Terms and conditions
Date of publication on the site and entry into force 10/04/2017
1.1. These general conditions of sale govern the purchase of products (hereinafter, the "Products") offered on the e-commerce site www.niyoandco.com (hereinafter, the "Site"). Niyo S.r.l. with registered office in Rome (RO), Via della Giuliana, 44 00165, VAT number: 13874371001, is owner and operator of the site. (hereinafter, the "Seller").
1.2. These general terms and conditions see the Seller on one side, and, as buyer, the user of the Website who purchases one or more Products for purposes not related to his business, commercial, craft or professional activities (hereafter , the "Consumer") (Seller and Consumers will be referred to jointly as "the Parties").
1.3. The Seller is the original owner of the Products and owner of the rights to the domain name of the Site, the logos and trademarks relating to the Products as well as the copyright on the contents of the Website.
1.4. Any communication from the Consumer concerning the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, etc. - must be sent to the Seller at the addresses and according to the methods indicated on the Website.
1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.
1.6. The Site is dedicated to retail sale and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are advised not to execute purchase orders. If one or more purchases are made by a person not qualified as Consumer, these general conditions of sale will apply but, by way of derogation from the provisions in the same: i) the purchaser will not be granted the right of withdrawal referred to in 10; ii) the purchaser will not be able to benefit from the guarantee on the Products indicated in article 8; iii) any other protection, here provided for in favor of the consumer, that reflect or comply with mandatory provisions of law, will not be recognized to the purchaser; iv) the contract of sale concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the 1980 Vienna Convention on the international sale of goods.
1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information related to the order made and the present general conditions of sale are sent via e-mail to the address stated during the registration on the Site or during the purchasing process.
1.8. The purchase of the Products through the Site is allowed only to persons who have reached the age of majority (18 years) and who are endowed with the ability to act. The Consumer who proceeds to the purchase declares and guarantees under his own responsibility to be in possession of the aforesaid characteristics.
2. Product characteristics and applicable sales conditions
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to change these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. Prices, Products for sale on the Site and / or their characteristics are subject to change without notice. Before sending the purchase order in accordance with the following point 3, the Consumer is invited to verify the final sale price.
2.4 The site can be accessed from all over the world. However, the Products available on the Website can only be purchased by users who request delivery in one of the States indicated on the Website.
3. Conclusion of the purchase contract for the Products
3.1. The presentation of the Products on the Website, which is not binding on the Seller, represents a mere invitation to the Consumer to make a purchase contract proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and that the Consumer, by sending the order to the Seller , is obliged to accept fully and without reservation. Before proceeding to purchase the Products, by sending the purchase order, the Consumer will be asked to carefully read the present general conditions of sale and the information on the right of withdrawal, to print a copy through the command of printing and store or reproduce a copy for your personal use.
3.3. The purchase order of the Consumer is accepted by the Seller by sending it to the Consumer, to the e-mail address stated by the Seller at the time of registration on the Website, or to transmit the order if the Consumer is not registered at the Site, of an e-mail confirming the order, which will report the link to the text of these general conditions of sale, the summary of the order and the description of the characteristics of the product ordered. The order of the Consumer, the confirmation of the order of the Seller and the general conditions of sale applicable to the relationship between the Parties will be electronically filed by the Seller in their computer systems and the Consumer may request a copy by sending a communication via e-mail to the Seller all 'firstname.lastname@example.org address.
3.4. Each purchase contract of the Products is concluded when the Consumer receives the order confirmation from the Seller by e-mail.
4. Procedure for selecting and purchasing the Products
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and inserting them in the appropriate virtual shopping cart. After the selection of the Products, to purchase the Products included in the cart, the Consumer will be invited to (i) register with the Site, providing the requested data, or (ii) to login, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. The Consumer will display a summary of the order to be executed, whose content can be modified: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check mark (check-box) present on the Website and finally, through the "Insert order" button, the Consumer will be asked to confirm his order, which will be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the method of delivery and the payment method, among those available. If payment is made by means of immediate payment (contextual to the purchase) by credit card or PayPal, the Consumer will be required to communicate the relevant data through a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the particulars indicated by the Consumer.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and their delivery times. The Vendor undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to perform the delivery within a maximum time of 30 (thirty) days starting from the day following that in which the Consumer has sent the order.
5.2 In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for payment of the Product pursuant to next par. 5.3. If the payment was made by bank transfer, where provided on the Site, the delivery time will start from the receipt of the fee by the Seller.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check promptly and as soon as possible that the delivery includes all and only the products purchased and to promptly inform the Seller of any defect of the Products received or of their discrepancy with the order placed, according to the procedure in the following art. 8 of these general conditions of sale, failing that, after 14 days from receipt, the Products will be deemed accepted. If the package or wrapper of the products ordered by the Consumer were to arrive to destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / shipper or to accept delivery "with reserve".
6. Prices and costs
6.1. The price of the Products is the one indicated on the Site at the time the order is sent by the Consumer. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs, which are calculated before the order confirmation sent by the Seller to the Consumer and that Consumers undertake to pay to the Seller in addition to the price indicated on the Website.
6.2. The Consumer must pay the total price to the Seller, as reported in the order.
6.3. If the Products are to be delivered in a country outside the European Union, the total price indicated in the order is net of any customs duties and any other sales tax, which the Consumer undertakes from now on to pay, if due, in addition to the price indicated in the order, in accordance with the provisions of the law of the country in which the products will be delivered. The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the products.
6.4. The Consumer is solely responsible for any additional cost, charge, tax and / or tax that a given country may apply, for any reason whatsoever to the Products ordered according to these general conditions of sale.
6.5. The Consumer declares that the lack of knowledge of costs, charges, duties, taxes and / or taxes referred to in the previous par. 6.3. and 6.4., at the time of sending an order to the Seller, can not constitute grounds for termination of this contract and can not in any way charge the aforementioned charges to the Seller.
7.1. The Consumer expressly accepts that the execution of the contract by the Seller will start at the time of crediting the price of the purchased Product / s on the Seller's current account.
7.2. Payment can be made by credit card, bank transfer, payment by express courier for cash on delivery, bank transfer or PayPal, under the conditions described below. The Seller may allow other methods of payment, indicating them in subsequent versions of these general conditions or in the "payments" section of the Website.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site. The transmitted data will be sent in protected mode, through the encrypted transfer of data with a 128-bit SSL (SecureSocketLayer) system. This data is not accessible even for the Seller.
7.4. The Seller will promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address stated by the same, the receipt for the purchase, if the Products purchased are intended to be delivered in Italy, or attached in paper format to the Products purchased, in all other cases.
8.1. Pursuant to and for the effects of the European Directive 44/99 / EC and the Italian Legislative Decree n. 206/2005 (Consumer Code) and within the limits specified therein, the Seller guarantees to the Consumer that the Products will be free from design and material defects and comply with the descriptions published on the Site for a period of 2 (two) years from the date delivery of Products to the Consumer. The application of any warranty in case of use or washing of the Product not compliant with the product's own and with the instructions / warnings about it provided by the Seller, or reported in the illustrative illustrative documentation, in the tags or in the labels, is excluded.
8.2. Under penalty of forfeiture of this warranty, the Consumer has the burden of reporting any defects and non-compliance no later than 2 (two) months after discovery, by sending an e-mail to email@example.com, with an indication of the defect and / or non-conformity found, including at least n. 1 (one) photo of the Product, the confirmation of the order transmitted by the Seller and / or the fiscal receipt.
8.3. Following the communication from the Consumer, the Seller will assess the defects and non-conformities reported by the Consumer and, after having carried out the debts checks, will decide whether to authorize the return of the Products providing the Consumer with a reply containing the "Return Code" ", By e-mail to the address provided by the latter during the registration process on the Site or during the transmission of the order. The authorization to return the Products will not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained subsequent to the return. The Products of which the Seller has authorized the return must be returned by the Consumer, together with a copy of the communication of the return authorization bearing the "Return Code", within 30 (thirty) days from the notification of the defect or non-compliance, to the following address: Niyo Srl, Via degli Olmetti, 30 - 00060 Formello (RM) - Italy.
8.4. If the Seller is required to refund the price paid to the Consumer, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the Consumer's responsibility to notify the Seller, by e-mail at firstname.lastname@example.org, of the bank details to make the transfer in his favor and to ensure that the Seller is able to return the amount due.
9. Responsabilità per danno da prodotti difettosi
9.1. Per quanto riguarda eventuali danni provocati da difetti dei Prodotti, Il Venditore, nella qualità di mero distributore dei prodotti tramite il Sito, si libera da qualsivoglia responsabilità, nessuna esclusa e/o eccettuata, indicando il nome del relativo produttore del prodotto.
10. Right of Withdrawal
10.1. The Consumer is entitled to withdraw from the contract concluded in accordance with these general conditions of sale, without any penalty, for any reason and without having to motivate in any way his decision, within the term of 14 (fourteen) days starting from the day in which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires the physical possession of the Products.
10.2. For the purpose of exercising the right of withdrawal, the Consumer is required, within the period referred to in the previous paragraph, to inform the Seller of his decision to withdraw from the contract through an explicit declaration (for example, a letter sent by post, fax or post e). For the same purpose, the Consumer may also fill out and send the return form on the Website electronically to the Seller; in case he chooses this option, the Seller will transmit without delay to the Consumer an acknowledgment of receipt of the withdrawal on a durable medium (for example by e-mail).
10.3. If the Products have not been sent to the Consumer, the withdrawal will be considered exercised with the receipt by the Seller of the aforementioned notice of withdrawal.
10.4. If the Products have been sent to the Consumer, following receipt by the Seller of the notice of withdrawal, the Seller will send the return code to the Consumer by e-mail. Within the following 14 days the Consumer must return the Products to the Seller, sending them or delivering them to Niyo S.r.l., Via degli Olmetti, 30 - 00060 Formello - Italy, clearly indicating the relative return code.
10.5. It is understood that the risks and costs of transport relating to the return of the Products to the Seller will be borne by the Consumer.
10.6. In order for the right of withdrawal to be validly exercised, the Products must be delivered or in any case sent to the Seller, intact: they must not have been used, worn, washed or damaged; the identification tag must still be attached to the Products with the disposable seal; Products must be returned in their original packaging, they must be sent to the Seller in a single shipment. Items ordered with the same order must be returned at the same time and shipped with a single shipment. It is advisable to cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport even by writing or labels. The Consumer will be responsible for the decrease in the value of the Products resulting from their handling other than those necessary to establish the nature, characteristics and functioning
10.7. The Seller will accept the returned Products, reserving the right to verify that they have been returned in the conditions described in the previous par. 10.6.
10.8. If the right of withdrawal has been validly exercised by the Consumer within the terms and in the manner provided, the Seller will reimburse to the Consumer all payments made by the latter, including delivery costs (with the exception of additional costs arising from any choice of the consumer of a type of delivery different from the less expensive type of standard delivery offered by the Seller). However, the Seller may withhold such reimbursement until he has received the Products (and verification of returned Products has been successful) or until the Consumer has demonstrated that he has shipped the goods, whichever situation occurs first. In any case, the Consumer will be responsible for the costs of returning the Products to the Seller, including shipping, any duties or other taxes.
10.9. The reimbursement referred to in the preceding paragraph will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer to the Consumer; The Consumer's responsibility will be to communicate to the Seller, via e-mail to email@example.com, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to repay the amount due. If the payment is made by credit card, the aforementioned refund will be executed within the terms indicated directly by crediting the amount due on the credit card used by the Consumer for payment. If the payment is made through PayPal, the aforementioned refund will be executed within the terms indicated directly through the crediting of the sum due to the account used by the Consumer for payment.
11. Intellectual property rights
11.1. The Consumer declares to be informed that all brands, names, as well as any distinctive sign, name, image, photograph, written text or graphic used on the Site or related to the Products are and remain the exclusive property of the Seller and / or his assignees, without access to the Website and / or from the purchase of the Products, may derive from the Consumer any right over the same.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner
13.1. Although the Seller takes measures to protect personal data against any loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller can not guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has provided authentication (login), are not accessible or viewable by unauthorized third parties.
14. Applicable law and jurisdiction
14.1. Each sales contract concluded between the Seller and Consumers pursuant to these general sales conditions will be governed and interpreted in compliance with applicable Italian laws.
14.2. In the case of disputes between the Seller and a Consumer, we guarantee from now on our participation in a friendly conciliation attempt that each Consumer can promote in front of RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, allowing a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure manner on the internet. For more information on the regulation of RisolviOnline or to send a request for conciliation access www.risolvionline.com.
14.3 If the conciliation attempt referred to in paragraph 14.2 above is not adhered to, or if this attempt is to have a negative outcome, the dispute will be assigned exclusively to the Court of Rome, unless the provision is not applied due to regulations mandatory law in force in the country where the consumer resides.