GENERAL INFORMATION AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
The access to and use of the website www.nugnes1920.com (hereinafter “website”), as well as the purchase of products on the above website, requires the reading, knowledge and acceptance of these terms and conditions. The products available on the website (“products”) are sold by Nugnes by Giuseppe Nugnes & C. s.a.s., with registered office in Trani (BT) in Corso Vittorio Emanuele no. 197 - postal code 76125, VAT no. 03945530727, enrolled in the Register of Companies of Bari under no.06363770725 Numero Rea: BA-480869 (hereinafter “Nugnes”), a company already operating off-line for several decades in the field of high fashion clothing in its own prestigious stores.
The contents of www.nugnes1920.com such as, by way of example but not limited thereto, figurative parts, music, videos, graphic examples and any other material on the website, including web-pages, layout, functions and software, are protected by intellectual property rights of Nugnes; therefore any reproduction, in whole or in part, of its contents is forbidden without express consent in writing. Nugnes is also the exclusive owner of the trademark and domain name, “Nugnes1920”. All other marks of the products sold on the website are registered trademarks of their respective owners and are lawfully used only to describe the products on sale; any use of the Nugnes trademark and similar and/or of third party trademarks which does not comply with the law is prohibited and has legal consequences, since such use is unauthorised. It is not permitted to use these marks in any way in order to obtain unlawful advantage of their good reputation leading to harm to be caused to them. The website www.nugnes1920.it may contain links to other websites that have no connection with Nugnes and which Nugnes does not control. Therefore, Nugnes cannot be held responsible for the content of other websites also with regard to the processing of personal data.
Nugnes also adopts measures in order to prevent the publication on its website of contents that may be considered harmful for civil, religious beliefs and for human dignity in all its forms and expressions, in accordance with applicable national legislation.
1. SCOPE OF APPLICATION. The offer and/or sale (on-line) of products on the website constitutes a distance contract governed byItalian Legislative Decree No. 206 of 06/09/2005, (“Consumer Code”) and by Italian Legislative Decree No. 70 of 09/04/2003 (so called discipline of electronic commerce) as amended by Italian Legislative Decree No. 21 of 21/02/2014. The purchase of products on the website is permitted only to those who have reached legal age. Customers must read the terms and conditions that Nugnes provides, as well as any other pertinent information before and during the purchase process.
2. DEFINITIONS. According to the existing Consumer Code, the following definitions must be understood: consumeris a natural person acting for purposes outside the trading , business, craft or professional activities; professionalis any natural or legal person placing an order in the exercise of his/her business, commercial, craft or professional activity, or that is, anyhow, a holder of a VAT number (given that the inclusion of a VAT no. during the checkout procedure is considered as an indication of the execution of the purchase for purposes related to business, commercial, craft or professional activities). From now on, therefore, the term customer will be indifferently intended as a consumer or a professional. The term contractmust be understood as set forth in Article no. 8; working day,must be understood, according to law, as any day of the week, except Saturdays, Sundays and public holidays.
3. PURCHASES ON THE WEBSITE AND USER REGISTRATION. Products can be purchased on the site after the user has registered, by filling in the required fields in the relevant form that can be found on the dedicated web page. Registration allows customers to perform the following tasks: consult their order history in the dedicated section; follow the tracking of the shipment directly from the order history; gain faster access to the after-sales service; receive advantageous product offers in advance.
4. PLACING ORDERS, CONFIRMATION AND ACCEPTANCE OF ORDERS. In accordance with Italian Legislative Decree No. 70 of 09/04/2003, as amended, Nugnes informs the Customer that: to make a purchase of one or more products on the website, the customer must select the chosen product(s) and send the order to the seller by electronic means and following the instructions displayed from time to time on the website, indicating: code, colour, size, brand, and product description; any additional information. Before the final placement of the order, the customer will be able to identify and correct any errors in the entered data by following the instructions in the various phases of the purchase; the user will be required to expressly approve the general sales conditions, which must be read, confirmed and accepted, through the link which must be checked. Once the order has been placed, Nugnes will send an order-acceptance confirmation email to the customer at the indicated email address containing the information on the essential features of the purchased product, including the size, characteristics of the product and price, the means of payment chosen by the customer, any additional costs, the related order number, as well as all information regarding the right of withdrawal and data processing. The order form will be stored in the Nugnes database for the time necessary to execute the order and, in any case, as prescribed by law. To access the order form, the customer can follow the guided procedure. The languages available to customers for the conclusion of the contract are Italian and English. The customer can read the general terms and conditions of sale, print them or save them, using the normal features of computer systems. The customer undertakes to treat his/her login credentials as confidential and not to disclose them to third parties.
5. PRODUCT AVAILABILITY AND REFUND TIMES. Nugnes builds its commercial offer on the goods available in its stores and on the availability communicated by its suppliers/distributors. The information sheet of each product (hereinafter technical sheet) will indicate the availability of the product. The website and all the information and contents included can be changed at any time and without notice in order to ensure maximum correlation between the availability of the Nugnes stock (and/or the availability provided by suppliers) and the availability indicated on the website. In the event of unavailability of an ordered product, the customer will be notified by email within 3 working days from the order transmission. If the customer has already made payment for an unavailable product and opts to terminate the contact, Nugnes will refund the amount paid in the following twenty working days from the notice of unavailability of the item.
6. PRODUCT TECHNICAL SHEET. Each product is accompanied by a technical sheet that shows its main features on the basis of information provided by the manufacturers of the goods covered by the trademarks. Nugnes will do its best to ensure that the published images represent as closely as possible the products offered for sale. However, the colours of the products may differ from the actual colours due to the settings of the computer systems used by the users. Product images may differ in size. For the purposes of the purchase contract, the description of the product contained in the order form sent by the customer shall be considered authentic.
7. PRICES. The prices on the site, in line with market parameters (so as not to devalue the prestige of the brand), are in Euros and are inclusive of VAT. Delivery costs are borne by Nugnes, unless otherwise stated in the technical sheet. The seller reserves the right to change the price of products at all times; in any case the product price charged to the customer will be the that indicated on the site at the time the order is placed and any price changes (increase or decrease) subsequent to the order being sent will not be taken into account.
8. CONCLUSION OF THE CONTRACT. The customer can submit anorder and conclude contracts with Nugnes in Italian or English (if the request comes from foreign countries).When sending the order, the customer formulates an irrevocable contract proposal to Nugnes concerning the articles contained in the virtual shopping trolley. After the order has been sent by the customer, Nugnes will send the order-acceptance. The customer agrees to hold the order for three working days from the time of submission. With the receipt of the order-acceptance,the binding contract between the customer and Nugnes shall be deemed concluded. Conversely, after three working days from sending the order, in the absence of the order-acceptance being issued by Nugnes, the customer’s proposal shall automatically be deemed void. The order form available to the customer will indicate: the different technical steps to be followed for the conclusion of the contract; the way in which the concluded contract will be filed and how to gain access to it; the technical means available to the recipient to identify and correct errors to the entered data before submitting the order to the seller; any applicable codes of conduct and how to gain access to them via electronic means; the languages available to conclude the contract in addition to Italian; and information on dispute resolution procedures. Nugnes reserves the right to refuse orders coming from: a customer with whom the company has an ongoing dispute; a customer who has previously violated the conditions and/or the terms of the purchase contract; a customer who has been involved in fraud related to payments by credit card or similar; customers that have issued false, incomplete or inaccurate identification data.
9. PAYMENT METHODS. The payment of the products purchased on the website can be made using the payment methods indicated during the purchase process. Unless otherwise agreed, the customer will pay the full price of the products when Nugnes forwards the order-acceptance. Nugnes will ship the purchased items only after the receipt of payment of the price. During the order placement process, several payment methods will be offered. The customer agrees to receive invoices in electronic format only. The payment methods indicated in the order form are as follows.
● Credit Card.The credit cards accepted by Nugnes are specifically listed on the website. After conclusion of the contract, the customer will immediately authorise payment of the purchase amount; while Nugnes will ship the purchased product only after receiving confirmation through the banking system that the transaction has been successful. After 30 days from the issuance of the order-acceptance by Nugnes, and in absence of any communication about the success of the transaction, the contract shall be considered terminated pursuant to and for the purposes of Art. 1456 of the Italian Civil Code. In order to ascertain the identity of the customer, the latter must provide additional information together with the order, i.e. landline and mobile phone numbers and the number of a valid ID document. At no point during the purchase procedure will Nugnes be able to receive information relating to the customer's credit card, transmitted directly to the card issuer's website, via a secure connection. No database possessed by Nugnes retains such data. In case of failure to conclude the contract or in case of termination of the contract, Nugnes will request the credit card issuer to release the committed sum via the banking system; under no circumstances can Nugnes be held liable for any damages, direct or indirect, caused by the delay in releasing the amount committed by the banking system.
●Paypal.The payment using this method will be carried out according to the terms and conditions of the contract agreed between the customer and PayPal. In any case Nugnes must receive the amount of the purchase or a payment confirmation within three days after the conclusion of the contract; if that period elapses without the relevant notice, the contract may be terminated pursuant to Art. 1456 of the Italian Civil Code. In order to ascertain the identity of the customer, the latter must provide additional information together with the order, i.e. landline and mobile phone numbers and the number of a valid ID document. The shipment terms of the product will start from the receipt of the documentation, or from the date of confirmation of the transaction by the fraud risk prevention department. Nugnes is unable to receive and does not store in any way the data concerning the credit card linked to the customer's PayPal account or the data of any other payment instrument associated with such account. In all cases of termination of the contract and subsequent cancellation of the order, the amount of the purchase will be re-credited to the same PayPal account of the customer. The crediting methods on the payment device connected to your PayPal account depend solely on PayPal.
●Advance Bank Transfer.The product must be paid for by means of an advance bank transfer to the bank whose details are indicated on the website, during the checkout process and must be received no later than three days from the date of receipt of the order-acceptance email from Nugnes; therefore, the customer must send an email communication to Nugnes, within the aforementioned term, including the order number with the receipt of the bank transfer and the identification number of the financial transaction.If such period elapses without the relevant notice, the contract may be deemed terminated pursuant to and for the purposes of Art. 1456 of the Italian Civil Code. In the event of payment by advance bank transfer, the terms of delivery, that is the delivery of the product to the courier, shall be effective from the date of receipt of the bank transfer by Nugnes. To facilitate the connection between the payment received by bank transfer and the placed order, the customer is required to indicate the following information in the bank transfer: the order reference number; the date of execution of the order; and the name and surname of the customer if different from the owner of the account from which the bank transfer is being made.
10. RIGHT OF WITHDRAWAL. In accordance with the Consumer Code and Article 52 et seq. of Italian Legislative Decree No. 21 of 21/02/2014, without prejudice to the exceptions set forth in Art. 59, the consumer is entitled to withdraw from the product purchase contract without penalty and without giving any reason, within fourteen days after delivery of the product. In the event of withdrawal, the customer is not entitled to any compensation or refund of any kind, except for the right to a refund of any amounts already paid for the price of the item. To exercise this right, the Customer must send Nugnes of Giuseppe Nugnes & C. s.a.s., with registered office in Trani (BT) in Corso Vittorio Emanuele no. 197 - postal code 76125, VAT no. 03945530727 a written notice for such purpose, within 14 days from the receipt of the product. The communication can be sent, within the same period of 14 days, also by means of a telegram, registered letter with acknowledgement of receipt, or certified email. The customer must necessarily include the following information in the withdrawal notice: 1) the purchase order number; 2) invoice number; 3) customer's name or customer’s code; 4) e-mail address of the customer; 5) address of the customer; 6) code, quantity and description of the product to be returned; 7)any reason for the withdrawal; 8) any additional notes. Upon receipt of the withdrawal notice, Nugnes will promptly inform the customer with the unique code of the return of goods that the customer must use for returning the product. The product must be returned to Nugnes within 14 days from the communication of the return of goods code. To clarify the deadline of such period, the product can be considered as returned once it has been delivered to the courier. The essential intactness of the goods to be returned is an essential condition for exercising the right of withdrawal. The product must therefore be returned complete in all its parts, with no signs of wear or soiling, with its warranty sealstill intact and in its original packaging. The withdrawal, moreover, relates to the whole product and the right cannot be exercised only for parts and/or accessories of the product. Nugnes will cover the cost for the return of the product. Nugnes shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of delivery offered. The return takes place under the full responsibility of the customer until receipt of the Product has been certified by Nugnes. Once the goods have been received in accordance with the terms and procedures for exercising the right of withdrawal, Nugnes will, within 14 days from the date in which the product has been received, reimburse the sums paid by the customer. If the product proves not to be intact, Nugnes will inform the customer within 7 working days from the receipt of the product. In this case, the product will be made available to the customer, so that he/she can regain possession thereof and, at the same time, since the condition of the integrity of the product has not been met, the request for withdrawal will be rejected. The right of withdrawal cannot be applied to the supply of goods which are made-to-measure or clearly customised, or that, due to their nature, cannot be returned. In the event that the withdrawal has not been exercised in accordance with the provisions of current regulations and, in particular, in the event that the product is not intact in all its parts and/or accompanied by its accessories and/or elements which constitute an integral part thereof and/or is without the original packaging and warranty seal, if part of the product, or when the product is damaged or used by the customer, it will not be entitled to a refund. The Product will therefore remain available to the customer at the Nugnes premises for collection which must take place at the expense and responsibility of the Customer. Items must be returned to Nugnes of Giuseppe Nugnes & C. s.a.s., with registered office in Trani (BT) in Corso Vittorio Emanuele no. 197 - postal code 76125, VAT no. 03945530727.
11. WARRANTY AND MANAGEMENT OF COMPLAINTS.The purchases made by the customer are covered by law concerning guarantees. The customer may submit a complaint to the following email address email@example.com , concerning the guarantee of a product. The complaint must describe in the most detailed way possible the nature of the problem and must contain the documents and the order number, as well as any other data useful for the correct identification of the contract. Nugnes must provide a response to the customer within ten working days from the date of receipt of the claim.
12. APPLICABLE LAW AND JURISDICTION.The General Terms and Conditions of Sale are governed by Italian law and in particular by the Consumer Code and Legislative Decree No. 70 of 9 April 2003, (“Implementation of Directive 2000/31/EC on certain legal aspects of the services related to the internal market information company, with particular reference to electronic commerce”)as amended pursuant toDlgs 21.2.2014 n. 21.For all disputes relating to purchases and/or to these General Terms and Conditions of Sale, including thoseconcerning efficacy, execution, interpretation, resolution, termination, breach of clauses, terms and conditions contained therein, as well as any relationship inherent or connected to it, the competent court will be that of the place of domicile or residence of the consumer under the applicable law or, at the option of the same consumer, the Court ofTrani. In the event of contracts with professionals, or contracts concluded with customers from non-EU countries where there is no discipline in favour of the consumer, it will be the Court of the place where Nugnes has its registered office, i.e. the Court of Trani, that will have the exclusive jurisdiction to resolve any dispute arising from these general terms and conditions and/or from individual contracts, including thoseconcerning efficacy, execution, interpretation, resolution, termination, breach of clauses, terms and conditions contained therein, as well as any relationship inherent or connected thereto.
13. AMENDMENTS TO GENERAL TERMS AND CONDITIONS.The applicable general terms and conditions are those in force on the date of transmission of the purchase order; they may be changed at any time, and any changes and/or updates will be effective only from the date of their publication on the website. Therefore the customer should check such terms. By placing an order, the customer acknowledges and accepts the general terms and conditions applicable at the time of the contract conclusion. Careful reading and approval of the general terms and conditions of sale represent acknowledged agreement of every single clause. If any provision in these or future general terms and conditions of sale and/or of the contract should be or become entirely or partially ineffective, or if there should be any gap within the general conditions of sale or contract, the remaining provisions of the general conditions of sale and of the contract will remain valid and enforceable in any case. In such cases, Nugnes and the customer shall undertake to negotiate any contractual additions and to replace the null or ineffective clauses in order to safeguard the contract in any case.
Pursuant to and for the purposes set out in art. 1341 and 1342 of the Italian Civil Code, the customer declares to specifically approve the provisions in the following Sections of these general terms and conditions of sale: 5. (product availability and refund times), 6 (product technical sheet), 7 (prices), 8 (conclusion of contract), 9 (payment methods), 10 (delivery costs and conditions), 11 (right of withdrawal) 12 (complaints), 14 (applicable law and jurisdiction), 15 (modification of the general conditions).