Terms of service

 

TERMS AND CONDITIONS OF SERVICE

a) The offering and sale of clothing and accessories on www.niclo.it are governed by the following General Terms and Conditions of Sale.

b) Products purchased on www.niclo.it are sold by niclo’ S.r.l., registered with the Naples Business Register under REA number NA930709, Italian tax code and VAT number 06791830638, with its registered office at Via Scarlatti Alessandro 159, Naples (NA), Italy.

c) Purchases are governed, among other provisions, by Legislative Decree No. 206 of 6 September 2005 (the Italian Consumer Code), under which:

I) “Online sales contract” means a distance contract concerning movable goods and/or services entered into between a trader, in this case niclo’ S.r.l., through the online service www.niclo.it, and a consumer, within a distance-selling system organised by the trader, who uses exclusively the distance communication technology known as the Internet for that contract.

II) “Trader” means a natural or legal person acting in the course of their business or professional activity, or an intermediary acting on their behalf.

III) “Consumer” means an adult natural person acting for purposes unrelated to any business or professional activity they may carry out.

ARTICLE 1 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

a) All contracts shall be concluded directly through the website www.niclo.it, where customers can enter into a contract to purchase their chosen goods and/or products by carefully following the instructions and procedures provided.

b) These General Terms and Conditions of Sale form an integral and essential part of the sales contract. Customers must therefore review them online before completing the purchase procedure. Submitting the order confirmation implies full knowledge and acceptance of these terms.

c) niclo’ S.r.l. may update or amend these General Terms and Conditions of Sale at any time and will communicate such changes through the website. Customers undertake to print and retain a copy.

d) By electronically submitting confirmation of their purchase order, customers unconditionally accept and undertake to comply with these General Terms and Conditions of Sale in their dealings with niclo’ S.r.l., including the payment conditions set out below, and declare that they have read and accepted all the information provided.

e) niclo’ S.r.l. shall not be bound by any different general terms and conditions unless previously agreed to and accepted in writing.

ARTICLE 2 – SALES PRICES AND PURCHASING PROCEDURE

a) All sales prices displayed on www.niclo.it, constituting an offer to the public pursuant to Article 1336 of the Italian Civil Code, include VAT and all other taxes applicable to the sale.

b) The total shipping and transport costs will be clearly indicated and displayed before the order is finalised.

c) The purchase contract is concluded when the required information has been correctly completed and consent to purchase has been provided online, subject to successful payment.

d) Customers may pay for their ordered goods using the payment methods indicated online at the time of purchase.

ARTICLE 3 – DELIVERY METHODS

a) Shipping costs:

Italy: • Orders from €0.00 to €49.00: €5.00 shipping. • Orders from €50.00 to €98.00: €3.00 shipping. • Orders of €99.00 or more: free shipping.

Rest of the world: • Shipping costs €18.00.

b) niclo’ S.r.l. will hand the selected and ordered products over to its trusted courier, thereby completing delivery, for transport to the address specified by the customer.

c) niclo’ S.r.l. will make every effort to dispatch orders within 7 business days. In any event, purchased goods will be delivered within the time limits set out in Article 54 of Legislative Decree 205/06, within 30 days starting from the day after the consumer submits the order to the trader. niclo’ S.r.l. cannot be held responsible for delayed or failed delivery due to force majeure or unforeseeable circumstances.

ARTICLE 4 – LIABILITY

a) niclo’ S.r.l. accepts no responsibility for service disruptions attributable to force majeure, including, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and similar events that wholly or partly prevent performance within the time agreed in the contract.

b) niclo’ S.r.l. shall not be liable to any party or third party for damage, losses or costs incurred as a result of failure to perform the contract for the reasons stated above. In such cases, the customer shall be entitled only to reimbursement of the price paid.

c) Similarly, niclo’ S.r.l. shall not be responsible for any fraudulent or unlawful use by third parties of credit cards, cheques or other payment methods when paying for purchased products. At no stage of the purchase procedure does niclo’ S.r.l. have access to the customer’s credit card number, which is transmitted directly to the banking service provider through a secure connection.

ARTICLE 5 – CUSTOMER OBLIGATIONS

a) After completing the online purchase procedure, customers undertake to print and retain these General Terms and Conditions, which they will already have reviewed and accepted as a required step in the purchase process, together with the specifications of the purchased product, in order to fully satisfy the requirements of Articles 52 and 53 of Legislative Decree 205/06.

b) Minors are strictly prohibited from placing online orders.

c) Customers are strictly prohibited from entering false, fabricated or fictitious information during the registration procedure required to perform this contract and manage subsequent communications. The personal details, address, telephone number and email address provided must be the customer’s own genuine details, not those of third parties or fictitious information.

d) Entering the details of third parties is expressly prohibited. niclo’ S.r.l. reserves the right to take legal action against any breach or misuse, in the interests and for the protection of all consumers.

e) Customers shall hold niclo’ S.r.l. harmless from any liability arising from the issue of incorrect tax documents resulting from errors in the information supplied by the customer, who is solely responsible for entering that information correctly.

ARTICLE 6 – RIGHT OF WITHDRAWAL AND COMPLAINTS

a) Pursuant to Article 64 of Legislative Decree 205/06, consumers may exercise their right of withdrawal and return the product received, in accordance with the terms and procedures set out below.

b) Consumers who are dissatisfied with their purchase for any reason have the right to withdraw from the contract within 14 business days of the date the order is delivered.

c) Consumers exercising their right of withdrawal must submit a return request by accessing their account on www.niclo.it and following the procedure provided. Items must be returned intact and in the same condition in which they were received, with their barcode tags and any other seals forming part of the product. Return shipping costs are payable by the customer.

d) Provided that all the conditions and consumer obligations set out above have been met, niclo’ S.r.l. will refund the sales price of the purchased item directly to the card used for payment or to the PayPal account within 14 calendar days of the date the return is accepted by our logistics team.

e) Consumers wishing to exchange an item for a different size or colour may place a new order.

f) For returns resulting from an error by niclo’ S.r.l., such as an incorrect size or colour, please email nicloitalia@pec.it, stating the order number, tax receipt number and the items you wish to return, together with a brief explanation of your request. The company will reply as soon as possible with the information required to resolve the issue.

ARTICLE 7 – PAYMENT METHODS

a) By completing the relevant fields on the banking payment system’s website, the consumer and/or customer authorises niclo’ S.r.l. to use their credit card and debit their account in favour of niclo’ S.r.l. for the total amount shown as the cost of the online purchase. The entire procedure, for both credit card payments and bank transfers, takes place through a secure connection directly linked to the banking institution that owns and operates the online payment service. niclo’ S.r.l. cannot access this connection.

b) If the consumer exercises the right of withdrawal as provided for in these contractual terms, the refund will be credited directly to the credit card or PayPal account, or to the bank account if payment was made by bank transfer, upon submission of a specific request to niclo@pec.it.

ARTICLE 8 – EXPRESS TERMINATION CLAUSE

a) niclo’ S.r.l. may terminate the contract by notifying the consumer and/or customer and providing adequate and justified reasons. In such cases, the customer shall be entitled only to reimbursement of any amount already paid.

b) The obligations undertaken by the customer under Article 7 of these terms (“Customer Obligations”), together with the guarantee of successful payment using the methods referred to in Article 2, are essential. Accordingly, by express agreement, failure by the customer to fulfil even one of these obligations shall result in automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a court ruling, without prejudice to the right of niclo’ S.r.l. to bring legal proceedings for damages.

ARTICLE 9 – JURISDICTION AND COMPETENT COURT

a) Any dispute concerning the application, performance, interpretation or breach of purchase contracts concluded online through www.niclo.it shall be subject to Italian jurisdiction. For matters not expressly provided for herein, these General Terms and Conditions refer to the provisions of the Italian Civil Code, Legislative Decree 21/2014 – 205/06, and any other applicable provisions.