Terms of service

Last updated: 31/03/2023.

“One Italia” is a brand of “NearMe Global Limited”, a company incorporated in the United Kingdom with registration number 07549212.

The following terms and conditions constitute a legally binding contract (this "Agreement") between you (“you” or “your”) and NearMe Global Limited, a UK corporation that governs all use by you of the OneItalia.shop website (the "Site") and the services available on or at the Site (taken together with the use of the Site, the "Services"). We’ll refer to NearMe Global Limited and all of its subsidiaries and affiliated companies collectively as “NearMe”, “One Italia”, "we", "our", "us", etc.

NearMe uses a print-on-demand approach to create products ("Products") under the brand “One Italia” and deliver them to its customers (“Customers"). The print-on-demand service is provided by Printful.com (“Supplier”).

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have other policies and procedures including, without limitation, Shipping, Refund Policy, Privacy Policy and others. Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree to this Agreement, do not use the Site or any other Services.

1. Access and membership

You need to be of a certain legal age to shop on One Italia, and you're fully responsible for the use of our Services. If you violate our Terms of Service or otherwise act in bad faith, we can modify, cancel, or refuse service at any time.

In order to enjoy all of One Italia's benefits, you may signup for One Italia's Newsletter and become a "Member". You may opt out of marketing and promotional activities, including e-mails, at any time, using the unsubscribe link at the bottom of all One Italia e-mails.

NearMe may change, suspend or discontinue the Products, fees, charges, terms at any time but without affecting orders for European Economic Area Users or the United Kingdom which NearMe has already confirmed.

2. Modifications

We reserve the right to modify our terms, products and fees. Please follow changes to our terms by checking in with the Policy updates section on our website.

Without affecting orders for European Economic Area Users or orders for Users in the United Kingdom which NearMe has already confirmed, NearMe reserves the right to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after NearMe posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after NearMe posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified.

3. Use of services

By using NearMe, you agree to use our services according to our terms and to respect the rights of our brand name, trademark, and digital items. In case we need to contact you, we'll reach out to you via e-mail.

Digital Items: digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products we offer and their intellectual property rights belong exclusively to NearMe. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of One Italia’s branded Products and may not be used for other purposes or in conjunction with products from other manufacturers.

4. Content and services

We provide the best service we can on an "as is" basis, and please be aware that it may have errors and interruptions.

• Third-Party Services: our Site may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Instagram). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. NearMe is not a party to those agreements; they are solely between you and the third party. You agree that NearMe will not be liable to you in any way for your use of these third party services.
• Services: NearMe is dedicated to designing our Products the best they can be, but we’re not perfect, we don’t control the manufacturing process and sometimes things can go wrong. You understand that our Products are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 5 below. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 5 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

5. Limited warranty on products

Please read this section very carefully — it covers our obligations and responsibilities for NearMe services. If you have an issue with your order, you may be eligible for a replacement product or refund, so reach out to us as soon as possible.

Does not apply to Users residing in the European Economic Area or the United Kingdom (see Section 6).

• Limited warranty: we warrant that, at the time of delivery of a Product to a User, the Product will not be materially defective or damaged (the “Limited Warranty”). Customers residing in Brazil have the right to cancel and return their order within 7 days, for any reason.
• Who may use this warranty? NearMe extends the Limited Warranty only to Users. All Limited Warranty coverage terminates if the User sells or otherwise transfers a Product.
• What does this warranty not cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty.

Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate.

Accordingly, this Limited Warranty does not cover such matters.

• What is the period of coverage? This limited warranty starts on the date of the delivery of the Product to the User and lasts for thirty (30) days (the “Warranty Period”). NearMe acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
• What are your remedies under this warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
• How do you obtain warranty service? Promptly following delivery of a Product, you will inspect the Product. If a Product is materially defective or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Refund Policy.
• LIMITATION OF LIABILITY: THE REMEDIES DESCRIBED IN THIS SECTION 5 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. Your rights in the case of lack of conformity

If you reside in the European Economic Area or the United Kingdom, this is where you'll find information on what you can do if there's an issue with your order.

If you are a User residing in the European Economic Area or the United Kingdom, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees or similar consumer contracts regulations apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by NearMe, as well as any costs related to the delivery to you of the repaired or replaced product.

You have the right to cancel and return the order for any reason within 14 days following the date on which the Product was delivered. You must inform us of the decision to cancel the order by sending us written notice before the cancellation period expires. You may contact us at hello@oneitalia.shop. Within 14 days of notifying us of your decision to cancel the order, you must also return the product to us using the return address indicated on the original package in which the order was delivered. You will have to bear the direct cost of returning the goods. Within 14 days of receiving written notice of your decision to cancel the order we will, without undue delay, issue a refund for the Product and the delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). We may delay the refund until the Product has been returned or we have received proof that the Product has been returned, whichever is earlier. The refund will be made to the payment method used by you when placing the order. You may be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.

7. Payments and fees

To pay for One Italia Products, you need a valid payment method (e.g. a credit card, PayPal) that you're authorized to use. All fees will be charged to your payment method, which may but is not guaranteed to be automatically updated. Note that you might need to reimburse us for any charge-back fees for returns or claims that aren't in line with our policies.

When you order a Product you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). The fees for the Products (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an e-mail from us.

By placing an order you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the card-holder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse NearMe for damages resulting from such unauthorized use.

With regard to payment methods, you represent to NearMe that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.

If you make any return or claim which does not comply with our policies (including policies which are described here), you will reimburse NearMe for its losses, which consist of fulfillment costs and charge-back handling fees (up to $15 USD per charge-back), if applicable.

We may refuse to process a transaction for any reason, at any time and at our sole discretion. We will not be liable by reason of refusing or suspending any transaction after processing has begun.

Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site. After receiving your order you may receive an e-mail from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.

NearMe at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional e-mails or via other channels or events NearMe may use or participate in.

8. Taxes

You are responsible for paying any applicable taxes to your local taxing authority, unless we have informed you otherwise.

Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).

9. Shipping

Once you've placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, contact us within 30 days of the delivery or estimated delivery date. In some cases, you may need to reach out to the shipping carrier directly.

Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.

The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case NearMe will not make any refunds and will not resend the Product.

For Users in the European Economic Area or the United Kingdom, the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.

If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of the lost Product in compliance with NearMe’s Refund Policy.

For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to NearMe investigation and sole discretion. NearMe cannot guarantee delivery to P.O. boxes.

10. Description of products

We strive towards making our product development process the best we can, yet we can't guarantee that the product representations on our website will be 100% accurate or that the manufacturing stage won't result in damages.

While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers. We use our best efforts to provide you with the best images and descriptions but unfortunately cannot guarantee that colors and details of the Product images are 100% accurate representations of the Product, and sizes might in some cases be approximate.

11. Purchase of products

To make sure your orders arrive as quickly as possible, please make sure you submit the correct order details at checkout. NearMe doesn't take responsibility for missed deliveries due to typos in the delivery information.

Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.

Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and e-mail address are absolutely necessary to ensure successful delivery of Products.

All information asked on the checkout page must be filled in accurately. NearMe will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact NearMe using the One Italia e-mail address: hello@oneitalia.shop.

12. Delivery

While we may provide delivery estimates, we can't provide guaranteed delivery dates. Once NearMe receives payment for your order (including delivery fees), we fulfill the order and pass it onto the carrier. This is also the moment where you or your customer legally become the owner of the products.

We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.

Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.

Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.

13. Governing law

If any dispute arises between us we'll apply the laws of the United Kingdom.

14. Privacy and personal data processing

NearMe's Privacy Policy is an important part of our Terms of Service that explains how your information is used when you use our services. Please read it very carefully.

NearMe collects your personal data to provide our Services. We are committed to protecting your personal data and privacy and our Privacy Policy details and explains how we are processing Site visitor and User personal information.

By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy.

15. General

Buying our Products doesn't make you an agent, partner or reseller of One Italia branded products. No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.

NearMe will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in NearMe’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

NearMe at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a User in the European Economic Area or the United Kingdom and such transfer or assignment may reduce your guarantees under this Agreement, then NearMe will ask for your permission beforehand.

If you have any questions about this Agreement, please e-mail us at hello@oneitalia.shop.