This page tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.RadonMarket.com (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. WHO WE ARE
We operate the website www.RadonMarket.com. We are Niton Srl, a company registered in Italy. Our registered office is placed in Rozzano (MI) – Largo Luigi Eriano n. 12 and our operational headquarters is placed in Lainate (MI) – Via Prima Strada n. 23H which is also our main trading address. Our P.IVA/C.F. is IT09861870963.
2. YOUR STATUS
By placing an order through our website, you warrant that:
2.1 you are legally capable of entering into binding contracts; and
2.2 you are at least 18 years old;
3. SHIPPING AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
3.1 Products sold on our site are generally available for immediate shipment; in some cases, it may take up to 5 business days to locate the merchandise, to which must add the time required for delivery
3.2 The delivery will be done by the currier indicated in the moment of performing the order.
3.3 Shipping costs are based on the location and will automatically calculate according to the inserted destination address.
4. RISK AND TITLE
4.1 The Products will be your responsibility from the time of delivery.
4.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
5. PAYMENTS AND PRICES
5.1 The price of the Products and our delivery charges will be as quoted on our site, except in cases of obvious error.
5.2 Product prices exclude IVA.
5.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
5.5 If the pricing error is obvious and unmistakable and could have reasonably recognized by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
5.6 Payment for all Products can be made by credit or debit card, by Paypal or by bank transfer.
6. RETURN AND REFUNDS
6.1 If you return a Product to us (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days from the day, we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
6.3 Customers have the right to return goods within 14 days of receipt of the goods. Customers have the right to cancel an order within 14 days of agreeing on the purchase. Customers must complete the cancellation form. The costs for returning the goods are borne by the customers.
We warrant to you that any Product purchased from us through our website will, on delivery and for a period specifically indicated for each product and in accordance with current regulations, be conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
8. OUR LIABILITY
8.1 If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our failure to comply which are a foreseeable consequence of such failure.
8.2 We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
8.2.1 loss of income or revenue;
8.2.2 loss of business;
8.2.3 loss of profits;
8.2.4 loss of anticipated savings;
8.2.5 loss of data; or
8.2.6 waste of management or office time.
8.3 Nothing in this agreement excludes or limits our liability for:
8.3.1 death or personal injury caused by our negligence;
8.3.2 fraud or fraudulent misrepresentation;
9.1 If you order Products from our site for delivery outside the ITALY, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication, and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Niton Srl – Via Prima Strada, 23H – 20020 Lainate (MI) Italy or to our certified email [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1 strikes, lock-outs or other industrial action;
13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 impossibility of the use of public or private telecommunications networks;
13.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
13.2.7 pandemic or epidemic.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be
a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time.
18. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Italian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Milan (Italy).
19. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the