General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

(Hereinafter "Conditions")

September 2021 version 

CONTENTS

  1. Company information
  2. Recipients
  3. Contract documents. Applicable law
  4. Personal data
  5. Procedure for purchasing Products
  6. Prices and payment
  7. Delivery times and availability of Products
  8. Risk for loss and damage on delivery
  9. Recommendations on delivery
  10. Right of withdrawal. Methods and effects
  11. Consumer liability for loss of value of the Product
  12. Warranty, duration, manner of exercise and remedies
  13. Time limits for reporting
  14. Disclaimer of warranty for all Customers
  15. Limitations of the warranty for Professionals
  16. ODR platform. Complaint submission
  17. Court for Professionals
  18. Invitation
  19. Revisions and effectiveness

1. COMPANY INFORMATION.

NGEN S.r.l. Società Benefit (hereinafter "NGEN"), Tax Code and VAT Number 11833640961, with registered office in Milan, Viale Luigi Majno 28 (20129 - MI), carries out development, production and sales activities operating in the world of fashion integrated with high-tech solutions (hereinafter "Product/s"); the garments are marketed under the brand name "NP Nicholas Poggioli".

Technological innovation, constant research and development, eco-sustainability and social responsibility are the main values underpinning the production processes and distinguishing the variety of Products, which can be purchased from the online e-commerce catalogue (hereinafter "Online Store") on the website www.nicholas-poggioli.com (hereinafter "Site").

2. RECIPIENTS.

  1. NGEN is aimed exclusively at final consumers – resident in the European Union – who are acting for purposes unrelated to their professional activity and wish to enrich their wardrobe thanks to the uniqueness of the Products (B2C sales channel, hereinafter "Consumer/s"). In limited circumstances, professionals are also allowed to purchase the Products, provided that they do not purchase for resale (hereinafter "Professionals").

  2. In order to be able to make purchases through the Site, the Consumer must be of legal age (18 years old) and have the capacity to act, which the Consumer declares to possess; NGEN will not be held responsible for false declarations that the User provides when registering, ordering, purchasing and paying. If NGEN becomes aware of the fact that the User is not of age (i.e. that they have voluntarily declared falsehoods about their age during the registration process), it will immediately cancel any registration or subscription of the User and interrupt the provision of the Services.

3. CONTRACT DOCUMENTS. APPLICABLE LAW.

  1. The purchase contracts (hereinafter "Contract/s") concluded between Consumers or Professionals (jointly referred to as "Customer/s") and NGEN through the Online Store are governed by:
    (i) these Conditions, published and available on the Site;
    (ii) the order placed through the Online Store (hereinafter "Order"), confirmed by NGEN (hereinafter "Order Confirmation").

  2. The Conditions and the Contract shall be governed by Italian law, in particular the Italian Consumer Code (Italian Legislative Decree No. 206 of 06/09/2005 and subsequent amendments and additions), with the express exclusion of the 1980 Vienna Convention, without prejudice to the application in favour of Consumers of any more favourable national law.

4. PERSONAL DATA.

NGEN processes Customers' personal data as indicated in the Privacy Policy and in the Cookie Policy available on the Site.

5. PROCEDURE FOR PURCHASING PRODUCTS.

  1. The Customer places the Order on the Online Store:
    (i) by registering or, alternatively, acting as a guest;
    (ii) by choosing the Products from those available and adding them to the virtual basket;
    (iii) by entering the delivery and billing data (if an invoice is requested);
    (iv) by paying the Product price, choosing from the available methods. The Customer will subsequently receive an Order Confirmation email containing a summary of the purchases made.

  2. The Products are sold with the characteristics described on the Site and in accordance with the Conditions published on the Site when the Consumer sends the Order, excluding all other terms and conditions.

  3. Cancellation and/or modification of the Order are not provided for: the Customer will have to wait to receive the items and then proceed with the return.

  4. There is no specific procedure for exchanging goods. In the event that Customers, for whatever reason, wish to change the product received (by way of example, but not limited to, wishing to purchase the same product in a different size) or to exercise the right of free withdrawal, they must make a return.

6. PRICES AND PAYMENT.

  1. The prices indicated on the Site, reported by NGEN in the Order Confirmation (hereinafter "Price/s"), are applied to each Order. Prices are always inclusive of indirect taxes (if applicable), as well as costs and charges for packaging, shipping, delivery and customs duties, provided that the delivery takes place in the European Union.

  2. Prices, Products placed for sale on the Site and/or their characteristics may be changed without notice. These changes only apply to orders not yet confirmed on the date of the change itself.

  3. Final payment for the Products can be made using the payment methods on the Site, differentiated according to the order's geographical area of origin;

  4. The transmitted data will be communicated in protected mode through encrypted data transfer with 128-bit SSL (Secure Socket Layer) system. Such data is not accessible even to the Seller;

  5. Payment can be made by Visa, Mastercard and American Express credit card; there is also the possibility of using the following e-Wallets: Apple Pay, Google Pay and Sofort Banking;

  6. NGEN uses the Stripe platform to manage payments by credit card and e-wallet. 

7. DELIVERY TIMES AND AVAILABILITY OF PRODUCTS.

  1. Unless otherwise stated in the Order Confirmation and subject to the condition precedent of payment for the Products, the items shall be delivered within 1-2 business days from payment in Italy and within 3-5 business days from payment for all other destinations. In any case, the delivery times indicated on the Site are to be considered purely indicative since they may be delayed in the case of holidays and/or events of force majeure or unforeseeable circumstances not dependent on NGEN.

  2. In the event that part of the Products purchased by the Customer is not available at the time of shipment (due to inconsistency between the computer system and the actual stock in the warehouse), NGEN will promptly notify the Customer, who will have the right to request a refund for the unavailable items or wait for the warehouse to be replenished.

8. RISK FOR LOSS AND DAMAGE ON DELIVERY.

The risk of loss or damage to the Products during delivery transport is:
(i) always borne by Professionals pursuant to Article 1510, paragraph II, of the Italian Civil Code;
(ii) borne by NGEN if it organised the transport destined for Consumers, pursuant to Article 63, paragraph I, of the Italian Consumer Code.

9. DELIVERY RECOMMENDATIONS.

NGEN recommends that Customers always accept delivery "subject to verification" and promptly formalise any specific disputes regarding the number of packages and/or the state of the packaging, informing NGEN with photographic documentation through the appropriate form.

10. RIGHT OF WITHDRAWAL. METHODS AND EFFECTS.

  1. The Consumer who purchased on the Online Store can exercise the right of withdrawal (hereinafter "Withdrawal") on the purchase of the products within 14 (fourteen) days of delivery by following the instructions provided in the FAQs available on the Site.

  2. Consumers who exercise the withdrawal within the aforementioned term:
    (i) return the Products within 14 (fourteen) days from the notification of the Withdrawal, following NGEN's instructions;
    (ii) return the Products in the same condition in which they received them, i.e. in perfect condition, complete with all their parts, unused, with the original packaging, labels and tags still attached to the Product.

  3. Exceptionally, the costs of returning the goods are also borne by NGEN as long as the Customer respects its instructions and the aforementioned obligations.

  4. Having verified compliance with all the above conditions and obligations, NGEN will refund the amount paid for the purchase of the Products subject to Withdrawal within 14 (fourteen) business days of receipt of the returned Products, using the same purchase payment method chosen by the Consumer.

11. CONSUMER LIABILITY FOR LOSS OF VALUE OF THE PRODUCT.

  1. The Consumer shall be liable for any decrease in the value of the goods caused by any handling other than that necessary to establish their nature, characteristics and functioning. Therefore, in the event that the returned goods are damaged (by way of example, but not limited to, signs of wear, abrasions, nicks, scratches and deformations), not complete with all their elements and accessories (including the labels and tags unaltered and attached to the Product), not accompanied by the enclosed instructions/notes/manuals, the original packaging and the warranty certificate, if any, the Consumer shall be liable for the diminished value of the goods and shall be entitled to reimbursement of the Product's residual value. To this end, therefore, the Consumer is requested not to handle the goods beyond what is strictly necessary to establish their nature, characteristics and operation and to cover the original wrapping of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels.

  2. As a consequence of the above, NGEN returns to the Consumer the Price minus the amount of the depreciation.

12. WARRANTY, DURATION, MANNER OF EXERCISE AND REMEDIES.

  1. In addition to guaranteeing the quality of the Products, NGEN ensures their compliance with the health, technical and safety regulations and standards applicable under Italian law and the law of the European Union.

  2. NGEN also warrants to the Consumer that the Products are free from defects and/or faults and/or nonconformities:
    (i) with regard to Consumers, for 24 (twenty-four) months from delivery, as required by Article 128 et seq. of the Italian Consumer Code;
    (ii) with regard to Professionals, for 12 (twelve) months from delivery, except as provided below.

  3. These terms apply provided that this is possible and compatible with the nature of the Products, without prejudice to the provisions of Article 13 of the Conditions.

  4. Customers who intend to return due to defects/faults in the Products must promptly notify NGEN by filling in the appropriate form on the Site.

  5. Once the existence of the reported defects/faults has been assessed, NGEN will send the Customer instructions for the return and replacement of the Product free of charge, without prejudice to any other remedy available under Article 130 of the Italian Consumer Code. 

13. TIME LIMITS FOR REPORTING.

The deadline for reporting defects and/or faults and/or non-conformities of the Products is:
(i) for Consumers, 2 (two) months from discovery, pursuant to Article 132 of the Italian Consumer Code;
(ii) for Professionals, 8 (eight) days from discovery, in the case of hidden defects, or from delivery, in the case of apparent defects, pursuant to Article 1490 et seq. of the Italian Civil Code.

14. DISCLAIMER OF WARRANTY FOR ALL CUSTOMERS.

Any warranty in relation to defects and/or faults and/or non-conformities that may occur in connection with and due to improper use, non-compliance with the indications and instructions relating to the Product (including those provided by NGEN in the pre- and post-sales phases) or inadequate or otherwise negligent, imprudent and careless storage, taking into account the nature and characteristics of the Products, is expressly excluded. In particular, the Customer acknowledges and accepts that the Products are susceptible to alterations that do not depend on NGEN's activity, such as, by way of example, but not limited to, washing carried out by the Customer.

15. LIMITATIONS OF THE WARRANTY FOR PROFESSIONALS.

Moreover, the warranty for Professionals is not applicable or may not operate, wholly or partially, if they have not complied, through their own fault and negligence, with the delivery recommendations referred to in Article 9 of the Conditions.

16. ODR PLATFORM. COMPLIANT SUBMISSION.

In the event of any disputes, the Consumer can act out of court using the ODR platform established by (EU) Regulation No. 524/2013 and submit a complaint by filling in the electronic form available in the official languages of the European Union. In any case, the Consumer's place of residence or domicile is competent for any dispute between the Consumer and NGEN.

17. COURT OF PROFESSIONALS.

The Court of Milan is competent for all disputes arising from the Contracts between Professionals and NGEN.

18. INVITATION.

NGEN undertakes to resolve any dispute amicably and invites Customers to report any poor service they consider they have suffered, or any other dissatisfaction, by sending an email to the following address: customercare@nicholas-poggioli.com.

19. REVISIONS AND EFFECTIVENESS.

NGEN has the right to modify the General Terms and Conditions of Sale at any time, distinguishing each version with the relative time reference. The version of the Conditions available on the Site applies to Customers and Users.

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