Terms of sale
- a) The offer and sale of clothing and accessories products on the website www.niclo.it are governed by the following General Conditions of Sale.
- b) The products purchased on the website www.niclo.it are marketed by niclo 'S.r.l., Company Register Number of Naples REA NA930709, Tax Code and VAT number 06791830638 based in Naples (NA), via scarlatti Alessandro 159.
- c) The purchase transactions are governed, among other things, by the provisions of Legislative Decree no. 206 of 06.09.2005 (Consumer Code) pursuant to which:
- I) "online sales contract" means the distance contract, ie the legal transaction having as object movable property and / or services stipulated between a professional, in this case niclo'S.rl, through the online service www.niclo. it, and a consumer, in the context of a distance sales system organized by the trader who, for this contract, uses only the distance communication technology known as the Internet;
- II) "professional" means the natural or legal person who acts in the exercise of his / her business or professional activity, or an intermediary;
III) "consumer" means the natural person of age who acts for purposes unrelated to any entrepreneurial or professional activity carried out.
ART. 1 ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
- a) All contracts will be concluded directly by accessing the website corresponding to the address www.niclo.it, where the customer can conclude the contract for the purchase of the desired good and / or product by carefully following the instructions and foreseen procedures.
- b) These general conditions of sale are an integral and essential part of the sales contract, for this reason they must be examined "online" by the customer, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same and their full acceptance.
- c) The general conditions of sale can be updated or modified at any time by niclo 'S.r.l. who will communicate it through the pages of the website. The customer undertakes and undertakes to provide for their printing and storage.
- d) The customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with niclo 'Srl, the general conditions of sale, including the payment conditions illustrated below, declaring to have read and accepted all the information provided to him.
- e) Niclo 'S.r.l. does not consider itself bound by different general conditions unless previously agreed and accepted in writing.
ART. 2 SALE PRICES AND PURCHASE METHODS
a) All sales prices of the products displayed and indicated on the website www.niclo.it for which they constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, are inclusive of VAT and all other taxes for what concerns the sale.
b) The total cost of shipping and transport will be clearly indicated and displayed before completing the order.
c) The purchase contract is concluded through the exact compilation and the consent to the purchase expressed through the accession given "on line", subject to the successful completion of the payment.
- d) the customer can pay for the ordered goods using the payment methods indicated "on line" at the time of purchase.
ART. 3 DELIVERY METHODS
- to)Shipping fees: Italy
• From 0.00 to 49.00 shipping will cost 5.0000€
• From 50.00 upwards the shipping will be freea
• Rest of the world: shipping will cost 18.00€
- b) niclo 'S.r.l. will return the selected and ordered products to the trusted courier, thereby completing the delivery, so that they can be transported to the customer at the address indicated by him.
- c) niclo 'S.r.l. will do everything possible to fulfill the orders sent within 7 working days and in any case the purchased goods will be delivered within the terms set out in art. 54 of Legislative Decree 205/06, within 30 days from the day following that on which the consumer sent the order to the professional. No responsibility can be attributed to niclo ’S.r.l. for delayed or non-delivery due to force majeure or unforeseeable circumstances.
ART. 4 LIABILITY
A) niclo 'S.r.l. assumes no responsibility for inefficiencies attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, from carrying out within the time agreed in the contract.
- b) niclo 'S.r.l. will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the customer is only entitled to a refund of the price paid.
- c) Likewise, niclo'S.r.l. is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products. In fact, at no time during the purchase procedure Niclo 'S.r.l. is able to know the customer's credit card number which, by opening a secure connection, is transmitted directly to the banking service manager.
ART. 5 OBLIGATIONS OF THE CUSTOMER
- a) the customer undertakes and undertakes, once the "online" purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition set out in Articles 52 and 53 of Legislative Decree 205/06;
- b) it is strictly forbidden for minors to conclude an "online" order.
- c) it is strictly forbidden for the customer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications for him; the personal data, the address, the telephone number and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy.
- d) it is expressly forbidden to enter data of third parties. Niclo ’S.r.l. reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
- e) The customer indemnifies Niclo 'S.r.l. from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the customer, being himself solely responsible for the correct insertion.
ART. 6 RIGHT OF WITHDRAWAL AND COMPLAINTS
- a) Pursuant to art. 64 of Legislative Decree 205/06, the consumer can exercise the right of withdrawal and return the product received, in compliance with the terms and conditions set out below.
b) The consumer who for any reason is not satisfied with the purchase has the right to withdraw from the stipulated contract, within 14 working days from the date of delivery of the order.
- c) If the consumer has exercised the right of withdrawal, he must make the return request by accessing his Profile on www.niclo.it, and following the procedure indicated. Remember that the items must be returned intact and in the same state in which they were received, provided with the tags indicating the bar code and any other seal that is part of the product and that the cost of the return shipment is charged to the customer .
- d) In the event that all the conditions and obligations of the consumer provided for in the previous points have been complied with, niclo ’S.r.l. will refund the sale price of the purchased item by direct credit on the card used for payment or on the PayPal account, within 14 calendar days from the date of acceptance of the return by our logistics.
- e) The consumer who wishes to make a size or color change can place a new order.
- f) In the event of returns as a result of errors by the Company niclo 'S.r.l. (wrong size, non-compliant color etc ...) it is sufficient to send an e-mail to firstname.lastname@example.org indicating the order number / receipt number / items you wish to return and briefly explaining your request. In this case, the Company will reply as soon as possible, providing you with all the information necessary for the correct resolution of the problem.
ART. 7 METHOD OF PAYMENT
- a) By filling in the appropriate space on the website of the banking payment system, the consumer and / or customer authorizes niclo 'S.r.l. to use their credit card and to debit their current account in favor of Niclo 'S.r.l. the total amount shown as the cost of the purchase made "on line". The whole procedure (for both credit cards and bank transfers) takes place via a secure connection connected directly to the bank that owns and manages the online payment service, to which Niclo 'S.r.l. cannot log in.
- b) If the consumer makes use of the right of withdrawal, as provided for by these contractual conditions, the amount to be refunded will be credited directly to the credit card or PayPal account or by re-credit to a current account if paid by bank transfer by sending a specific request to the email email@example.com
ART. 8 EXPRESS TERMINATION CLAUSE
- a) niclo 'S.r.l. has the right to terminate the stipulated contract by simply notifying the consumer and / or customer with adequate and justified reasons; in this case, the customer will only be entitled to a refund of any sum already paid.
- b) The obligations assumed by the customer pursuant to art. 7 of these conditions (obligations of the customer) as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 2, have an essential character, so that by express agreement, the non-fulfillment by the customer of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the right for niclo 'S.r.l. to take legal action for compensation.
ART. 9 JURISDICTION AND COMPETENT COURT
- a) Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated "online" through the website www.niclo.it is subject to Italian jurisdiction; these general conditions refer, although not expressly provided for therein, to the rules provided for by the Civil Code, as well as to Legislative Decree 21/2014 - 205/06 and any other relative standard on the subject.