(a) The offer and sale of products on the website www.nvkdesign.it are ruled by these General Conditions of Sale.
(b) The products purchased on the website www.nvkdaydoll.it are sold by: NVK Design di Natasha Calandrino, registered with the Milan's Register of Companies, REA [Companies' Register and Economic Administrative Repertory] N. 19297511, Tax Code CNNNSH66A71Z114C and Vat Code 13312270153, having registered offices in Italy, Milan, via Cola Montano 6.
(c) The purchase process is ruled, among others, by the D.Lgs n. 206 dated September 6th 2005 whereby:
ACCEPTANCE OF GENERAL CONDITIONS OF SALE
1.1 All agreements of purchase will be made through access to the website www.nvkdaydoll.it, where the client can complete his purchase of desired objects or products by closely following the instructions and procedures provided.
1.2 These General Conditions of Sale are an integral part of the sales agreement, and are therefore to be carefully examined on-line by the client, before completion of the purchase process. The forwarding of the order confirmation shall therefore imply their total and careful knowledge and their integral acceptance.
1.3 The General Conditions of Sale may be updated and modified at any time by NVK Design di Natasha Calandrino who shall give notice of the circumstance on the pages of the www.nvkdaydoll.it website.
1.4 The client, upon confirming the purchase order on-line, unconditionally accepts the General Conditions of Sale and to comply with them in its relationship with NVK Design di Natasha Calandrino, including the below stated conditions of payment, declaring to have read and accepted all instructions given.
1.5 NVK Design di Natasha Calandrino does not consider itself bound by any variations of the General Conditions of Sale if not previously agreed upon and accepted in writing.
PRICES AND METHOD OF PURCHASE
2.1 All sale prices published and indicated on the website www.nvkdaydoll.it, to be considered public prices according to art. 1336 of civil code, are inclusive of VAT and any other tax for sale within the boundaries of Italy. Shipment costs are excluded.
Clients that are not final consumers
The company reserves the right, at its undisputable discretion, to accept (considering the different VAT regulations) orders from clients that indentifies as EU economic operators (infra-communitarian assignments) and/or extra-EU economic operators or final consumers (export operations subject to customs bill of entry)
2.2 NVK Design di Natasha Calandrino shall issue for all delivered goods an invoice with the personal details supplied by the Client on the website. The invoice will be inserted in the package with the ordered goods in an envelope attached to the packaging. NVK Design di Natasha Calandrino will prepare the goods in the order and will hand them over to the carrier with the original packaging of the manufacturer or with cartons closed with NVK DESIGN tape or with sealed plastic envelopes, or with other packaging with the logo of the courier.
2.3 The contract will be realized through the acceptance of the order by NVK Design di Natasha Calandrino.
2.4 The customer shall pay for goods ordered according to the terms of payment shown on line at the moment of purchase. Goods will be shipped upon receipt of the payment.
2.5 NVK Design di Natasha Calandrino reserves the right, of not accepting an order.
DELIVERY OF GOODS
3.1 NVK Design di Natasha Calandrino will transfer to the carrier the selected and ordered products for shipment to the customer to the address indicated on the web page.
3.2 The goods purchased will be delivered as soon as possible, and within 30 days of the following day in which the client has transferred the order to NVK Design di Natasha Calandrino. NVK Design di Natasha Calandrino will not be held responsible for late or failed transport due to events beyond its control.
3.4 The Client must make himself reachable at the moment of delivery and must verify the contents of the delivered order. After this control, and unless he exercises his right of withdrawal as per point n. 8, the client shall sign the delivery documents.
3.5 At the moment of delivery by the carrier, the client must control the number of packages delivered vs. the delivery slip, that the packaging material should be whole and undamaged, not wet nor altered and that the packages contain what has been ordered.
3.6 By signing the delivery documents supplied by the carrier the client implicitly waives any future right of claim concerning the quality and/or quantity of the delivered goods.
4.1 . NVK Design di Nathasha Calandrino declines any liability due to events beyond its control, such as accidents, explosions, fires, strikes, earthquakes, floods and other similar events that totally or partially hinder the execution of the contract according to the terms agreed.
4.2 NVK Design di Nathasha Calandrino declines any liability vis-à-vis the clients or third parties due to damages, loss and expenses incurred due to a breach of contract caused by the events mentioned above: the client shall only be entitled to a refund of the payment of the purchased goods.
4.3 NVK Design di Nathasha Calandrino declines any liability for any fraudulent or illegal use by third parties, credit cards and other methods of payment at the moment of payment of purchased goods. NVK Design di Nathasha Calandrino does not have access to the client’s credit card number at no point whatsoever during the purchase procedure, since a protected connection is established directly by the website of the bank handling the transaction.
WARRANTY AND ASSISTANCE METHODS
5.1 NVK Design di Natasha Calandrino sells high quality products.
5.2 The warranty shall apply if the product has defects that are not verifiable upon purchase so far as the product has been used correctly and diligently, that is to say perfectly complying with the type of use specified by the instructions.
The customer should be aware that the products have the indication for washing machine in cold water at 0° in order to maintain the colouring.
5.3 In any case, the product to be repaired or substituted must be returned whole in the original packaging and complete in all its parts (including packing material, accessories and information leaflets).
5.4 The warranty is not valid when the products to be returned:
- are not used complying to the specified instructions;
- have been altered;
- are not complete;
- a copy of the relevant invoice is missing.
5.5 In order to maintain a valid warranty, the sales invoice must be kept. As a general rule, the guarantee service will be direclty supplied by NVK Design di Natasha Calandrino. To this purpose, and to allow a proper accomplishment of duties, the client should contact NVK Design di Natasha Calandrino at email@example.com and ask for return of the product.
6.1 The client must, once the on line purchase is completed, print and keep the present General Conditions of Sale, that he has read and accepted as a necessary part of the purchase process, as well as the specs of the product ordered, in order to fulfil the requirements of art. 52 and 53 of D.Lgs. 205/06.
6.2. The law forbids the use of any false and/or invented names, and/or imaginary names in the on-line order and in all further communications. The registration procedure is necessary in order to activate the purchase order and other communications. Personal data and e-mail should be proper and not imaginary or of third parties.
6.3 The law forbids the use of any third party personal data. NVK Design di Natasha Calandrino, reserves the rights to sue for any violation or abuse in the interest and for the safeguarding of all customers.
6.4 The client exempts NVK Design di Natasha Calandrino from any responsibility of wrongly issued fiscal documents due to inexact or incomplete data supplied by the client, given that the latter is the sole responsible for the correctness of data supplied.
RIGHT OF WITHDRAWAL AND COMPLAINTS
7.1 In accordance with art. 64 of D.Lgs 205/06 the customer/consumer has the right to withdraw from a purchase contract and return the product received, by abiding to the terms and conditions listed below.
7.2 The customer has the right to withdraw from a purchase contract, if not satisfied with the purchase, without incurring any penalty and without the need for explanation, within 10(ten) working days from the date of receipt of the goods, by sending written notice (a) by registered mail with notification of receipt to the following address: Natasha Calandrino, via Cola Montano 6, Milan or (b) by telegram (to the address above) or (c) by email at the following email address firstname.lastname@example.org as long as, in such last case, the email is confirmed by registered letter with notification of receipt, sent within 48 hours from the email message.
7.3 If the customer has exercised his right of withdrawal according to art. 7.2, he must return the goods within the 15th working day following receipt of the product, through direct delivery or shipment to NVK Design di Natasha Calandrino at the head office in Milan, Via Cola Montano 6. In accordance with the law all costs of return must be paid by the customer. All returned items should be returned whole in their original packaging, complete with all instructions that compose the packaging.
7.4 If all above conditions and obligations as per points 7.2 and 7.3 are met, NVK Design di Natasha Calandrino, will refund the customer of the sales value, net of shipping costs and of any expense borne by NVK Design di Natasha Calandrino, within 30 days from the date in which it was informed of the Customer’s intention to withdraw from the contract.
METHOD OF PAYMENT
8.1 For all transactions of NVK Design di Natasha Calandrino payment can be made through three different systems:
a) Credit Card via the gateway payment manager Banca Sella. Terms and conditions can be found at the following link: http://www.sella.it/index.jsp
b) Cash on delivery. Terms and conditions can be found at the following link: http://posteitaliane.it/
c) Pay Pal Service. Terms and conditions can be found at the following link: http://www.paypal.com/it
d) Bank Transfer at the following bank details: UNICREDIT BANCA . AG. FARINI Iban: IT 14D0200801619000101011033 of NVK DESIGN di NATASHA CALANDRINO
8.2 If the client exercises his right of withdrawal from the contract as per point 8 of these General Conditions of Sale, NVK Design di Natasha Calandrino will give instructions to Banca Sella, Poste Italiane, Pay Pal to credit the amount to the same credit card or Pay Pal account or bank account details in accordance with the law.
9.1 The obligations of the client according to art. 6 (Client's obligations), as well as the guarantee of payment according to art. 2, are essential, so that the parties expressly agree that the breach by the client of any of the mentioned obligations will determine the automatic resolution of the contract according to art. 1456 of the Italian Civil Code, without the need to obtain an in-court sentence, save for the right of NVK Design di Natasha Calandrino to sue the client for damages.
10.1 According to art. 13 D.Lgs n. 196 dated 30.6.2003 (Privacy Law) the client is informed of all that follows.
10.2 Personal data of the client shall be used to fulfil i) fiscal, accountancy and legal obligations and any other need of contracts and clients management (supply of product and accessories, customer assistance, substitution, repairs, orders, shipping, invoicing, payment tracking, disputes) and ii) promotional and publicity purposes (mail order sale, advertising and marketing, market surveys, promotional activities, customer satisfaction checks, competitions, events, games and similar, statistical analysis). The data will be handled through a making of a central database, with paper and electronic support accessed by authorized personnel exclusively. Essential personal data that are given in order to fulfil legal and contractual requirements, otherwise, it is impossible to undertake any contractual obligations. Giving additional personal data is optional, and is useful to give a better service to the client, any denial of giving additional information will not hinder the client.
10.3 The clients’ personal data may be of use for communication with parent companies linked with NVK Design di Natasha Calandrino for the same abovementioned purposes or to external parties that provide services in i) software, hardware, data transmission management, ii) activities related to data storage or processing; iii) printing, sending, packing or transport of communication with clients; iv) financing activities, debt collection and financial risk assessment.
10.4 The client can exercise all the rights under art. 7 of the Privacy law. The administrator of the personal information is NVK Design di Natasha Calandrino, with registered office in Milan, via Cola Montano 6. The person responsible is Arch. Natasha Calandrino.
10.5 The client, by confirming the order on line, takes note of the abovementioned information and accepts the use of personal information.
11.1 The contents, artistic work and images that appear on the website are the property of NVK Design di Natasha Calandrino, with head office in Milan, via Cola Montano 6. The copy or reproduction for any commercial purposes of any item of the website without the previous authorization of NVK Design di Natasha Calandrino is not allowed. Trademarks shown or mentioned on the site are of the legitimate owners.
12.1 Any dispute concerning the application, execution and interpretation of the contracts of sale of online products through the website www.nvkdaydoll.it is subject to Italian jurisdiction; these General Conditions of Sale are ruled, for all that is not specifically agreed therein, by the Civil Code and D.Lgs. 205/06.
12.2 Any dispute arising between the parties in connection with the interpretation, validity or performance of these General Conditions of Sale shall be referred to the Court of the district where the customer resides. For all other clients it is agreed that any dispute shall be of exclusive competence of the Court of Milan.