General Conditions of Online Supply of the site https://www.nickymilano.it
– NICKY s.r.l., with registered office in Via Pietrasanta, 14 – 20141 Milan – C.F. e P. IVA 01230030155, in the person of his legal representative p.t., email [email protected], PEC [email protected],
(from now on “NICKY”)
– the Buyer, adult, requesting the provision of NICKY services and products as offered on the website https://www.nickymilano.it;
(from now on “Buyer”)
NICKY is a company operating in the fashion accessories sector, owner of a website under the domain name https://www.nickymilano.it (hereinafter also referred to as “the Site”), in which it makes available to the public an online service for selling products to the public, in the aforementioned sector, with the possibility of requesting customized products according to specifications specified by the Purchaser through the Site.
For the performance of the services in question, NICKY provides the Purchaser with a telematic system that can be activated by means of a specific form on the Site, which includes logical devices and software for managing the contractual relationship, useful, by way of example but not limited to, to to be able to place orders for physical products that will subsequently be sent to the Buyer who makes an order to purchase them.
The present contract conditions therefore represent the general conditions applied to all direct sales services of physical goods (hereinafter “Products”) present on the Site, which are made by NICKY after the Buyer’s choice of the specifications of production, therefore having to understand which products are made to measure.
The executability of the foreseen operations is conditioned to a correct use, by the Buyer, of the Internet, of the processors as well as of the software involved.
NICKY is the owner or has acquired all the rights and authorizations necessary for the sale of the Products to the public.
The Buyer declares to be of age and in full possession and exercise of the rights provided by law as necessary for the stipulation of this contract, such as for example the ability to understand and will and the legal capacity to act.
IT IS AGREED AND IT FOLLOWS AS FOLLOWS
ART. 1 – EFFECTIVENESS OF THE INTRODUCTION, OF THE ANNEXES, OF THE PRIVACY STATEMENT
1.1 The premises, the contractual Annexes and the Privacy information form an integral part of the Contract on a par with the other clauses.
ART. 2 – DEFINITIONS
2.1 For the purposes of the Contract, the Parties agree and declare to assign the terms specified below for the meaning individually specified for each of them:
Buyer: Buyer registered or not.
Registered Purchaser: user who accesses the Site, identified by means of unique passwords and user IDs conferred with previous registration procedure, for the effect of being able to place orders for Products as indicated in the Contract.
Unregistered Buyer: the user who accesses the Site, places an order but does not follow the complete registration procedure to the Site, being able however – after completing the Order – to use the Order status on the Site and / or the return / complaint procedures;
Contract: this agreement entered into between Purchaser and NICKY.
Registration data: the Buyer’s data entered to complete the registration forms contained on the Site, in order to obtain access to the services of the Site.
Order: the specific order of Products purchased contextually by the Buyer through the Site, as confirmed by the Buyer before sending it electronically to NICKY.
Products: all the material goods offered for sale to the public by NICKY through the Site, made to measure based on the Buyer’s prior instructions.
Return: the withdrawal procedure from the Order by returning the Product to the Buyer.
Complaint: the procedure for contesting the Product received by the Buyer.
Site: the website registered under the domain name http://www.nicky1920.it mentioned in the introduction and adopted by NICKY for the sale of the Products to the public.
ART. 3 – AUTHENTICATION CREDENTIALS
3.1 The credentials for accessing the services covered by the Contract and the related Attachments are assigned to the Buyer at the time of its online registration through a specific form on the Website, confirmed by the e-mail of registration and composed of: (a ) an identification code corresponding to the e-mail address and (b) an identification password in alphanumeric characters, chosen at will by the Buyer. The e-mail address and password defined at the time of registration can be changed by the Buyer at any time and without limitation. The registration form includes a series of mandatory information (indicated below with “*”) and optional information, namely: name *, surname *, date of birth *, e-mail *, telephone number *, shipping address *, address billing *, landline / mobile *.
3.2 The services offered by NICKY are personal, therefore the Purchaser has assumed the assignment to diligently keep these credentials, not to communicate or assign them to third parties and to keep them confidential, in order to prevent unauthorized access ; in the event that, for any reason, including the hypothesis of theft, the credentials should become known to third parties, the Buyer is obliged to immediately inform NICKY, so that he can proceed with the replacement of the same. If the Buyer is no longer able to access the Site by entering his registration data, or is no longer able to change his password, he must immediately report the problem using the contact information on the Site. < / p>
3.3 The Buyer assumes personal responsibility for the data declared in the fields of the registration form and the consequences that may derive from false declarations. In the event of a mismatch with the truth stated by the Purchaser in the registration form, NICKY reserves the right not to enable or disable access to the Site and to the Buyer’s relative services, without any obligation of notice or motivation and without prejudice to the right to take appropriate legal measures in the case.
3.4 All data provided by Buyers through the Site will be processed by NICKY in accordance with what is indicated on the page called “Privacy”, present on the Site.
ART. 4 – CONCLUSION OF THE CONTRACT – MODIFICATION OF THE CONTRACT
4.1 The Purchaser who has obtained the authentication credentials as indicated in the art. 3 may have access to the services offered to the public by the Site; if it has not registered, it will be considered an unregistered Buyer and can still place Orders, and can then check their status by accessing the Site Tracking functions, or via a link communicated via email.
4.2 Through the Website, the Buyer may place the Product Order through a specific online form. The Order will be considered as an essential annex to the Contract, with equal effectiveness. The registered Buyer can then enter his own reserved area and have access to all available options, such as: order history, order status, return / claim procedures.
4.3 The Buyer will then complete the said Order by following the on-screen instructions, in addition to what is described in the appropriate area of the Site. In particular, the Order procedure guarantees the Buyer to be able to verify, at any time prior to the final confirmation of the same, the correctness and completeness of the data entered (as well as the technical means made available for possible corrections), in addition to the technical phases to be followed for the stipulation of the same.
4.4 The Contract stipulated between NICKY and the Purchaser must be considered concluded when the order sent by the Purchaser – in compliance with the purchase procedure indicated on the Site in a specific area – reaches the electronic address of the Site. The order sent by the Buyer will be binding on NICKY only if the entire purchase procedure has been completed regularly and correctly, without any indication of error messages from the Site.
4.5 By forwarding the order to NICKY, the Buyer acknowledges and declares to have read all the information provided during the purchase procedure and to accept this Agreement in full, including attachments.
4.6 NICKY reserves the right to modify these Terms and Conditions at any time by notifying the users published on the Site via general notices. To make the aforementioned changes fully binding, they will be deemed accepted by the Buyer and fully binding. to him only if he accepts them via the Site. The previous terms and conditions will remain in force with respect to the orders made in accordance with the previous conditions.
ART. 5 – PURCHASE MODE
5.1 The Buyer can only purchase the Products in the catalog of the Site at the time the Order is forwarded, as described in the relevant technical-information sheets. The Order cannot be made in relation to the Products which, although present in the Website catalog, are indicated as not available. The image accompanying the description of a Product may not be fully representative of its features, but may differ in some elements shown in the figure, as it is computer-generated based on the original. The technical support information must be understood as a simple generic information material.
5.2 The correct receipt of the Order is confirmed by NICKY by means of an e-mail communication, sent to the e-mail address indicated by the Buyer upon registration on the Site. The confirmation communication will contain the identification number, the date and time the order was placed, the indication of the products purchased, the relative price, the delivery costs, the data provided by the Buyer for billing and delivery, the payment method chosen by the Buyer and a summary of the general sales conditions [CF1]. The Buyer must immediately check the contents of the communication and immediately report any errors or omissions to NICKY.
ART. 6 – BUYER’S OBLIGATIONS AND GUARANTEES
6.1 The Buyer is forbidden to provide NICKY with false and / or fantasy and / or third party data, in the registration procedure necessary to activate the process for the execution of the Contract and the related further communications. It is also expressly forbidden for the Buyer to make multiple registrations corresponding to the same person or to record data of third parties. The Purchaser releases NICKY from any liability arising from errors or falsehoods regarding the data provided, the Purchaser being solely responsible for the correct insertion.
6.2 The Purchaser undertakes to provide, at NICKY’s discretionary request, a copy of his / her unexpired identity documents, in order to certify the truthfulness of what has been declared. Failure to comply with the request for documents authorizes NICKY to terminate the Contract for breach of the Buyer.
ART. 7 – CONSIDERATION
7.1 The mere registration on the Site and the obtaining of the authentication credentials considered per se do not involve any consideration on the part of the Buyer.
7.2 The prices of the Products that can be purchased by the Purchaser through the Site are clearly indicated on the Website itself and are understood to include VAT and any other applicable tax, also specified, representing an offer to the public pursuant to art. 1336 CC To the price of the Products must be added the cost of shipping and customs (always indicated on the Site on a specific page), the amount of which varies according to the method of delivery requested in the order.
7.3 The data relating to the price and availability of the Products shown on the Site are subject to change without notice, for which the Buyer is invited to double check this data before making each Order.
7.4 The purchase price, given by the price of the Products (including the tax items) and shipping costs, will be paid to NICKY through the payment method chosen by the Buyer during the Order.
ART. 8 – PAYMENT METHODS
A. CREDIT CARD
8.1 In the case of purchase of the Products with credit card payment method, together with the conclusion of the online transaction, the relative company issuing the card will authorize only the commitment of the amount relative to the purchase made. The amount relating to the Products, even partially, will actually be charged to the Buyer’s credit card immediately, as soon as the Buyer has confirmed the payment.
B. HYPE WALLET
8.4 The Hype Wallet payment method (https://www.hype.it/Hype/hypewallet) is subject to conditions similar to the credit card provisions set forth in the previous articles.
C. BANK TRANSFER IN ADVANCE FOR THE CORRENTISTS OF BANCA SELLA
8.5 The payment method for advance bank transfer is subject to the limits indicated from time to time in the purchase procedure that the Buyer must follow on the Site for the forwarding of the Order. In case of payment by bank transfer in advance, the delivery of the Products ordered by the Buyer will be suspended until the amount due has been credited to NICKY’s bank account. The transfer must be made by the Buyer within 3 (three) working days of receiving the e-mail confirming the order receipt; the Buyer must provide proof of the transfer order by sending a copy to NICKY – by e-mail to the e-mail address indicated on the Site – within 4 (four) working days of receiving the e-mail confirming the receipt of the order . The credited amount transferred to NICKY’s account must be received within 8 (eight) working days of receipt of the e-mail stating the order receipt. Once the three aforementioned terms have passed in vain, the order will be considered automatically canceled and will not be processed by NICKY. The purpose of the bank transfer must include: i) name and surname, reason or company name of the order holder; ii) the order reference number; iii) the date on which the order was placed.
8.6 At no time during the purchase process NICKY is able to know the information relating to the credit card or other means of payment of the Buyer, transmitted via secure connection directly to the website of the company issuing the card that manages the transaction . No computer archive of NICKY will keep such data. Under no circumstances can NICKY therefore be held responsible for any fraudulent or improper use of credit cards by third parties, when paying for Products purchased through the Site.
ART. 9 – INFORMATION ABOUT THE RIGHT OF WITHDRAWAL. REVOCATION OF REGISTRATION. EXPRESS RESOLUTION OF THE CONTRACT
9.1 The Purchaser who is a natural person and who stipulates the Contract by covering the status of consumer pursuant to art. 3 of Legislative Decree 206/2005 (ie those who act for purposes not related to their entrepreneurial or professional activity) would have the legal right to exercise, without any obligation to state reasons and without penalty, the withdrawal within and not later than the term of 14 (fourteen) working days from the delivery of the Product. However it must be considered that the Products sold by NICKY are all made to measure according to the specifications provided by the consumer, for which – according to the art. 58.1.c Legislative Decree 206/2005 – no withdrawal is allowed – as stated above – regarding these Products. Instead, the Purchaser is entitled to a right of return due to lack of conformity, as better indicated in the following art. 11 as to the legal guarantee.
9.2 Pursuant to the above, the Purchaser therefore declares to be aware and to accept the waiver of the aforementioned right of withdrawal.
9.3 Regardless of the said right of withdrawal provided for by the law, the registered Buyer always has the right to cancel his registration on the Site, by sending an e-mail with the heading “Request for cancellation”, without any need for motivation. NICKY will promptly delete Buyer’s data from its user database. The cancellation request cannot in any case be considered a withdrawal from any Orders or requests for Products or Services previously made by / for NICKY.
9.4 NICKY may terminate this and any other subsequent contract with the Buyer pursuant to and for the purposes of art. 1456 cod. Civ., in the event of failure by the Purchaser to comply with the provisions of articles 6 or 11 of the Contract, without prejudice to and without prejudice to NICKY’s rights to the payment of fees accrued in its favor on the date of termination and to any compensation for damages suffered.
ART. 10 – LIABILITY OF NICKY
10.1 NICKY declines all responsibility for errors, omissions, interruptions, cancellations, defects, operational or transmission delays, failure of communication lines, theft, destruction, unauthorized access or alteration of any communication made by users (subscribers or minus), as well as in relation to any technical problem or inconvenience in networks or telephone lines, online processing systems, servers, IT equipment, software, e-mail or reproduction software errors due to technical problems or high traffic on the Internet of the Website services or a combination thereof. In particular, NICKY assumes no responsibility for any fraudulent or illegal use by third parties, credit cards and other means of payment, if you show that you have taken all possible precautions based on ordinary diligence. p>
10.2 The Site Services are provided “as is”, or according to technical availability; NICKY does not guarantee its continuous, safe supply, without errors or interruptions; NICKY cannot guarantee or promise the achievement of specific results as a result of the use of the Services or Products, in addition to what was agreed in the Contract.
ART. 11 – GUARANTEES AND ASSISTANCE
11.1 All Products sold by NICKY are covered, for the Buyer who is a “consumer” (or is a natural person who buys the goods for purposes unrelated to the business or professional activity performed, making the purchase through the Site without indicate in the order form a VAT number reference), from the legal guarantee for the lack of conformity, according to the art. 128-135 Legislative Decree 206/2005. To qualify for warranty service, the Buyer must keep the invoice he will receive on delivery of the Products.
11.2 The legal guarantee in favor of the consumer Buyer covers the lack of conformity, existing at the time of delivery of the goods, which became apparent within two years of delivery of the goods. The action against the seller is in any case prescribed within 2 (two) years from delivery of the goods. In the event of lack of conformity, the consumer Buyer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate price reduction or termination of the contract, according to the provisions of art. 130 of Legislative Decree n. 206/2005. The Purchaser, in this regard, may proceed to request the elimination of the lack of conformity by e-mail addressed to the contractual addresses of NICKY. Once the communication is received, NICKY will contact the Buyer to communicate the return methods of the Products. NICKY will send a carrier to collect the Products at no additional cost to the Buyer. The Products must be returned by the Buyer, possibly in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment). It should be avoided in all cases the attachment of labels or adhesive tapes directly on the original packaging of the Products. Once the Products returned by the Buyer have been checked, NICKY will provide for the replacement or repair and will proceed with the shipment of the amended / replaced Products, except for the provisions of art. 130 of Legislative Decree 206/2005. If, following receipt, NICKY ascertains that the reported defect does not integrate a lack of conformity pursuant to art. 128 ss. Legislative Decree 206/2005, the Buyer will be charged for any costs of verification and recovery, as well as transportation costs, if incurred by NICKY.
ART. 12 – DELIVERY, BILLING, EXPENSES AND SHIPPING
12.1 NICKY, for all Products offered for sale through the Site, accepts Orders with delivery to be made throughout the world.
12.2 For each Order placed by the Buyer through the Site, NICKY issues an invoice for the Products shipped, sending it via e-mail to the Order holder. For the issuance of the invoice, the information provided by the Purchaser at the time of the order shall prevail. No change in the invoice will be possible after the issuance thereof.
12.3 Delivery costs are charged to the Buyer, to the extent indicated in the order acknowledgment of the Order and previously on the Site in a specific area. The payment of the Products by the Buyer will be made using the method chosen at the time of the Order.
12.4 The delivery of the Products requires the presence of the Buyer or his representative at the address of the recipient indicated in the Order. Upon delivery of the Products, the Buyer is required to check: i) that the number of packages delivered corresponds to what is indicated on the transport document (so-called “DDT”); ii) that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials. Any damage to the packaging and / or the product or the mismatch in the number of packages or indications must be immediately contested, placing a written control reserve on the proof of delivery of the postal service. Once the postal service document has been signed, the Purchaser will not be able to make any objection to the external characteristics of what was delivered.
12.5 Without prejudice to the maximum term of 8 (eight) working days from receipt of the Order, the times established for the delivery of the Products must be considered indicative. There is no telephone notice to the Buyer. If there is company closure or other impossibility to deliver the Products in the times indicated above, the Buyer will be notified by a special notice on screen online before ending the Order.
ART. 13 – SITE RIGHTS
13.1 The Site (meaning, by way of example, graphic elements, design elements, trademarks, original works of various types) is protected by applicable laws regarding copyright, trademarks, patents and other private rights, as well as by other applicable laws.
13.2 The Website owner makes the Website and its contents available to the public (in interactive form on demand), in addition to this Regulation grants the Purchaser a limited license to reproduce and view the pages of the same Site (with the exclusion of any software code), exclusively for personal use and use of the related services, including the sale of the Products; therefore any right other than and additional to those indicated in the articles of the Contract is to be considered excluded towards the Buyer.
ART. 14 – COMMUNICATIONS
14.1 All communications from NICKY to the Buyer will be made, at the exclusive choice of NICKY, by e-mail, regular mail or by telephone / fax to the addresses provided by the Buyer during the Registration Procedure, unless otherwise indicated in the Agreement. p>
14.2 All communications from the Buyer to NICKY must be made exclusively by e-mail to the following address: [email protected], unless otherwise indicated in the Contract.
ART. 15 – BUYER’S TECHNICAL REQUIREMENTS
15.1 Before proceeding with each Purchase Order, the Buyer must verify that its electronic and telematic tools, which will be used as described in the fulfillment of what is requested, present the minimum necessary requirements (software and hardware) for the its correct use. The minimum technical requirements may be indicated on the Website, on a specific page.
15.2 NICKY assumes no responsibility for failure or incorrect use resulting from the lack of the prescribed minimum requirements.
ART. 16 – LAW APPLICABLE TO THE CONTRACT AND DISPUTE RESOLUTION
16.1 The parties expressly agree that they will apply to the Contract, as well as to all of the relationships governed by it, arising, arising or in any case connected, also with reference to the execution, termination, termination, withdrawal, substantial Italian law and trial. p>
16.2 The parties undertake, prior to the use of the judicial procedure, to apply the appropriate Online Dispute Resolution procedure, or alternative online resolution of disputes, through the bodies in charge of this and chosen through the https: // webgate platform. ec.europa.eu/odr, under the conditions that can be consulted there.
16.3 For disputes that may arise on the basis of this report, the jurisdiction will fall to the judicial authority of the place of residence or domicile of the consumer User, pursuant to Legislative Decree 206/2005. If the User is not a consumer, the Milan Court will be exclusively competent.
ART. 17 – GENERAL PROVISIONS
17.1 The Buyer declares under his own responsibility to be of age.
17.2 The Contract cancels and replaces any previous agreement, verbal or written, between the Parties and having the same object. Any amendment to the Contract will be valid and binding only if proposed and approved in writing by the Parties.
17.3 In the event that one or more provisions of the Contract prove to be invalid, this will not affect the applicability of the remaining provisions.
17.4 The Parties elect their domicile for each purpose concerning the Contract, including any legal notifications and sending notices, to the addresses indicated in the Contract and to those provided by the Buyer to NICKY when registering for Site. Each Party shall promptly notify the other of any changes of domicile.
17.5 The provisions of Legislative Decree 206/2005 (Consumer Code, in particular Title III dedicated to “Distance contracts”) as well as of Legislative Decree 70/2003 apply to the Contract, insofar as they are compatible. (Implementation of the Directive on Electronic Commerce).
17.6 The possible existence of other additional contracts or agreements between NICKY and the Purchaser does not establish any connection between them to the present, therefore each remaining separate and autonomous, except in the case in which a contract or agreement explicitly and functionally calls for a other (as in the case of the Annexes to this Contract, which may be found on the pages of the Site making available to the public of the relevant service), but always within the limits of a correct literal interpretation thereof.
17.7 The Buyer declares to have read, understood and fully accepted these contractual conditions and undertakes to keep them in writing or on another durable medium available to him and accessible to him.
17.8 The parties agree that they will apply to the Contract and to any relationship between them governed and / or arising the Italian language exclusively, unless otherwise agreed between the parties to be made in writing under penalty of nullity.
17.9 The Buyer hereby authorizes NICKY to assign, in whole or in part, the rights and / or obligations deriving from this agreement to third parties, without its prior confirmation being necessary. This transfer will be communicated to the Buyer.
I accept the aforementioned terms and conditions.
Pursuant to and for the purposes of art. 1341 and 1342 c.c. the Buyer declares to have carefully read and to approve and accept all the articles of this contract and specifically:
3 – Use of authentication credentials
4 – Conclusion of the Contract, in particular art. 4.5 concerning the obligation to sign the contract in writing
6 – Purchaser’s obligations and guarantees
9 – Information on the right of withdrawal. Revocation of registration. Express termination of the Contract
10 – Liability of NICKY
11 – Guarantees and assistance
13 – Website Rights
16 – Law applicable to the contract and dispute resolution (exclusive jurisdiction of Milan)
17 – General provisions (in particular, novation, contractual link, assignment).
I specifically accept the aforementioned clauses of the contract