L.’s reasonable business needs. It is understood that these Terms of Use and Sale and the Site may be changed at any time for technical improvements.

If you make a purchase on the Site, the applicable Terms of Use and Sale are those in effect on the date of your purchase. If there are any changes, the most current version of the Terms of Use and Sale will be available by clicking on the “Terms of Use and Sale” hyperlink on the Site and will in any event be submitted to you prior to the conclusion of your first purchase following the change.

These Terms of Use and Sale do not govern the sale of products and/or provision of services by parties other than GEA S.R.L that are present on the Site through links, banners or other hypertext links. GEA S.R.L makes no control over the content that can be consulted through such links. Therefore, before making commercial transactions with such entities, check their conditions of use and sale. In any case,GEA S.R.L is not responsible for the provision of services and/or sale of products by such subjects, nor for the contents of such sites and for any errors, omissions and/or violations of law by them.

1. Purchases on the site

To purchase Products on the Site:

you must be over 18 years of age or the age of majority under applicable law. By making a purchase and agreeing to the Terms of Use and Sale you represent that you are over 18 years of age;

you must be a consumer, i.e., you must be a natural person and you must be acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity you may have carried out. Therefore, all purchases you make on the Site are for personal use and not for resale and are subject to Legislative Decree No. 206 of September 6, 2005, as amended (the so-called Consumer Code);

The prices shown on the Site, expressed in Euros, include VAT. You will still be provided with any necessary information on shipping costs. Prices are subject to change.

In case of multiple simultaneous promotions, discounts cannot be combined with each other.

2. Sending the order and concluding the contract

When you place a purchase order on the Site using the “Proceed to Payment” button you are sending a contractual proposal to purchase to GEA S.R.L which does not constitute the conclusion of a contract. GEA S.R.L will send you, to the e-mail address indicated at the time of your order, a communication confirming receipt of your order. This e-mail does not constitute acceptance of the proposal, but only confirmation that the order has been received, following which GEA S.R.L will be able to check the availability of the Product(s) and, if necessary, verify the method of payment you have indicated.

The contract for the purchase and sale of the Product(s) will be considered concluded when you receive the e-mail of successful acceptance of the order, provided the payment is successful, containing information about the Product(s) ordered, including the price paid. If, for any reason, payment of the price is not successful, the order will not be processed and will be cancelled and the contract will not be concluded.

3. Availability of products

the Products are numerically limited and you are therefore aware that GEA S.R.L will have to check their availability at the time of sending the purchase order.

Although GEA S.R.L makes every effort to verify the availability of Products, occasionally inconveniences related to the availability of some Products may occur. In such circumstances,GEA S.R.L will notify you by e-mail promptly. If the Product is unavailable, you will be refunded. If your order consists of more than one Product, the available Products will be shipped and you will be refunded for the amount equal to the cost you paid for the unavailable Products.

4. Methods of payment

GEA S.R.L accepts the following payment methods for online purchases:

Credit/debit cards (Visa, Mastercard, American Express), PayPal, Bank transfer

Apple Pay and Google Pay, Klarna

5. Shipping policy

Deliveries are made by different carriers. The platform, depending on the point of pickup and destination automatically selects the carrier. The enabled couriers are: UPS, POSTE ITALIANE, BRT, FedEx, Impost. In case of strikes or other events, GEA S.R.L. can ship via other couriers.

Where we ship

We ship to Italy and Europe. For shipments outside these countries contact us directly at info@nimia.me

Delivery time

GEA S.R.L. delivers to Italy and the European Union from 2-7 working days depending on the country of destination. (Saturday deliveries are not possible). Islands, underserved locations, and remote areas may require delivery beyond the scheduled working days.

Order Tracking

After your payment order is processed, use the tracking number you received by email.

If you do not receive the email try checking the “spam” box as well or contact our Customer Service Department.

Shipping address

In order to ensure proper delivery times, we ask that you fill in all required blanks for the shipping address. We ask you to include the name of the company, offices or public businesses and their opening hours when not a home delivery. GEA S.R.L. is not responsible for any errors or omissions in the address. For any information please contact us at info@nimia.me

Damaged or tampered packaging

If you receive damaged or tampered packaging, we ask that you refuse the delivery or, if necessary, sign the reserve check. We strongly recommend that you photograph the packaging, after and before opening it. If the products are damaged, please contact the courier and inform Customer Service at: info@nimia.me

6. Right of Withdrawal

You may request a return by exercising your right of withdrawal, without penalty and without specifying a reason, for any Product purchased from the Site within 14 days from the date of delivery in the manner described below.

You must return the Products in their original, unworn, undamaged and unused condition with all tags attached.

You must ship the Products within 14 days from the date you notified GEA S.R.L., of your decision to use your right of withdrawal. We ask that you ship the Products in our box; if you cannot use the box you received, you may return the Products in a different box.

Products purchased in the same order for which you exercise your right of withdrawal must be shipped in a single shipment. Therefore, you must return all Products related to the same order for which you have exercised your right of withdrawal together.

We will refund the amount of your order and support you in handling the shipping, but you will be responsible for cancellation fees that will be calculated on individual deliveries.

To the maximum extent permitted by applicable law, if you make your purchase outside the European Union, the provisions of these Terms of Use and Sale governing the right of withdrawal will not apply, therefore, you may not return or exchange items.

In the event that the above conditions are not met, we will not process a refund. In such case, the Product will be returned to you at your expense, unless you expressly advise us otherwise. After this shipment, you will no longer be able to return your order.

7. How to exercise the right of withdrawal

At this time, the method of return and withdrawal must be by communication to info@nimia.me providing us with your order information and what you intend to return. Kindly provide a telephone number so we can contact you if necessary.

8. Refund in case of Withdrawal

The refund is issued on the same payment method used for the purchase.

The time it takes to display the amount on the credit card may vary according to local banking procedures.

As soon as the refund is issued, we will send you a confirmation email. In case of imminent credit card expiration, the refund will be made by bank transfer to the coordinates sent by the customer. GEA S.R.L. is not responsible for failure to notify you of credit card expiration and refunds made on expired cards.

Paypal: refund will be issued directly to your Paypal account.

9. Legal Warranty of Conformity

The Products sold on the Site are covered by the legal guarantee of conformity provided for in Articles 128 et seq. of the Consumer Code.

GEA S.R.L. is liable to you for defects of conformity, as defined by the Consumer Code, existing at the time of delivery of the Product. The action aimed at asserting defects not maliciously concealed is prescribed, in any case, within twenty-six months from the delivery of the good.

Unless you prove otherwise, defects in conformity that become apparent within one year after delivery of the Product are presumed to have already existed on that date, unless such a presumption is inconsistent with the nature of the Product or the nature of the conformity defect. On the other hand, one year after delivery of the Product, it will be your burden to prove that the lack of conformity already existed at the time of delivery of the Product.

In order to take advantage of the legal warranty, you will therefore have to provide proof of purchase and the date of delivery of the goods. Therefore, you should retain the purchase invoice/receipt, as well as the Transportation Document or any other document that can attest to the making of the purchase and the date of delivery for the purpose of such proof.

Notwithstanding the foregoing, any failures or malfunctions caused by external and accidental facts or by your responsibility or by use of the product not in accordance with its intended use and/or with the provisions of the documentation attached to the product are excluded from the scope of the legal warranty.

Remedies at your disposal

In case of conformity defect falling under the legal warranty, you have the right:

in the first instance, to the repair or replacement of the property free of charge, at your option, unless the remedy sought is objectively impossible or excessively burdensome compared to the other;

secondarily to the proportional reduction of the price or termination of the contract (with a refund by GEA S.R.L. of the amount paid by you for the purchase of the Product), at your option, in the event that:

GEA S.R.L. did not carry out the repair or replacement, or refused to do so as impossible or unduly burdensome;

a lack of conformity is manifested, despite GEA S.R.L.s attempt to restore the conformity of the good;

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

GEA S.R.L. has declared or it is clear from the circumstances that it will not restore the conformity of the good within a reasonable period or without considerable inconvenience to the consumer.

Without prejudice to other remedies,GEA S.R.L. may object to the termination of the contract if it proves that the lack of conformity is only minor.

What to do in case of conformity defect

In the event that a product purchased on the Site, during the legal warranty period, manifests what may be a conformity defect, contact customer service who will provide you with the necessary guidance.

GEA S.R.L. reserves the right to ask you to enclose with the request to exercise the legal warranty the purchase receipt or invoice and/or the Transportation Document or other document proving the date of purchase and the date of delivery. In addition, GEA S.R.L. reserves the right to carry out verification of the existence or otherwise of the defect complained of once the Product has been received.

10. License

By these Terms of Use and Sale,GEA S.R.L. grants you a non-exclusive, non-transferable, non-sublicensable, limited right to use the Site in accordance with the manner of use expressly permitted by the Site and governed by these Terms of Use and Sale. You shall comply with any restrictions on the Site without altering the Site in any way. In particular, except as required by mandatory provisions of law, you will refrain from, but not limited to, the following activities: circumventing the technical limitations on the Site; reverse engineering, decompiling or disassembling the Site; etc.

It is expressly understood that GEA S.R.L. reserves all rights not specifically licensed under these Terms of Use and Sale.

Except as expressly permitted by these Terms of Use and Sale, you may not:

Use the Site to provide any commercial services;

use the Site to develop a product that competes with the Site or with GEA S.R.L. and its activities and with respect to the proprietary and registered NIMIA brand;

Use automatic access tools, such as spiders or robots, or perform scraping activities in relation to the Site or collect information and data from the Site;

allow third parties to access or use the Site, except as may be provided in these Terms of Use and Sale.

11. Content and Use of the Site – Intellectual Property

The Site and its contents are the property of GEA S.R.L.

The Site and its contents are protected by national and international copyright, trademark, design, software, database and domain name protection or any other intellectual and industrial property rights legislation.

You may not reproduce, except for purposes related to your personal use and within the limits provided by applicable laws in force, publish, communicate to the public by any means of communication, transmit, perform, represent, distribute, display, remove, delete, add to, or in any other way modify the Site or the contents, as well as create works inspired by or derived from them, commercialize the Site and/or the contents, and/or take an active part in their commercialization, unless there is express and prior authorization from GEA S.R.L.

You are expressly prohibited from damaging, interfering with, or disrupting access to the Site and content, or taking any action that could alter functionality or interfere with other users’ access to the Site or content, as well as using the Site or content in a manner that is unlawful or harmful to GEA S.R.L., or any third party, including any other user of the Site.

The web pages of which the Site is composed may allow access, through dedicated hypertext links (so-called links), to third-party websites or resources present on the Internet. GEA S.R.L. cannot be held responsible for the actual reachability of third party sites connected through links, nor for any damage that may be caused to you and/or users in relation to the content or materials or Products offered or obtained by you through such sites.

12. Disclaimer of warranty and limitation of liability

Through use of the Site you expressly acknowledge and agree that the Site is provided “as is” and “as available” at the time of its use.

GEA S.R.L. to the fullest extent permitted by applicable law and subject to the provisions of this section, makes no warranties, express and/or implied, with respect to the Site such as, but not limited to, any warranties of safety from harmful software (i.e. malware and/or viruses of any kind and only by way of example file viruses, boot viruses, macro viruses and network viruses) or warranties of merchantability or fitness for particular purpose.

GEA S.R.L shall not be held liable in any way for damages arising out of the use of the Site and the purchase and/or use of the Products, except as required by applicable law.

Any content downloaded, created or otherwise acquired from or through the Site is obtained at your sole and exclusive discretion and risk. You are therefore solely and exclusively responsible for any damage that may occur to your devices or loss of data resulting from your use of the Site. To the fullest extent permitted by applicable law, through your use of the Site you agree to bear all risks associated with such use and to assume full responsibility for any loss of use, loss of data and costs associated with any servicing and/or repair of the hardware and/or software used in connection with the Site, also agreeing not to hold GEA S.R.L liable in any way for any damages arising out of or caused by your use of this Site or related to it.

13. Manleva

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless GEA S.R.L its affiliates, directors, officers and assigns from any and all liability arising out of pecuniary and non-pecuniary damages, suffered by them or any third party and in any way (i) arising out of your negligent use of the Site and the Products, or otherwise in violation of any provision of these Terms of Use and Sale, or (ii) arising out of your violation of any applicable provision of law or any rights of any third party.

14. Applicable Law and Jurisdiction

These Conditions of Use and Sale are prepared in accordance with and governed by Italian law, to the exclusion of any rules of private international law that may be applicable.

Any dispute arising out of the interpretation, validity, performance, fulfillment, or termination of these Terms of Use and Conditions of Sale shall be subject to the exclusive and irrevocable jurisdiction of the courts of the place where you have your residence or domicile.

In any case, you can have recourse to the out-of-court dispute resolution procedures set out in Articles 141 to 141-decies of the Consumer Code. The European Commission’s Online Dispute Resolution platform is available at http://ec.europa.eu/odr.

15. Protection of personal data

GEA S.R.L takes into special consideration and pays the utmost attention to the protection of your personal data. GEA S.R.L carries out the processing of your personal data in accordance with the provisions of applicable law and in accordance with its privacy policy accessible at the “Privacy” link found on the Site and which forms an integral and substantial part of these Conditions of Use and Sale.

16. Miscellaneous provisions

These Terms of Use and Sale constitute the entire agreement between you and GEA S.R.L. and supersede any prior or contemporaneous conditions, agreements or representations, whether oral or written, relating to the subject matter of these Terms of Use and Sale.

Should one or more of the clauses of these Terms of Use and Sale be declared invalid or ineffective under applicable law said invalidity/ineffectiveness shall have no effect with respect to the remaining clauses of these Terms of Use and Sale which shall remain valid and effective as between you and GEA S.R.L.

GEA S.R.L will retain the right to replace any clause or clauses declared invalid or ineffective with other clauses in accordance with applicable law.

Neither you nor GEA S.R.L shall be deemed to be in default under these Terms of Use and Sale by reason of any delay or failure to perform its obligation resulting from any event beyond your reasonable control or that of GEA S.R.L(so-called “Force Majeure”) provided that the affected party gives notice to the other party in a reasonably timely manner of the Force Majeure condition and makes reasonable efforts to mitigate the delay or default.

Any communication from you to GEA S.R.L regarding these Terms of Use and Sale should be addressed to info@nimia.me

17. How to contact us

The following is the Customer Service contact: info@nimia.me

You can find answers to frequently asked questions by checking our FAQs.