General Terms of Use and Sale

These General Terms of Use and Sale (hereinafter, the “Terms of Use and Sale”) govern – on one side – the conditions for the sale of goods and services (hereinafter, respectively, the “Products” and “Services”) offered by NEXTEX S.R.L.S. through the website decoitaliandesign.com (hereinafter, the “Website”).

Deco Italian Design is an online sales platform for Products and Services offered.

The selling party is NEXTEX S.R.L.S. – hereinafter, “Deco Italian Design” – (Tax Code 10560021213 – VAT number IT10560021213), an Italian company with its registered office at Piazza Margherita, 53 - 80040 - San Gennaro Ves.no (NA).

Browsing the Website

Anyone browsing the Website without being registered or authenticated is considered a user (hereinafter, “User”). To become a Customer, it is necessary to register and accept these Terms of Use and Sale.
The User consents to the registration by Deco Italian Design of their personal data in the “Web Users” file, thereby acquiring the status of “Customer” of Deco Italian Design.

Deco Italian Design provides information about Products and Services of Deco Italian Design and offers the possibility to purchase these Products and Services through the Website.
Individuals who wish to navigate the Website or make a purchase of Products or Services must have “Customer” status, which is acquired by completing the registration form, accepting these Terms of Sale and Use, the Privacy Policy, and the Cookie Policy.

The Customer or User who accesses the Website and/or makes a purchase of Products and Services through the Website accepts and is bound by the Terms of Use and Sale as they appear when accessing the Website.

All Customers or Users who access the Website must be over sixteen years of age and have sufficient legal capacity to enter into contracts.

When a Customer starts a browsing session, Deco Italian Design uses cookies. For more information on the use of cookies, refer to our [Cookie Policy].
These cookies are restored each time the Customer accesses the Website and have an approximate duration of one month. As a security measure, if the Customer tries to access private and sensitive sections, such as “My Account,” 30 minutes after the start of the session, Deco Italian Design will prompt for identification to access those sections.
If the Customer does not wish to keep their session open, they can close it by clicking “log out” in the top right menu of the Website at any time.

Deco Italian Design operates through the Website and distributes its Products worldwide, with no geographical limitations. Deco Italian Design is active globally and provides Products to customers from all over the world.

Product and Service Information

The descriptions of the Products and Services offered on the Website are created based on the information and documents provided by Deco Italian Design‘s suppliers and collaborators.

Photographs, graphic or iconographic representations, and videos related to the Products and Services, as well as commercial names, trademarks, and distinctive signs of any kind contained on the Website, are intended to provide as much information as possible to the Customer.

In the event that, due to force majeure or reasons attributable to Deco Italian Design, the Product or Service is unavailable after the purchase is made, Deco Italian Design will inform the Customer by email of the total or, if applicable, partial cancellation of the order. In case of total cancellation, the full amount of the order will be refunded, while in the case of partial cancellation, only the price of the unavailable Products or Services will be refunded.

Product Prices

The prices of the Products offered through the Website include VAT and any other applicable taxes. However, these prices do not include shipping costs, nor any customs duties. These costs will be clearly indicated during the payment process and must be accepted by the Customer at the time of the order.
Deco Italian Design reserves the right to modify its prices at any time. The Products will be invoiced at the price in effect at the time the order is submitted.

Purchase of Products and Order Confirmation

The purchase of Products by the Customer through the Website must be made by following the procedure indicated therein.

Deco Italian Design will send an email confirming the receipt of the order and the purchase made within twenty-four (24) hours. The order of Products and, consequently, the purchase of Products, will be considered formalized and perfected upon receipt of payment by Deco Italian Design.

Payment for Products

The Customer must make the payment using a Visa, Mastercard, Visa Electron, or other similar credit or debit cards, or through PayPal, Klarna, Stripe, or Scalapay systems, with the possibility of paying in 3 installments or, if applicable, more installments. The purchase receipt corresponding to the order of Products will be available in the section: “My Account > My Orders.” From this section, the Customer can also download the invoice for the order.

The financial institution issuing the card used for payment must be a bank or a financial institution, or a national branch of a foreign financial entity.

If the Customer makes the purchase with Scalapay, they will receive their order immediately and pay in 3/4 installments. It is understood that the installments will be assigned to Incremento SPV S.r.l., related parties, and their assignees, and the Customer authorizes such assignment.

The Customer is required to inform Deco Italian Design via email of any unauthorized or fraudulent charges on the card used for purchases on the Website, as soon as possible, so that Deco Italian Design can take the necessary actions.

Deco Italian Design uses the highest available security measures in the industry. Additionally, the payment process takes place on a secure server that uses the SSL (Secure Socket Layer) protocol. The secure server establishes a connection that allows the transmission of encrypted information using 128-bit algorithms, ensuring that the data is intelligible only to the Customer’s computer and Deco Italian Design‘s computer. In this way, using SSL ensures:

  1. (i) That the Customer is communicating their data to Deco Italian Design‘s central server and no one else.
  2. (ii) That the data between the Customer and Deco Italian Design‘s central server is transmitted in encrypted form, preventing possible reading or manipulation by third parties.

Additionally, Deco Italian Design declares that it does not have access to or record sensitive data related to the Customer’s payment method.
Only the entity processing the payment has access to this data, for payment and collection management purposes.
Once the purchase process is completed, an electronic document is generated that can be printed by the Customer, formalizing the contract, and it is stored in the section: “My Account > My Orders.”

Deco Italian Design has implemented a fraud detection program and reserves the right to request additional information, confirmations, and/or documents from Customers, even after they have made one or more purchases on the Website, via phone call or email to the number or account provided by the Customer itself, in order to confirm that the Customer has actually made and authorized said purchase(s) and/or that the delivery or return of the same has occurred correctly, thereby definitively authorizing the corresponding transaction(s). In this context, by way of example and not limitation, Deco Italian Design may request phone confirmations on the identity of the Customer, or request: (a) a written confirmation or authorization signed by the Customer responsible for the relevant purchase(s); and (b) a copy of the valid ID card with the Customer’s photograph, to confirm their identity. Deco Italian Design is required to keep such information and documents with the highest security measures available, in accordance with the applicable data protection laws.

In case the Customer does not confirm their identity or fails to send Deco Italian Design the requested documentation and information within 48 hours from the phone request or email message, the transaction(s) related to the said communication and the corresponding order(s) may be automatically canceled without the need for further notice, and Deco Italian Design will proceed with the automatic refund of the amount(s) paid by the Customer for said purchase(s).

This procedure is intended to ensure the security of Deco Italian Design‘s Customers, therefore the Customer, by accepting these Terms of Use and Sale, agrees to comply with the aforementioned fraud detection procedure, releasing Deco Italian Design from any liability in this regard, and similarly authorizes Deco Italian Design to use – for future transactions made by the Customer – the information and additional documents that the Customer has provided as outlined above.

Order Cancellation

Cancellations of orders will not be accepted if the order is being processed. In the above cases, the Customer may exercise the right of withdrawal by returning the Products once they have been delivered.

Deco Italian Design reserves the right to cancel an order in the cases and in compliance with the terms and conditions outlined in the section: “Product Payment” of these Terms of Use and Sale.
Deco Italian Design undertakes to deliver the Product in perfect condition to the address indicated by the Customer, which must be within the Italian Territory. Delivery will normally be made at street level. In order to optimize the delivery process, the address provided by the Customer must be a location where delivery can be made during normal working hours.

If, at the time of delivery of the Product to the indicated address, the Customer (or authorized person) is not present, the transport company will make a second delivery attempt the following day. If, even for this second attempt, the Customer (or authorized person) is not present, the shipment will be placed in storage at the nearest logistics warehouse owned by the transport company. After the time limits indicated from the date of the notice (which in no case will be less than seven (7) calendar days), if the Customer has not contacted Deco Italian Design to arrange a new delivery date, the Products will be returned to Deco Italian Design’s warehouses, and the Customer will bear the shipping and return costs.

Deco Italian Design will not be responsible for any errors or damages occurring during delivery if the address provided by the Customer does not correspond to the desired delivery location.

If an order includes multiple Products, Deco Italian Design may deliver these Products in multiple shipments and on different dates, respecting the delivery term communicated as per the following section (ii).

In the event that, upon receiving the ordered Products, the Customer notices that the packaging is damaged or, once the packaging is opened, that the Products are damaged from shipping, or different from what was ordered, or if Products related to the same order are missing, the Customer must notify Deco Italian Design within 5 calendar days from delivery.

(ii) Delivery Terms

Deco Italian Design will inform the Customer of the delivery term before completing the purchase process.

Deco Italian Design does not deliver Products on Saturdays, Sundays, or during national, regional, or local holidays.

Deco Italian Design will inform the Customer, by sending an email to their email address, about the departure date of the Products from Deco Italian Design’s warehouses and the contact details of the transport company handling the delivery.

After 20 calendar days from the agreed delivery term, if the Customer has not communicated to Deco Italian Design that they have not received the Products, it will be considered that the Customer has correctly received the Products.

The delivery is considered completed once the Product is made available to the Customer at the delivery location indicated by them or at the corresponding pick-up point.

The risk of the Products (including, among others, loss, damage, or theft) is transferred to the Customer as soon as the Products are made available to the Customer at the delivery location.

Return of Products – Right of Withdrawal

(i) Return Procedure

The Customer has a maximum of fourteen (14) calendar days from the date of receipt of the Product to exercise the right of withdrawal, either totally or partially, from the purchase contract for the Products, in accordance with the applicable law.

The Customer has an additional 7 calendar days, starting from the communication of withdrawal, to return the Product(s) to Deco Italian Design. If the return is not made within this period, Deco Italian Design will not accept the return, and the withdrawal will become ineffective.

For hygiene and health reasons, returns of underwear such as briefs, panties, or boxers that were not delivered in sealed packaging will not be accepted. Returns of Products delivered in sealed packaging are not allowed if, for hygiene or health reasons, they are not suitable for return and the packaging has been tampered with or opened after delivery.

To exercise the right of withdrawal, the Product must be in the same condition as it was delivered, with the packaging and original labels intact. The Customer must return the Product in the same packaging it was received in, or in a similar one. The return slip must be included in the package.

The return procedure is simple:

  1. Log in to My Account > Orders > Return (next to the order to be returned);
  2. Select the item to return from the drop-down menu;
  3. Indicate the reason for the return;
  4. Click Add item to Return to add other products to return;
  5. Once completed, click Submit;
  6. We will send a courier to pick up the products to return at the address you have chosen.

(ii) Refund of the Price

If the Customer exercises the right of withdrawal, they will be entitled to a refund of the price of the returned Products, as well as the standard shipping costs, provided that the requirements established in the Terms of Use and Sale are met and the returned Products are in the same condition as they were delivered, have not been used (except as necessary to verify their conformity with the description), washed, damaged, removed from the packaging (when, for hygiene or health reasons, they are not suitable for return), or lost before reaching Deco Italian Design’s premises.

In the case of exercising the right of withdrawal, the Customer will bear the return shipping costs. The return costs stated may be modified by Deco Italian Design at any time.

Deco Italian Design will check the adequacy of the returned product in its warehouse, reserving the right not to refund if it finds that the purchased Product and the returned one do not match, or that the return was not made according to these Terms of Use and Sale.

Partial returns of an order will result in corresponding partial refunds of the price and shipping costs. Shipping costs will be refunded in proportion to the value of the returned product.

In case of withdrawal, Deco Italian Design will refund the price and shipping costs using the same payment method used by the Customer for the purchase of the Products, within forty-eight (48) hours from the confirmation of the arrival of the returned Product(s) at the warehouse, and in any case, within a period not exceeding 14 calendar days from the day the Customer communicated the withdrawal. The refund of the price and shipping costs to the Customer’s account or card depends on the card and the issuing entity. The term for processing the refund will be a maximum of seven (7) calendar days for debit cards and thirty (30) calendar days for credit cards.

Non-Conforming Deliveries

(i) Product Return

The Customer will be entitled to a refund of the price, shipping costs, and return shipping costs for the return of defective Products or Products delivered that do not match the order placed by the Customer, in accordance with applicable law.

In such cases, the return of the Products to Deco Italian Design can be done as outlined in the section “RIGHT OF WITHDRAWAL – (i) Return Procedure,” or by contacting customer support. In case of return of defective Products, or Products that do not match the Customer’s order, Deco Italian Design will cover the return shipping costs, provided the return takes place within the Italian Territory (including islands).

Compliance Warranty for Defective or Non-Conforming Products

(i) Content of the Legal Compliance Warranty

The Products are covered by the legal warranty in case of non-conformity, provided that the non-conformity occurs within two (2) years from the delivery date, in accordance with the applicable law. The Customer must inform Deco Italian Design of the non-conformity within two (2) months from the moment they became aware of it.

The warranty offered corresponds to that specified in the Consumer Code (D.lgs. 206/2005), Articles 128-132.

In the case of non-conforming Products, Deco Italian Design cannot offer a replacement. In such cases, the Customer will be entitled, at their discretion, to a price reduction (according to a percentage to be agreed with Deco Italian Design based on the circumstances) or to the termination of the contract, which involves the full refund of the price of the defective or non-conforming Product and the shipping costs.

(ii) Customer Obligations Regarding the Warranty

The Customer must always follow the instructions for the proper use and care of the Product.

The Customer may use the warranty on a Product in accordance with the applicable law regarding consumer goods warranties. In case of doubts, the Customer can contact Deco Italian Design for assistance regarding the steps to follow and the necessary information for filing complaints about the conformity warranty.

(iii) Exclusions

The warranty does not cover defects caused by negligence, improper use or handling, accidents, non-compliant use and care, nor perishable materials or Products that wear out due to normal use or deteriorate. The warranty also excludes Products modified by the Customer or any other unauthorized person by Deco Italian Design.

Among other cases, the Customer will not be entitled to exercise the warranty for the Products and, consequently, it will not be applicable:

  • a) in the absence of proof of purchase of the Products;
  • b) if the identification number and the Product under warranty are manipulated or repaired without Deco Italian Design being informed;
  • c) if certain data of the warranty or the proof of purchase of the Products is altered, modified, or replaced. To benefit from the warranty, it is essential to keep the proof of purchase of the Products.

Intellectual and Industrial Property

“Deco Italian Design” is a registered trademark at the Patent and Trademark Office…, therefore any use of the same or any similar identifying mark by third parties that could cause confusion regarding the origin or ownership is strictly prohibited without prior written authorization from NEXTEX S.R.L.S.

The website “decoitaliandesign.com” is a domain registered by NEXTEX S.R.L.S.. These domains and the “Deco Italian Design” trademark cannot be used, without the prior explicit written authorization of the owner, in relation to any Products or Services that are not of Deco Italian Design, in a way that could cause confusion among our Customers or discredit Deco Italian Design and its associated companies.

Deco Italian Design holds all rights to the content, design, and source code of the Website, including, but not limited to, photographs, images, texts, logos, drawings, trademarks, trade names, and data present on the Website.

The content of this Website is also considered computer software and, therefore, is subject to the applicable Italian and European Union laws.

The full or partial reproduction of the Website, even through hyperlinks, and of any part of the content without prior explicit written authorization from Deco Italian Design is strictly prohibited.

Copying, reproducing, adapting, modifying, distributing, marketing, publicly communicating, or any other action that violates Italian and/or international intellectual and/or industrial property laws is also strictly prohibited, as well as using the contents of the site without prior explicit written authorization from Deco Italian Design.

Deco Italian Design informs that it does not grant any explicit or implicit license or authorization on intellectual and/or industrial property rights or any other related rights or property directly or indirectly related to the content present on the Website.

Responsibility of Deco Italian Design

Deco Italian Design assumes no responsibility arising, by way of example but not limited to:

  • a) from the use that Customers or Users may make of the materials on the Website or of the websites linked to it, whether they are prohibited or not, in violation of intellectual and/or industrial property rights of the Website’s contents or third parties;
  • b) from any damages caused to Customers or Users as a result of normal or abnormal use of the search tools, organization or location of content, and/or access to the Website and, in general, errors or problems caused in the development or implementation of technical elements that the Website or a program may make available to the Customer or User;
  • c) from the contents of the pages that Customers or Users may access through links inserted on the Website, whether authorized or not;
  • d) from the acts or omissions of third parties, regardless of whether those third parties are contractually bound to Deco Italian Design;
  • e) from the access by minors to the contents present on the Website, as it is the responsibility of parents or guardians to exercise proper control over the activities of their children or minors entrusted to them or to install Internet usage control tools to prevent access to materials or content unsuitable for minors, as well as the submission of personal data without prior authorization from parents or guardians;
  • f) from errors or delays in access to the Website by the Customer during the data entry process in the purchase procedure, slowness or failure to receive the Customer’s order confirmation, or any anomaly that may occur when these events are caused by Internet network problems, force majeure, or any other unforeseen event independent of Deco Italian Design’s good faith;
  • g) from defects or problems that may occur in communications, cancellation or incomplete transmissions, for which the services of the Website are not guaranteed to be constantly operational;
  • h) from errors or damages caused to the Website by inefficient and bad faith use of the service by the Customer or User;
  • i) from the failure of the address provided by the Customer for sending the order confirmation email to be operational.

Deco Italian Design is committed to resolving problems that may arise and offering all the necessary assistance to the Customer to reach a quick and satisfactory solution for any inconvenience that may occur on the Website.

Deco Italian Design also has the right to run promotional campaigns at defined intervals to encourage new members to join its service. Deco Italian Design reserves the right, always in compliance with applicable law, to modify the conditions applicable to promotions, extend them with due notice, or exclude any participant if anomalies, abuses, or unethical behavior in their participation are detected (such as fraudulent activities).

Partial Invalidity

In case any clause of these Terms of Use and Sale is declared invalid, the other clauses will remain in effect and will be interpreted in light of the parties’ intentions and the purpose of these Terms of Use and Sale.

The failure by Deco Italian Design to exercise any right arising from these Terms of Use and Sale should not be interpreted as a waiver of that right, except in the case of explicit and written waiver by Deco Italian Design or prescription of the action, depending on the case.

Modification of Terms of Use and Sale

Deco Italian Design reserves the right to modify, at any time, the layout and configuration of the Website, as well as the Terms of Use and Sale, and the Privacy and Cookie Policies.

Any modification involving the update of information owed (to Users or Customers) or requiring consent will be communicated through the contact channels acquired in order to update the required information or obtain consent, if necessary.

If in the future it becomes necessary to obtain consent due to a different use of personal data obtained or due to the evolution or interpretation of rules governing privacy matters, Deco Italian Design will communicate this through the contact channels, updating the information and allowing for the appropriate consent.

Customers and Users will always have access to these Terms of Use and Sale on a visible, freely accessible site for all consultations they wish to make. Every time they access the Website, Customers and Users must read these Terms of Use and Sale carefully. In any case, acceptance of the Terms of Use and Sale, in effect at any given time, constitutes a prerequisite and essential step to request any Product or Service available through the Website.

Communications between Deco Italian Design and the Customer

All communications sent by Deco Italian Design to the Customer regarding these Terms of Use and Sale or the purchase of Products and Services through the Website will be in writing through the section: “Contact” and in accordance with the communication procedures set forth in these Terms of Sale and Use for each specific case.

In addition to the “Contact” section, Deco Italian Design provides the Customer with the support email address [email protected].

In other cases not explicitly regulated by these Terms of Use and Sale, communications the Customer intends to send to Deco Italian Design should be addressed to Deco Italian Design at the address indicated in Clause 1 and sent in writing through a system that allows Deco Italian Design to confirm its content and receipt (registered mail with return receipt).

Completeness of the Terms of Use and Sale

These Terms of Use and Sale and the contract documenting the Customer’s purchase of Products or Services constitute the sole and explicit agreement between Deco Italian Design and the Customer regarding the subject thereof and supersede and replace any other previous agreement or contract, whether verbal or written, between the parties. Any changes to these Terms of Use and Sale or the contract documenting the purchase of Products or Services must be made in writing and by mutual agreement between Deco Italian Design and the Customer.

Assignment of Rights and Obligations

Deco Italian Design and the Customer may assign and/or transfer freely, at any time and in accordance with applicable law, the rights and obligations related to these Terms of Use and Sale or the purchase of Products and/or Services through the Website. The party assigning its rights has the obligation to notify the other, indicating the identity of the person/entity to whom these rights and obligations have been assigned. Such notification must be made in writing and by a means that guarantees receipt.

Applicable Law and Jurisdiction

These Terms of Use and Sale are governed by Italian law.

In the event of disputes arising from the purchase of Products and/or Services through the Website and/or from these Terms of Use and Sale and for the resolution of any conflicts, the parties are subject to the jurisdiction of the court of the city where the Customer or User resides or has their domicile.

The European Commission also provides consumers with an online dispute resolution platform for resolving disputes amicably (Article 14, paragraph 1, Regulation (EU) 524/2013), accessible on the website http://ec.europa.eu/odr.