General conditions of sale for wholesale orders/B2B orders
The "NDÉ HOME" brand is a sub-brand of NDE HOME DI ONUIGBO LUCA. As a sub-brand, "NDÉ HOME" is fully owned and operated by NDE HOME DI ONUIGBO LUCA. Every action, decision and reference regarding the "NDÉ HOME" brand is directly derived from the direction and strategic vision of NDE HOME DI ONUIGBO LUCA.
1. GENERAL PROVISIONS
1. These General Terms and Conditions of Sale apply to all offers and agreements with third parties of NDÉ HOME.
2. Confidentiality: NDÉ HOME will treat all customer data confidentially.
3. In principle, the delivery takes place DDP (Delivered Duty Paid), unless offered or otherwise agreed in the sales contract.
4. If NDÉ HOME bears the transport costs, it will also be responsible for choosing the shipment.
5. The full risk passes to the buyer upon unloading of the delivery at the final destination, unless offered or otherwise agreed in the sales contract.
6. The choice of packaging is up to NDÉ HOME.
1. NDÉ HOME offers are non-binding.
2. Agreements are concluded on the Internet only after acceptance of the order by NDÉ HOME. Unless expressly provided otherwise, the latter is entitled to refuse orders or to make the delivery subject to certain conditions. If the order does not reach NDÉ HOME due to technical deficiencies, no agreement is entered into.
1. Unless otherwise indicated, the prices indicated are exclusive of VAT and include shipping, transport and customs duties, if applicable.
2. The agreed prices are based on cost factors, such as those existing at the time of the conclusion of the agreement. In the event of changes in price determinants and increases by its suppliers, NDÉ HOME reserves the right to charge the buyer a proportional price increase.
1. The shipment takes place at NDÉ HOME's partial risk and all costs relating to the delivery, including customs duties and shipping costs, are included in the price (DDP - Delivered Duty Paid), unless offered or otherwise agreed in the sales contract.
2. The choice of shipping and packaging is up to NDÉ HOME.
1. Shipment of partial deliveries is possible.
2. The indicated delivery time must be considered as a deadline.
3. If the delivery of the goods does not take place at the time indicated, NDÉ HOME has the right to 30 days to make a new delivery, starting from the date of receipt of a registered injunctive letter from the purchaser.
4. If the delivery does not take place even after formal notice, the only right of the buyer consists in the written cancellation of the agreement. The omission of the supply will never entitle NDÉ HOME to any compensation for damages.
6. FORCE MAJEURE
1. Since the risk is partially NDÉ HOME's responsibility, in the event that force majeure events hinder or delay the execution of the agreement, NDÉ HOME has the right to cancel it, without resulting in any right to compensation for damages for the buyer.
2. Cases of force majeure include non-receipt or non-punctual receipt, by NDÉ HOME's suppliers, of the goods necessary for the fulfillment of the latter's obligations, strikes and measures by the authorities which are an obstacle, as well as meteorological events which may cause delays in the delivery of the goods and which are not under the control of NDÉ HOME. For example, any delays due to the work of the customs authorities are considered cases of force majeure and are not the responsibility of NDÉ HOME.
7. LIABILITY AND CLAIMS
1. Claims relating to supplies must be sent to NDÉ HOME in writing within 8 days of delivery of the goods to the customer. Otherwise, the supply will be deemed to have been made in compliance with NDÉ HOME's obligations.
2. If the complaint has been presented in time and the goods supplied do not satisfy the agreement, NDÉ HOME will, optionally and possibly upon return of the goods supplied, repeat the delivery free of charge or credit the buyer for the collected goods. NDÉ HOME is not bound by any other obligation, not even, in particular, the payment of compensation for damages.
3. NDÉ HOME declines all responsibility for indirect damages suffered by the products or by the stipulated agreement.
4. Complaints will be taken into consideration only if they are related to the integrity of the items of the supply received or to their quality. In the event that it refers to the quality of the supply, the complaint will be taken into consideration only for the products for which the customer has requested a sample, in fact, in such cases, the responsibility lies with NDÉ HOME, since the delivered goods do not conform to those sampled and agreed with the customer.
1. In compliance with the contractual provisions, the customer is required to make an advance payment equal to 50% of the total amount before supplying the goods. This payment constitutes acceptance of the contract and marks the beginning of NDÉ HOME's responsibility to initiate the supply process and fulfill all agreed obligations.
In the event that the customer does not respect the payment terms of the first installment, NDÉ HOME will not initiate any operation relating to the contract and will cancel the same 30 days after its creation.
The payment of the second installment, equal to the remaining 50% of the total amount, must be made when the supply is sent from the NDÉ HOME warehouse to the final destination indicated in the contract. It is the responsibility of NDÉ HOME to inform the customer of the date on which to pay the remaining amount and to send the relative invoice to the latter. In the absence of confirmation of receipt of payment, the supply will not be shipped and will remain in storage in the possession of NDÉ HOME.
2. In the event that the customer fails to respect the payment terms of the second installment and the supply remains in stock, NDÉ HOME will charge interest equal to 5% of the total amount for each week of delay in payment, and for a maximum of 20 weeks, starting from the eighth day following the designated payment date. This interest must be paid by adding it to the first possible payment.
It should be noted that the complaint does not suspend the payment obligation and that the offsetting of debts is not permitted.
3. If at the expiry of 20 weeks from the issuance of the invoice relating to the remaining 50% of the total amount, if the amount still remains unpaid, the necessary judicial and extrajudicial recovery procedures will be initiated for the recovery of the credit.
4. All judicial and extrajudicial recovery costs are borne by the buyer. Extrajudicial recovery costs amount to at least 15% of the outstanding principal amount plus any interest accrued during the storage period, with a minimum of € 250,-- and are payable, without further reminders, from the moment NDÉ HOME transmits the credit to third parties for recovery.
5. For the first order, the customer is asked to pay in advance equal to 100% of the value.
1. In the event of non-payment of a due amount, suspension of payment and if, after the conclusion of the agreement, a well-founded doubt arises regarding the fulfillment of the obligations by the buyer, the latter is obliged, upon first request, to pay in advance or to lodge a security. Failure to comply with this obligation will be considered a breach and will give NDÉ HOME the right to terminate the agreement, in whole or in part, without further formal notice or judicial intervention, for which it will be able to claim damages equal at least to the amount owed by the purchaser under the agreement.
2. All goods supplied and yet to be supplied remain the exclusive property of NDÉ HOME until full payment of all outstanding or recoverable receivables from the purchaser, for whatever reason. In the event of non-fulfillment by the buyer of any obligation deriving from the agreement towards NDÉ HOME, the latter has the right, without the need for any formal notice, to collect the goods; in this case, the agreement is terminated even without judicial intervention, without prejudice to the right of NDÉ HOME to compensation for damages.
3. If NDÉ HOME recovers the goods due to non-payment, it has the right to collect from the customer the goods deemed identical, from a technical point of view, to the unpaid one. By "technically identical" we mean the goods that NDÉ HOME can sell by describing the product in the same way.
1. All NDÉ HOME agreements are governed by Italian law.
2. Any disputes will be submitted to the competent judge in the place where NDÉ HOME has the right to appeal, for them, to the judge who would be competent to hear the request in the absence of the above clause.
NDE HOME DI ONUIGBO LUCA
Via Giovanni Amendola 13, 29122, Piacenza (PC), Emilia-Romagna, Italy
Qonto (Olinda SAS, Italian branch), via Torino 2, Milan, Italy
BIC code: QNTOITM2XXX IBAN: IT46D3609201600976856528538
(By B2B orders, we mean all orders (placed either through the ndehome.com website or directly through a sales service operator) in which one or more items are purchased in a quantity greater than 5 units per single item)