GENERAL CONDITIONS OF SALE
1.1 These General Conditions of Sale concern the sale of products carried out online via the electronic commerce service on the website www.niki-nika.com.
1.2 Niki Nika will ship to Italy (including the Republic of San Marino and the Vatican) and abroad. The selling price - even for sales abroad - will always be indicated in EURO. The shipping price may vary in the case of shipments to foreign countries, including for shipments to the EUROZONE.
2.1 The products are sold directly by Seta Srl - by Niki Nika, with registered office in Italy, in Via dei Corazzieri, 92, 00143 / Rome / (RM), registration number in the Company Register, VAT number 15441111000. For any request for information, you can contact the Seller via email at the following address: firstname.lastname@example.org.
2.2 These General Conditions of Sale regulate the offer, forwarding and acceptance of purchase orders for products on the site and do not, however, regulate the supply of services or the sale of products by parties other than the Seller that are present on the site via links, banners or other hyperlinks. Before placing orders and purchasing products and services from parties other than the Seller, we suggest checking their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller.
2.3 The products are sold to the Customer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
2.4 The product offers on the site are aimed at adult customers. If the Customer is under 18 years of age, he must first have the consent of one of his parents or legal guardian to purchase on the site. By placing an order through this Site, the Customer guarantees that he or she is of legal age (18 years) and has the legal capacity to enter into binding contracts.
2.5 The Customer is prohibited from inserting false, and/or invented, and/or imaginary names in the online order procedure and in further communications. The Seller reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.
2.6 By accepting these Conditions of Sale, furthermore, the Customer exempts the Seller from any liability deriving from the issuing of incorrect tax documents due to errors relating to the data provided by the Customer when entering the online order, as the Customer himself is the You are solely responsible for their correct insertion.
3. SALE THROUGH ELECTRONIC COMMERCE SERVICE
3.1 By online sales contract we mean the distance contract concerning the sale of movable goods (hereinafter Products) stipulated between the Customer and Niki-Nika.com and Seta Srl, as Seller, as part of a service of electronic commerce organized by the Seller who, for this purpose, uses the remote communication technology called Internet.
3.2 To conclude the purchase contract for one or more Products, the Customer must complete the order form in electronic format (hereinafter Order) and send it to the Seller via the Internet following the relevant instructions.
3.3 The Order contains: - a reference to these General Conditions of Sale, containing the methods and times for returning the purchased Products and the conditions for exercising the right of withdrawal by the Customer; - information and/or images of each Product and its price; - the means of payment that the Customer can use; - the delivery methods of the purchased Products and the related shipping and delivery costs;
3.4 Although Niki-Nika.com and Seta Srl constantly adopt measures aimed at ensuring that the photographs shown on the site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations due to the technical characteristics and color resolution characteristics of the computer used by the Customer. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the site if due to the aforementioned technical reasons, since such representations have a merely illustrative function.
3.5 Before concluding the contract, the Customer will be asked to confirm that he has read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
3.6 The contract is concluded when the Seller receives the Order Form from the Customer via the Internet, after verifying the correctness of the data relating to the order.
3.7 The language available to conclude the contract with the Seller is that chosen by the Customer, in any case the applicable law is Italian.
3.8 Once the contract is concluded, the Seller will take charge of the Customer's Order for its fulfillment.
4. ORDER PROCESSING
4.1 By transmitting the Order via the Internet, the Customer unconditionally accepts and undertakes to observe, in relations with the Seller, these General Conditions of Sale.
4.2 Once the contract is concluded, the Seller will send the Customer, by e-mail, an Order Confirmation, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 The Seller retains the possibility, before sending the Order Confirmation, to request further information from the indicated Customer via e-mail or telephone with reference to the Order to be sent via the Internet.
4.4 The Seller may not process the Customer's purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. In these cases, the Seller will inform the Customer by email that the contract is not concluded and that the Seller has not followed up on the Customer's Order, specifying the reasons. In this case, the sum previously committed to the Customer's means of payment will be decommitted.
4.5 If the products presented on the site are no longer available or on sale after sending the Order, the Seller will be responsible for communicating to the Customer promptly and in any case within thirty (30) working days starting from the day following the one in which you have sent your order to the Seller, the possible unavailability of the Products ordered. In this case, the sum previously charged to the Customer's payment method will be refunded.
4.6 Each sale made by the Seller through the online sales service may concern one or more products, without quantity limits for each item.
4.7 The Seller reserves the right to refuse orders from a Customer with whom there is an ongoing legal dispute relating to a previous order. This applies equally to all cases in which the Seller deems the Customer unsuitable, including, by way of example, the case of previous violations of contract conditions for online purchases on the site or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind.
5. SALES PRICES
5.1 Unless otherwise indicated in writing, all prices of the Products and shipping and delivery costs indicated on the site and in the Order are to be considered VAT included and expressed in Euros. The validity of the prices indicated is always and only that indicated by the Site at the time the Order is transmitted via the Internet. The prices of the Products and shipping and delivery costs may vary without notice. The Customer must therefore ascertain the final sales price before submitting the relevant Order.
5.2 All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the site and in the Order, unless otherwise specified, are to be considered not inclusive of any costs connected to customs duties and related taxes if the shipment takes place in non-EU countries or in countries where current legislation provides for import charges.
5.3 These costs are therefore borne by the Customer and must be paid directly upon delivery of the Products, according to the instructions specified in the Order Confirmation.
6. PAYMENT METHODS
If you buy with Afterpay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV Srl, related parties and their transferees, and that you authorize such transfer. To pay the price of the Products and the related shipping and delivery costs you can follow one of the methods indicated in the site's order form which are summarized below.
6.1 Payment by credit cards and prepaid cards.
6.1.1 For online orders on the site the Seller accepts both credit card and prepaid card payments without any additional charge on the cost of the Product and shipping. It is understood that the Customer must be the holder of a valid credit card at the time of ordering the Products purchased online and that the name shown on the credit card must be the same as that indicated on the billing information. In the absence of these conditions it will not be possible to proceed with the order.
6.1.2 At the time of online purchase, together with the Order Confirmation, the amount relating to the Order will be charged to the Customer's credit card. The amount will therefore actually be charged to the Customer's credit card when the Order is sent to the Seller. 6.1.3 If, once the package containing the ordered Products has been received, for any reason the Customer intends to exercise the right of withdrawal, no later than 48 hours after the arrival of the package by requesting the form to be filled out via email, following the Once payment has been made for the Products purchased online, the Seller will credit the amount to be refunded directly to the credit card previously used for payment.
6.2 At no time during the purchase procedure is the Seller able to know the information relating to the credit card (for example, the credit card number or its expiry date), transmitted via a connection protected by an encrypted protocol directly to the site of the person who manages the electronic payment. None of the Seller's computer archives will retain such data.
6.3 Under no circumstances can the Seller be held responsible for any fraudulent or improper use of credit and prepaid cards by third parties.
7. SHIPMENTS AND DELIVERY OF PRODUCTS
7.1 Each shipment contains: - the Product(s) ordered; - the relevant transport document/accompanying invoice; - any accompanying documentation required based on the country of shipment - any information and marketing material.
7.2 The delivery of the Products purchased through the Seller's Site can take place via courier to the customer's home.
7.3 The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order. For additional information on costs, shipping times and methods and countries served, the Seller refers to the Shipping section.
7.3.1 Upon receiving the goods at his home, the Customer is required to verify the integrity of the packages upon delivery by the courier. In case of anomalies, the Customer must have them detected and noted exactly by the courier and reject the delivery. Otherwise, the possibility of asserting one's rights in this regard will be forfeited.
8. RIGHT OF WITHDRAWAL
8.1 The Customer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) working days, starting from the day of receipt of the products purchased on the site.
8.2 To exercise the right of withdrawal, the Customer must send an email to email@example.com within 48 hours (2 working days) starting from the day of receipt of the Products. specifying the Order number and the item code(s) for which you intend to exercise the right of withdrawal.
8.3 After receiving the email referred to in the previous article, the Customer will receive all the instructions for returning the Product(s).
8.4 The right of withdrawal is subject to the following conditions:
- The returned Products must be returned in their entirety and not on parts or components of them, even in the case of kits.
- The returned Products must not have been used, worn, washed or damaged.
- Returned Products must be returned in their original, undamaged packaging.
- Returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products from the same Order returned and shipped at different times.
- The returned Products must be delivered to the courier within fourteen (14) working days from the date on which you received the products.
- In the event that the Seller, following the purchase of a specific package of Products, offers the possibility of purchasing them at a lower price than the ordinary price charged by purchasing them individually (e.g. 5x4, 3x2 etc.), the right of withdrawal may be exercised even with the return of only some of the products purchased: in this case, the price will be recalculated taking as reference the price normally charged for the purchase of the single product. In all other cases (e.g. combined sales, prize operations etc. etc.) the right of withdrawal can only be exercised with the return of all the Products purchased, therefore excluding partial returns.
8.5 In case of return, shipping costs are borne by the Customer.
8.6 The Seller undertakes to also bear the initial shipping costs of the Products exclusively in the event of damage to them due to transport or errors in shipping by the Seller himself. Only in these cases, the Seller will also refund the amount that the Customer paid as shipping costs. The Seller will send an express courier to collect the Product at the address indicated by the Customer.
8.7 For the return, the Customer must use exclusively the courier indicated by the Seller in the return instructions: in this way the Customer will not have to personally pay the costs incurred for returning the purchased products because this payment will be made, on its behalf, directly by the Seller. Subsequently, the Seller, with the exception of the provisions of the previous point 8.6 and for cases of return due to product defect, will withhold from the refund due to the Customer a lump sum equal to the cost previously incurred for shipping and delivery to the Customer's home of the products purchased or the shipping costs normally expected for the delivery country. Furthermore, from the moment the purchased products are returned to the courier indicated by the Seller in the online return form, the Seller exempts the Customer from any responsibility in the event of loss or damage to the products during transport.
8.8 In the event of exercising the right of withdrawal without respecting the methods indicated above (for example, beyond the 14 days required by law or without having followed the return instructions), the Seller will resend the purchased Products to the Customer by charging him including additional shipping costs.
8.9 The right of withdrawal cannot be applied in the case of customized products upon explicit request of the Customer at the time of placing the Order.
- Free shipping in Italy for orders equal to or greater than €50*; below this threshold, the amount to be paid for Standard shipping is €9.90.
- Except promotion periods where the free shipping threshold may vary.
- The delivery times indicated by Niki-Nika.com and Seta Srl must be considered purely indicative, and a delay with respect to them, or any delivery carried out with subsequent split shipments, does not entitle the Customer to refuse the delivery itself and to request of compensation or compensation.
Note: The policies described above are valid from the moment the change is approved and must apply to all orders placed after that date.
8.10 During the period of sales or promotions, the Seller reserves the right not to accept refund requests for items purchased at discounted prices. During this period no refunds will be accepted unless the products are damaged or faulty.
9. WARRANTY OF NON-CONFORMING PRODUCTS
9.1 The Seller is responsible for any defect in the products offered on the site, including non-compliance of the items with the products ordered, in accordance with the provisions of Italian legislation.
9.2 If the Customer has entered into the contract as a Consumer (this definition meaning any natural person who acts on the site for purposes unrelated to any entrepreneurial or professional activity carried out), this guarantee is valid provided that both conditions are respected indicated below: a) the defect occurs within 24 months from the date of delivery of the products; b) the Customer presents a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; c) the return procedure is correctly followed.
9.3 In particular, in the event of non-conformity, the Customer who has stipulated the contract as a Consumer will have the right, at the Seller's choice, to obtain the restoration of conformity of the products without charge, through repair or replacement, or to obtain a appropriate price reduction or the termination of the contract relating to the disputed goods and the consequent refund of the price.
9.4 All return costs for faulty products will be borne by the Seller.
For any information request you can contact us at the following email address: firstname.lastname@example.org
11. COMMUNICATIONS TO THE CUSTOMER
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certificates, information, reports and in any case any documentation on the operations carried out, relating to the purchase of the Products, will be sent to the email address indicated on at the time of registration, with the possibility of downloading the information on a durable medium in the ways and within the limits provided by the Site.
13. APPLICABLE LAW, DISPUTE RESOLUTION AND JURISDICTION
13.1 These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it, without prejudice to any different mandatory rules prevailing in the country of habitual residence of the Customer. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent thereto must be resolved exclusively by the Italian jurisdictional authority. In particular, if the Customer qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law or, at the choice of the consumer in the case of action taken by the consumer himself, by the Court of Latin. If the Customer instead acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Latina.
14. MODIFICATION AND UPDATE
The Seller may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Customer will be asked to accept exclusively the General Conditions of Sale in force at the time of the relevant purchase. The new General Conditions of Sale will be effective from the date of publication on the Site and in relation to purchase orders submitted after that date.