a) The offer and sale of apparel and accessories covered by the marks NUVOLA and NVL on the website www.nvl.it are governed by the following Terms and Conditions.
b) The products covered by the marks NUVOLA and NVL, purchased on the website www.nvl.it are produced and sold by NVL S.r.l., Company Registry Number of Napoli, CF and P. IVA 04564881219 VAT. Ident. IT04564881219 - R.e.a. 702363 – Share Capital s. ed i. v. € 800,000.00 based in Casalnuovo di Napoli (NA), Via Napoli, 131
c) Purchases are governed by, among other things, the provisions of the Decree. N. 206 of 06.09.2005 (Consumer Code) under which:
I) "Contract of sale on line" means the contract, i.e. the legal transaction concerning goods and/or services conducted between the seller, in this case NVL S.r.l., via the online service www.nvl.it, and the consumer, through a distance sales system organized by a professional who, for this contract, only use distance communication technology called the Internet;
II) "Professional" means any natural or legal person acting in the exercise of their business or profession, or an intermediary;
III) "Consumer" means the natural person who acts for purposes not related to business or professional activity.
ART. 1 ACCEPTANCE OF TERMS OF SALE
a) All contracts will be conducted directly through the website www.nvl.it, where the customer can complete the contract for the purchase of goods and/or desired product carefully following the instructions and procedures provided.
b) These general conditions of sale are an integral and essential part of the sales contract, for this reason they must be examined "on line" by the customer before completing the purchase process. The submission of an order confirmation implies full knowledge and full acceptance of the general conditions.
c) The general conditions of sale may be updated or changed at any time by NVL S.r.l., which will be communicated through a page of the website. The customer agrees to print and store these materials.
d) The customer, by sending electronic confirmation of their purchase order, unconditionally accepts and agrees to comply, in relation with NVL S.r.l., the general terms and conditions, including conditions of payment described below, declaring to have read and accepted all information provided to him.
e) NVL S.r.l. will be released from the general conditions unless previously agreed upon and accepted in writing.
ART. 2 SALE PRICES AND METHOD OF PURCHASE
a) All sales prices of the products shown on the website www.nvl.it that are offered to the public, pursuant to art. 1336 cc, are inclusive of VAT and all other taxes regarding to the sale.
b) The total cost of shipping and handling will be clearly indicated and displayed before completion of the order.
c) The purchase agreement, and expressed consent, is executed through the compilation of data “on line”, and subject to the successful completion of payment.
d) The customer can pay for the goods ordered using the payment methods indicated "on line" with their purchase.
ART. 3 DELIVERY METHODS
a) Shipping charges are calculated based on the amount of the order and to the State/Country of destination: Italy and the Republic of San Marino, € 10 for orders below € 100.00, and free delivery for orders equal to or greater than € 100.00. Europe (except Malta and Cyprus), € 20 for orders below € 250.00, and free delivery for orders equal to or greater than € 250.00. For all other countries shipping costs start from € 35.00.
b) NVL S.r.l. will provide a trusted courier service, thereby completing delivery; the products selected and ordered will be transported to the address indicated by the customer.
c) NVL S.r.l. will endeavor to process orders within 7 working days and the goods purchased will be delivered within the terms of Article. 54 of Legislative Decree no. 205/06, within 30 days from the day following that on which the consumer forwarded his order to the professional. No responsibility can be attributed to NVL S.r.l. for late or non-delivery due to force majeure or unforeseeable circumstances.
ART. 4 LIABILITIES
a) NVL S.r.l. assumes no liability for disruptions caused by force majeure such as, for example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other events that could prevent, in whole or in part, to implement in the time agreed in the contract.
b) NVL S.r.l. will not be liable to any party or third parties for damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, since the customer shall only be entitled to a refund of the price paid.
c) Likewise, NVL S.r.l. is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the products purchased. NVL S.r.l., in fact, at no time of the purchase procedure is able to know the number of credit card customer who, opening a secure connection, is transmitted directly to the manager of banking service.
ART. 5 CUSTOMER OBLIGATIONS
a) The customer agrees, once the “on line” purchase is completed, to print and keep the current general conditions, which, however, the customer has already seen and accepted as a necessary step in the acquisition, and specifications of the product purchased, and that in order to fully satisfy the conditions of Articles. 52 and 53 of Legislative Decree no. 205/06;
b) It is strictly prohibited for minors to make "on line" purchases.
c) It is strictly forbidden for the customer to enter false and/or invented and/or fantasy data, during the registration process required to provide him with the procedure for the execution of this contract, and in any subsequent communications; personal data, address, telephone number and e-mail address must be real, personal data, not for other persons, nor invented.
d) It is expressly forbidden to enter data of third persons. NVL S.r.l. reserves the right to prosecute any violation or abuse, for the protection of all consumers.
e) The customer indemnifies NVL S.r.l. from any liability arising from incorrect tax records because of errors in the data supplied by the customer, since only the latter is responsible for the correct entry.
ART. 6 RIGHT OF WITHDRAWAL AND COMPLAINTS
a) Under Article. 64 of Legislative Decree no. 205/06, the consumer may exercise the right of withdrawal and return the product received, in accordance with the terms and conditions set out below.
b) A consumer, who for whatever reason are not satisfied with the purchase, has the right to terminate the contract, within 14 working days from the date of delivery of the order.
c) If the consumer has exercised their right of withdrawal, the consumer will have to make the request made by logging into their profile on www.nvl.it, and following the instructions. Remember that items must be returned intact and in the same state they were received, providing the tags indicating the bar code and any other seal that is part of the product.
d) In the case the consumer has complied with all the conditions and obligations indicated, NVL S.r.l. shall refund the sale price of the purchase by direct refund to the card used for payment, or the PayPal account, within 14 calendar days from the date of acceptance of the return part of our logistics.
e) The consumer who wants to exchange for a different size or color can place a new order.
f) If as a result of errors made by the Company NVL. S.r.l. (i.e. wrong size, color does not conform etc ...), simply send an e-mail to firstname.lastname@example.org indicating order number/number receipt/articles that you want to exchange/return and explain briefly your request. In this case the Company will respond as soon as possible and provide all the necessary information to the resolution of the problem.
ART. 7 METHOD OF PAYMENT
a) Compiling the appropriate space for the online banking system payment, the consumer and/or customer authorizes NVL S.r.l. to use their credit card to debit your bank account in favor of NVL S.r.l. for the total amount shown as the cost of the "on line" purchase. The whole procedure (for both credit cards and for the bank transfer) takes place via secure connection directly connected to the bank owner and operator of online payment service, which NVL S.r.l. cannot access.
b) If the consumer were to exercise the right of withdrawal, as provided in these conditions, the amount to be refunded will be credited directly to the credit card or PayPal account, or by crediting the bank account if paid by bank transfer, by sending a request to email email@example.com
ART. 8 TERMINATION CLAUSE
a) NVL S.r.l. has the right to terminate the contract by simply notifying the consumer and/or customer with adequate and justified reasons; in which case the customer will only be entitled to a refund of the amount already paid.
b) The obligations assumed by the customer in art. 5 of these terms (Customer Obligations) as well as the guarantee for the completion of payment the customer makes by one of the methods outlined in art. 7, are essential, so that by implied agreement, the failure by the customer, to even only one of these obligations, will lead to termination of the contract pursuant to Art. 1456 cc, without any judicial decision, subject to the right to NVL S.r.l. to sue for compensation.
ART. 9 JURISDICTION
a) Any dispute regarding the application, execution, interpretation and violation of purchase contracts executed "on line" via the website www.nvl.it is subject to Italian jurisdiction; the general conditions are reported, although not expressly provided herein, the rules laid down by the Civil Code, as well as the legislative decree. 21/2014 - 205/06 and all other rules regarding the matter.
ONLINE DISPUTE RESOLUTION
If you've had a problem with something you've bought online you can use this site to try and reach an out-of-court settlement only if you live in the EU: https://webgate.ec.europa.eu