Conditions of sale

1. Premise

1.1. These general conditions of sale (hereinafter, the " General Conditions of Sale ") have as their object the purchase of products carried out remotely via an electronic network via the website www.fluffall.com (the " Portal "), owned of Nucleia Srls, with registered office in Via Avegno,35 - 00165 – Rome (RM), fully paid-up share capital of Euro 2,000.00, registration number in the Company Register of Rome, VAT number 16988141004 (“ Nucleia ”).

1.2. Each purchase transaction will be regulated, in addition to these General Conditions of Sale, by the law in force from time to time, including by way of example Legislative Decree 206/05 (hereinafter, the " Consumer Code ").

1.3. These General Conditions of Sale apply to all orders and shipments that take place through the Portal and can be viewed and saved at any time.

2. Registration on the Portal

2.1. To make purchases through the Portal it is necessary to register as a customer (" Customer ") and approve these General Conditions of Sale. Failure to accept the General Conditions of Sale will make it impossible to make purchases on the Portal.

2.2. Registration on the Portal is permitted only to users who have already reached the age of majority in accordance with current Italian law. Registration on the Portal is free. To register, the Customer must complete the registration form, entering the following data: name, surname, email address and password to access their personal area (" Registration Credentials "). Registration is confirmed by email sent to the address provided by the Customer at the time of registration.

2.3. The Registration Credentials must be used exclusively by the Customer and cannot be transferred to third parties. The Customer must notify Nucleia without delay in the event of theft, loss or suspected improper use of the same. The Registration Credentials may be modified by the Customer at any time by accessing the Portal in the personal profile section.

2.4. The Customer guarantees that the Registration Credentials provided during the registration procedure on the Portal are complete, correct and truthful and undertakes to keep them diligently, in order to protect them from theft, loss or unauthorized access by third parties. The Customer agrees to hold Nucleia harmless from any damage deriving from and\or in any way connected to the violation by the Customer of the rules on registration on the Portal and of these General Conditions of Sale. The Customer is solely responsible for accessing the Portal using the Registration Credentials and is directly responsible for any damage or prejudice caused to Nucleia or third parties by improper use, loss, misappropriation by others or failure to protect adequate secrecy of your Registration Credentials. All operations carried out using the Registration Credentials are considered to be carried out by the Customer to whom the Registration Credentials refer.

2.5. It is possible to make a single registration per Customer. Multiple registrations will be cancelled.

2.6. Nucleia reserves the right to refuse, at its sole discretion, the registration of any person if it has reason to believe that such registration may be in violation of these General Conditions of Sale or current legislation. Nucleia also reserves the right not to accept any order that is anomalous in relation to the quantity of products purchased or the frequency of purchases made on the Portal, as well as in relation to the improper or suspicious use of the Promotional Initiatives referred to in the art. 8 below.

2.7. The Customer may at any time cancel their registration on the Portal by following the procedure indicated at the link https://fluffall/user/modify or by sending a message to the following email address : support@fluffall.com .

3. Pre-contractual information and acceptance of the General Conditions of Sale

3.1. In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Nucleia informs the Customer that:

1. to conclude the purchase contract for one or more products on the Portal, the Customer must complete an order form in electronic format and send it to Nucleia according to the methods indicated on the Portal;
2. before proceeding with the transmission of the order form, the Customer will be able to identify and correct any data entry errors by following the instructions indicated from time to time on the Portal and which will accompany the different phases of the purchase;
3. once the order form has been registered, it will be archived in the Portal database for the time necessary to process the order itself and, in any case, within the terms of the law.

3.2. To access their order form, the Customer can consult the "My orders" section of their personal profile on the Portal, where they will find the list of all orders placed.

3.3. Before submitting your purchase order, the Customer is required to carefully read these General Conditions of Sale. The forwarding of the purchase order implies their full knowledge and acceptance.

4. Conclusion of the contract

4.1. The sales contracts for the products present on the Portal (" Sales Contracts ") must be considered concluded with the acceptance, even if only partial, of the order by Nucleia. This acceptance is communicated by email, as better indicated in the art. 6.3 of these General Conditions of Sale. By placing an order in the prescribed manner, the Customer declares to have read all the information provided to him during the purchase procedure and to fully accept the payment conditions transcribed below.

4.2. Once the online purchase procedure has been completed, the Customer will have the right to print and/or save an electronic copy and/or otherwise keep these General Conditions of Sale, via a specific link or document that will be provided in the confirmation email. order in compliance with the provisions of art. 50 et seq. of the Consumer Code.

4.3. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability, except in cases of willful misconduct or gross negligence, for direct or indirect damage to people, things and/or animals, attributable to non-acceptance, even partial. , of an order from Nucleia.

5. Definition of the order

5.1. By sending the online order, the Customer sends Nucleia a purchase proposal for the product and/or products included in the so-called "cart" which is a tool accessible on the Portal, after registration, to all registered users to the Portal (the " Cart "). When the Customer places an online order for the products he has placed in the Cart, he agrees to purchase them at the price indicated in the information sheet and under the terms contained in these General Conditions of Sale. All sales prices indicated on the Portal are expressed in Euros and include VAT. Nucleia will communicate to the Customer via email the acceptance and confirmation of the order in accordance with the provisions of the art. 6.3 below.

5.2. In particular, Nucleia will not accept orders:

1. if the material is not available in stock at the time of the order, unless it is available on pre-order; and/or
2. if the Customer is unable or unwilling to pay using one of the payment methods indicated in the art. 9 below.

6. Purchase methods

6.1. The Customer can only purchase the products present in the electronic catalog of the Portal at the time of placing the order, as described in the relevant information sheets. Nucleia makes reasonable efforts to ensure the correctness and completeness of the product descriptions in the catalogue, as well as the conformity of the descriptions to the products themselves. It is understood, however, that the image accompanying the description of a product may not be perfectly representative of its external characteristics but may differ slightly in colour, size and secondary elements present in the figure.

6.2. Before submitting the purchase order, using the Cart, the unit cost of each selected product is summarized, the overall cost in case of purchase of multiple products and the related shipping costs (if applicable as indicated in the Portal) .

6.3. The purchase of the product and the correct receipt of the order are confirmed by Nucleia via an email message certifying confirmation of receipt of the purchase order (the " Confirmation Message ") and containing information relating to the main characteristics of the goods and/or of the goods purchased (which must be truthful and compliant with the product sold), the detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to these General Conditions of Sale and to the information regarding the existence of the right of withdrawal, the legal guarantee of conformity of the goods as well as the conditions and methods of its exercise displayed on the Portal. The message will re-present all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate to Nucleia any corrections to be made. In the event of non-acceptance of the order by Nucleia, it guarantees timely communication to the Customer.

7. Availability

7.1. The products offered on the Portal are limited in number. It may therefore happen that the ordered product is no longer available after sending the purchase order. In any case of unavailability of the ordered product, the Customer will be promptly informed by e-mail of the unavailability of the product, as well as of the methods and timing of reimbursement of any sums paid by the Customer, and the purchase order will be cancelled. If the payment has already been made, Nucleia will refund it to the Customer within 30 (thirty) days starting from the day after sending the order.

8. Promotional Initiatives

8.1. Nucleia may offer its Customers a series of promotional initiatives, as specified from time to time on the Portal (" Promotional Initiatives ").

8.2. The Promotional Initiatives offered by Nucleia can be of a different nature and can include, by way of example only:

1. discounts on individual products or product categories;
2. discounts on the total purchased;
3. discounts based on the quantities purchased;
4. discounts on shipping costs;
5. coupon;
6. giveaways and gadgets;
7. loyalty programs.

8.3. The various Promotional Initiatives can be activated through the Portal in the manner indicated from time to time. Unless otherwise specified on the Portal, each Promotional Initiative will be subject to the following terms and conditions:

1. Nucleia reserves the right to cancel and/or modify the specific conditions of each Promotional Initiative at any time, by communicating this via the Portal;
2. any changes to the specific conditions will not take effect before the expiry date of the Promotional Initiative possibly indicated on the Portal, nor on purchases already made;
3. no Promotional Initiative will give the right to receive money from Nucleia or third parties and Nucleia will not exchange any discount, coupon or gift for money;
4. the coupons can only be used once and within the maximum validity limit (expiry) indicated on the coupon itself;
5. cannot be used more than coupons per order unless otherwise stated on the Portal;
6. coupons and fixed discounts can only be applied to orders with a total value greater than the coupon or discount;
7. the Promotional Initiatives reserved for purchases on the Portal can only be used on the same Portal.

8.4. Individual Promotional Initiatives may be subject to particular terms and/or conditions of use, which will be specified on the Portal.

8.5. As part of Promotional Initiatives, Nucleia has adopted a loyalty program called "Fluffall Club". This loyalty program is subject to all the terms and conditions set out in the relevant regulation, which is available on the Portal at the following link https://www.fluffall.com/fluffall-club.

9. Methods of payment

9.1. The Customer can make payment by credit card, PayPal, Shopify Payments and Amazon Pay by choosing the preferred method at the time of completing the purchase.

9.2. The charge to the Customer's credit card, PayPal account or other payment system occurs at the same time as the order is processed. Nucleia reserves the right to request from the Customer additional information (e.g. telephone number) or to send a copy of documents proving ownership of the credit card used or of the PayPal, Shopify Payments, Amazon Pay account. In the absence of the required documentation, Nucleia reserves the right not to accept payment and cancel the order.

9.3. At no time during the purchase procedure does Nucleia come into possession or is able to know the information regarding the credit card or the credentials of the Customer's PayPal, Shopify Payments, Amazon Pay account, transmitted via a secure connection directly to the banking institution that manages the transaction or to PayPal, Shopify Payments, Amazon Pay as described in the Portal.

10. Shipping and delivery of goods

10.1 . Nucleia accepts orders only with shipping to the territories of Italy, Italy, Austria, Belgium, Denmark, France, Germany, Luxembourg, the Netherlands, Slovenia.

10.2. For each order placed on the Portal, Nucleia issues an invoice or receipt accompanying the material shipped. For the issuance of the tax document, the information provided by the Customer at the time of the order is valid. After the tax document has been issued, it will not be possible to make changes to it.

10.3. Except for Promotional Initiatives specified on the Portal, the shipping costs, indicated on the Portal, are the responsibility of the Customer and are clearly stated when placing the order. Nothing more is owed by the Customer than the total of the order which also includes shipping costs.

10.4. The estimated times for processing the order and delivering the purchased goods to the Customer are indicated in the Portal. Nucleia reserves the right to offer alternative shipping methods (such as, by way of example, delivery of the products to a Nucleia point of sale), which will be indicated on the Portal when completing the order.

10.5. In any case, Nucleia will not take care of the shipment of the goods covered by the order which will instead be carried out by a professional carrier (express courier) as indicated in the Portal and no responsibility can be attributed to Nucleia in the event of a delay on the part of the courier or in in relation to any other event or circumstance relating to the shipment of the goods by the courier.

10.6. Upon delivery of the goods by the courier, the Customer is required to check that:

1. the number of packages delivered corresponds to what is indicated in the invoice, receipt or transport documentation;
2. the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or strapping).

10.7. Any damage to the packaging and/or to the product or the mismatch in the number of packages or indications must be immediately reported to the courier by the Customer, placing a written control reservation (specifying the reason for the reservation, e.g. "holly packaging ", "crushed packaging", etc.) on the courier's proof of delivery. Once the courier document has been signed, the Customer will not be able to make any objection regarding any damage caused to the goods during transport.

10.8. Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 14 (fourteen) days of delivery, according to the methods set out in these General Conditions of Sale.

10.9. In the event of non-delivery due to the absence of the Customer, the courier will leave a notice at the address indicated in the order and will try again a second time; if the Customer fails to contact the courier or is unavailable for delivery, the goods will be returned to Nucleia and will be retained by the latter for a maximum period of 30 (thirty) days. Any additional transport costs resulting from the failure to contact the courier or the unavailability of the Customer will be entirely borne by the latter.

11. Right of withdrawal

11.1. Pursuant to the articles. 52 and following of the Consumer Code, the Customer has the right to withdraw from each purchase contract made through the Portal for any reason, without the need to provide explanations and without any penalty.

11.2. To exercise this right, the Customer, within 14 (fourteen) days from the date of receipt of the goods, must:

1. access your personal profile on the Portal, enter the "Returns" section of the customer area and select the order of interest by creating a "Right of withdrawal" type return;
2. follow the shipping instructions.

11.3. To make the process more efficient and easier, the Customer is required to insert the label received with the order inside the package.

11.4. Following the exercise of the right of withdrawal in the manner provided for by art. 11.2 of these General Conditions of Sale, the Customer is required to return the goods to Nucleia within 14 (fourteen) days starting from the date of communication of the withdrawal to Nucleia. The good must be returned to Nucleia complete with all accessories, instruction manuals and everything originally delivered to the Customer, as well as packaged in its original packaging. The costs of returning the goods to Nucleia are fully borne by the Customer.

11.5. Pursuant to paragraph 1 of the art. 56 of the Consumer Code, Nucleia will proceed to reimburse all payments received from the Customer without undue delay and in any case within 14 (fourteen) days from notification of withdrawal. In the event that the return of the goods is envisaged, Nucleia will, pursuant to paragraph 3 of the art. 56 of the Consumer Code, to credit the customer with the amount only after returning the goods and only after having verified their integrity. The refund will take place using the same methods with which the Customer made the payment. If paying via PayPal or credit card, the refund will be made to the same card or PayPal account used for the purchase. Nucleia has no power to intervene regarding the crediting times which are at the discretion of the relevant banking institution.

11.6. The right of withdrawal is however subject to the following conditions:

1. the right applies to the product purchased in its entirety, it is not possible to exercise withdrawal only on part of the purchased product;
2. the law does not apply to products made to measure or clearly personalized;
3. the purchased good must be intact and returned in the original packaging, complete in all its parts (otherwise, pursuant to paragraph 2 of art. 57 of the Consumer Code, the Customer will be responsible for the decrease in the value of the goods resulting from manipulation of the same other than that necessary to establish the nature, characteristics and functioning of the goods);
4. upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport.

11.7. In the event that the conditions for the valid right of withdrawal are not met, the goods will remain at the Nucleia headquarters available to the Customer for shipping at the sole expense of the Customer.

12. Guarantees

12.1. All products sold by Nucleia are covered by the manufacturer's conventional warranty, where present, and by the 24 (twenty-four) month legal warranty for defects of conformity, pursuant to art. 133 of the Consumer Code. To benefit from warranty assistance, the Customer must keep and show the invoice or purchase receipt.

12.2. The 24 (twenty-four) month guarantee pursuant to the Consumer Code applies to the product that presents a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and in any attached technical report. This guarantee is reserved for consumers. In the event of a lack of conformity, Nucleia will, at no cost to the Customer, restore the conformity of the product by replacing the product with a new one or, in the event of stock running out, with an alternative product having equivalent characteristics and commercial value. Alternatively, the Customer may request the restoration of product conformity through repair unless this is impossible or, compared to the alternative remedy, does not impose disproportionate costs on Nucleia, taking into account all the circumstances.

12.3. In cases where the application of the guarantees requires the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment). Defects of conformity may be reported, with the same methods applicable for the right of withdrawal, via the contact details referred to in the art. 14.1.

12.4. The Customer has the right to a proportional reduction of the price or to the termination of the contract pursuant to art. 135 bis of the Consumer Code in the following cases:

1. Nucleia has refused to repair or replace the non-compliant product because it is impossible or the costs are disproportionate given the circumstances;
2. despite Nucleia's attempt to restore the conformity of the goods, a lack of conformity occurs;
3. the lack of conformity reported in the product is so serious as to justify such remedies;
4. Nucleia declares, or it is otherwise clear, that it will not proceed to restore the conformity of the goods within a reasonable period or without significant inconvenience for the Customer.

13. Express termination clause

13.1. In the event of total or partial failure to pay the purchase price of the goods by the Customer, Nucleia reserves the right to declare the relevant purchase contract terminated, pursuant to and for the purposes of the art. 1456 of the Civil Code, by sending a written communication to the Customer's email address indicated at the time of registration.

14. Obligations and responsibilities of Nucleia

14.1. It is possible to request information, send communications or submit complaints to Nucleia in the following ways:

1. by filling out the form available at the following link: contacts
2. using the chat available on the Portal;

Nucleia will respond to requests and complaints via email within 5 (five) working days from the date of the request or complaint.

14.2. In the event of reports of any inaccuracies on the Portal, including any errors or omissions in the description of the products offered on the Portal, Nucleia undertakes to correct such inaccuracies as quickly as possible, starting from their reporting. The reporting of such inaccuracies may take place in the manner referred to in the previous art. 14.1.

14.3. Nucleia is not responsible in case of damage, of any nature, deriving from the use of the products purchased on the Portal in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage deriving from fortuitous circumstances or force majeure.

14.4. Nucleia will not be liable in the event of loss of revenues, profits, data or any other indirect damage of any nature deriving from or in any case connected to the contracts subject to the General Conditions of Sale, except in cases directly caused by willful misconduct or gross negligence of Nucleia.

14.5. For each purchase order, Nucleia's liability cannot exceed the total value of the order itself, except in cases of willful misconduct or gross negligence, death or personal injury, as well as any other case in which Nucleia's liability cannot be subject to limitations pursuant to law.

14.6. Under no circumstances can Nucleia be held responsible for failure to fulfill any of the obligations deriving from the contracts subject to the General Conditions of Sale in the event that the failure is caused by fortuitous circumstances and/or force majeure, including, by way of example only, natural disasters, acts of terrorism, network malfunctions and/or blackouts.

15. Suspension of service

15.1. Nucleia reserves the right to temporarily suspend, without any prior communication, the provision of the Portal services for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the same services and for the ordinary and extraordinary maintenance of the Portal , its contents and functionality.

15.2. Nucleia may, at any time, interrupt the provision of the Portal services if there are justified security reasons or violations of confidentiality, in this case notifying the Customer possibly via the Portal itself.

16. Contents of the Portal and intellectual property rights

16.1. The contents of the Portal, such as, by way of example, images, graphics, photographs, writings, documentation, sounds, videos and any other material, in any format, including all the web pages of the Portal (the " Intellectual Property ”), are the exclusive property of Nucleia and any other owners whose rights Nucleia is the licensee.

16.2. No right to use such Intellectual Property is granted to Customer. The reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the Intellectual Property by any person is prohibited without the prior written authorization of Nucleia.

16.3. Under no circumstances may the Customer alter, change, modify or adapt the Portal, or the material made available by Nucleia.

17. Applicable law and competent court

17.1. The sales contract between Nucleia and the Customer, referred to in these General Conditions of Sale, is intended to be concluded in Italy and regulated by Italian law. For the resolution of any dispute arising from the conclusion of the Distance Selling Contracts referred to in the Portal and therefore referable to these General Conditions of Sale, if the Customer is a consumer, the territorial jurisdiction is that of the reference court of his Municipality of residence . In any other case, the Court of Rome will have exclusive jurisdiction over any dispute arising from these General Conditions of Sale.

17.2. In any case, if the Customer is a consumer, Nucleia informs the Customer that the ODR platform has been established pursuant to EU Regulation 524/2013, a European platform with which it is possible to resolve disputes arising regarding the interpretation out of court and the application of these General Conditions of Sale. The ODR platform can be accessed via the following site: https://webgate.ec.europa.eu/odr . The Nucleia email address which must possibly be indicated for the purpose of using the ODR platform is the following: info@nucleia.com

18. Protection of personal data

18.1. As regards the protection of confidentiality, the legislation referred to in Regulation (EU) 2016/679 (" GDPR ") and that contained in Legislative Decree 196/03 will be applicable, as in force from time to time.

18.2. During registration on the Portal the Customer will have to provide some data that could be considered personal data as part of the Registration Credentials. For further information regarding the processing of personal data by Nucleia, please refer to the Privacy Policy adopted by Nucleia pursuant to Article 13 of the GDPR available on the Portal at the following link: https://www.fluffall.com/privacy

19. Changes to these General Conditions of Sale

19.1. The General Conditions of Sale can be modified at any time by Nucleia. These changes cannot be applied to sales operations already completed before the publication of the new General Conditions of Sale on the Portal.

19.2. This document represents the latest version of the General Conditions of Sale applicable to purchases made through the Portal and are valid from 2 May 2023.