General sales Terms and Conditions
Date of publication on the site and in force from 2/11/2020
1.1.The present general conditions of sales apply to the purchase of products with the trade mark “NICKI COLOMBO” (hereafter “Products”) through the e-commerce site www.nickicolombo.com (hereafter “Site”) by a user considered a “Consumer” according to the following article
1.2. The Site is owned by Eredi Colombo Srl., with legal offices in Badoere di Morgano, (TV), Piazza Indipendenza, 9, fiscal code and VAT number IT04987470269 (hereafter “Seller”). 1.2. Any communication by the “Consumer” connected and/or correlated to the purchase of the Products – thus including possible recommendations, complaints and requests concerning the purchase and/or the delivery of the Products and the right to withdraw, etc. – should be sent to the Seller in the way indicated on the Site to the e-mail address: firstname.lastname@example.org
1.3. Every purchase is regulated by the general sales conditions in the version published on the Site at the time of transmission of the order by the Consumer.
1.4 In case one or more sales are made to a person not considered a Consumer, the present general sales conditions will be applied but, notwithstanding the provisions of the same, a) the buyer’s right to withdraw as indicated in article10 will not be recognised; b) the buyer will not be able to benefit from the guarantee on the Products indicated in article 8; c) the buyer will not have the right to other possible protection, here provided in favour of the Consumer, which reflect or conform to the mandatory provisions of law; d) the sales contract concluded between the Seller and buyer will be regulated by Italian law (art 1470 and following amendments) with exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.5 At the same time as the transmission of the purchase order, the Consumer accepts that confirmation of the information relative to the order made and the present general sales conditions will be sent by e-mail to the address declared during registration to the Site, that is during the purchasing process.
1.6. In order to carry out purchases through the Site, the Consumer must be of age (18 years old) and capable of acting, which the Consumer, by making an order, declares him or herself to be.
2. Characteristics of the Products and their availability in different geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the general sales conditions published on the Site at the time of sending the order by the Consumer, with the exclusion of any other conditions or terms.
2.2 The Seller reserves the right to modify the present general sales conditions at any time, at his own discretion, without the necessity of giving any notice in advance to the Site users. Any possible modifications made will be in force from the date of publication on the site and will be applied only to sales concluded from that date.
2.3. The prices, the Products for sale on the Site and /or the characteristics of the same, are subject to variation without notice. Before sending a purchasing order as described in point 3 below, the Consumer is invited to verify the final sales price.
2.4. The Products available on the Site can be delivered exclusively to one of the following countries: Canada, The United States of America, Europe (EU + non-EU), Russia, United Arab Emirates, China, Hong Kong, India, Japan, South Korea, Australia, New Zealand.
3. How to purchase the Products –completing each single purchasing contract
3.1. The presentation of the Products on the Site, not binding for the Seller, represents a mere invitation to the Consumer to formulate a purchasing contract and is not an offer to the general public.
3.2.The purchasing order transmitted by the Consumer to the Seller through the Site has the value of an offer for a contract and is regulated by the present general sales conditions, which form an integral part of the order itself and which the Consumer, through the transmission of the order to the Seller, is held to accept with no reservations whatsoever. Before proceeding with the purchase of the Products, through the sending of a purchasing order, the Consumer will have the opportunity to read the present general sales conditions carefully and the information concerning the right to withdraw, record and print or produce a copy for his or her personal use. Moreover, the Consumer will be asked to check and correct any possible errors of insertion of his or her own data.
3.3 The Consumer’s purchasing order is accepted by the Seller by an email sent to the Consumer to confirm the order itself, at the email address declared to the Seller at the time of registration on the Site, or with the transmission of the order if the Consumer is not registered on the Site, which will contain a link to the text of the present general sales conditions, a summary of the order made and a description of the Product ordered. The Consumer’s order, the confirmation of the order by the Seller and the general sales conditions applicable to the relationship between the Parties will be electronically stored by the Seller in his own information systems and the Consumer will be able to request a copy by sending a communication by e-mail to the Seller to the address email@example.com
3.4 Each purchasing contract is considered concluded when the Consumer receives the confirmation of the order from the seller by electronic mail.
4. Procedure for selecting and purchasing the Products
4.1. The Products presented on the Site can be purchased by the selection of the Products the Consumer is interested in and putting them into a virtual shopping basket. Once the selection of the Products has been made, to carry out the purchase of the items in the shopping basket, the Consumer will be invited to i) register on the Site, supplying the data requested, (ii) to login, if the Consumer is already registered or if not (iii) to supply his or her data to complete the order and allow the contract to be completed. Should the data indicated in the order be different from those given in the registration phase, the Consumer will be requested to confirm his or her own data (for example giving name, surname, and other information) as well as the address to which the selected Products are to be sent, the address for invoicing and, optionally, a telephone number where the Consumer can be contacted for possible communications relative to the purchase made. The Consumer will visualize a summary of the order to be carried out, the contents of which he or she can modify. The Consumer, after reading the present general sales conditions carefully, must expressly agree to them by ticking the check box present on the Site and then after clicking on “insert order”, the Consumer will be asked to confirm the order, which will thus be definitively sent to the Seller and will produce the effects described in the previous paragraph 3.2 of this contract. The Consumer will also be asked to choose the method of delivery and payment, from those available. If he or she decides to pay immediately (at the time of the purchase) by credit card, he or she will be asked to communicate the relevant data through a protected connection. For administrative and accounting reasons, the Seller reserves the right to verify the information given by the Consumer. If the payment is made by credit card, the amount of the purchase will be debited exclusively at the time of the transmission of the confirmation of the order from the Seller to the Consumer.
4.2 If during the procedure of selection of the Products from the Site described in the previous point 4.1, the Consumer finds that the price of one or more of the Products that he or she intends to select for the next purchase is clearly inferior to that normally applied, without the discounts and /or promotions being offered at the time, owing to an evident error of insertion or technical problem with the Site, the consumer is asked not to complete the purchase order and to signal any such error to the Seller’s Customer Service, sending an e-mail to the electronic mail address firstname.lastname@example.org
4.3. In case the Customer has already completed the purchase order on line and it includes a Product the price of which is clearly inferior to that normally applied, without discounts and /or promotions being offered at the time, owing to an evident error of insertion or technical problem with the Site and (a) the Consumer has not yet received the Product, the Seller will see to (i) cancelling the order, the delivery of which will not be made, sending at the same time a communication concerning this by e-mail to the address indicated by the Consumer during the transmission phase of the order and (ii) reimbursing the Consumer with the amount paid in relation to the cancelled order, including the cost of delivery, without undue delay and, in any case not more than 14 days from the cancellation of the order, using the same means of payment used by the Consumer for the initial transmission. If (b) the Consumer has received the Product, the Seller will inform the Consumer immediately by e-mail of the error which occurred in the process of completing the order, inviting the Consumer either (i) to pay the Seller the amount corresponding to the difference between the correct price of the product and the mistaken price given in the purchase order, within and not after the succeeding 5 (five) days, by means of one of the methods of payment available on the Site, or (ii) cancel the order, following the instructions given in the Seller’s communication to send back the Product to the Seller , at the Seller’s expense, within and not later than the succeeding 14 (fourteen) days , sending it to Eredi Colombo Srl, Piazza Indipendenza, 9 - 31050 Badorere di Morgano – Treviso – Italy. The returned Product must be free of damage and complete with all elements and accessories (thus including labels and cards attached to the Product, unaltered), along with any instructions/notes/manuals attached, the original wrapping and packing and the certificate of guarantee, accompanied by the return form, suitably filled in, to be found in the e-mail transmitted by the Seller. In case the Consumer chooses option (b) (ii), the Seller will see to reimbursing the Customer for the payments made in relation to the cancelled order, including the costs of delivery, without undue delay, and in any case not more than 14 days from the cancellation of the order, using the same method of payment used by the Consumer for the initial transaction.
5. Delivery of the goods and acceptance
5.1 The Site indicates the availability of the Products and their delivery time, although this information should be considered purely indicative and not binding for the Seller.
5.2 The Seller will do everything in his power to respect the delivery times indicated on the Site and, in any case, carry out the delivery in a maximum time of 30 (thirty) days from the day after the Consumer transmitted the order. In the case that the Seller does not execute the order, due to lack of availability, even temporary, of the Product, the Seller will send a written communication to the Consumer and provide for a reimbursement of any amount already paid by the Consumer for the Product as in paragraph 5.3 below.
5.3 The delivery of the Products ordered by the Consumer will be made using the method selected by the Consumer from those available and indicated on the Site at the time of sending the order. The Consumer should check as soon as possible that the delivery includes all and only the products purchased and immediately inform the Seller of any possible defects of the Products received or any deformity or divergence from the order, according to the procedure in article 8 of the present general sales conditions, otherwise in the absence of such information, the products will be considered accepted. If the wrapping or packaging of the products ordered by the Consumer should be clearly damaged on reaching its destination, the Consumer is advised to refuse the delivery from the carrier or transporter, or else accept the delivery “with reserve”.
6. Prices, delivery costs and taxes.
6.1 The price of the products is that indicated on the Site at the time of sending the order by the Consumer. The prices include the costs of standard packing, VAT (where applicable) and any other indirect taxes (where applicable), while they do not include delivery charges which are calculated before the confirmation of the order transmitted by the Seller to the Consumer and which must be paid by the Consumer in addition to the price indicated on the Site.
6.2 The Consumer must pay the Seller the total price, as given in the order and in the confirmation of the order sent by email from the Seller to the Consumer.
6.3 If the Product is delivered to a country which is not a member of the European Union, the total price indicated in the order and restated in the confirmation of the order, including indirect taxes (where applicable), does not include possible excise duty or any other taxes on sales, which, if owing, should be paid immediately by the Consumer in addition to the price indicated in the order and order confirmation, according to how much is foreseen by the law of the country to which the Product is to be sent. The Consumer is advised to get information from the competent bodies in his or her country of residence or in the country of the destination of the product, in order to know which excise duties or taxes may be applied.
6.4 Any further costs, taxes and/or duties which may apply in that country on any Products ordered on the basis of the present general sales conditions, are charged exclusively to the Consumer. 6.5 The Consumer also declares that he or she is aware that lack of knowledge at the time of sending the order to the Seller concerning costs, excise duties, levies and/or taxes mentioned in the previous paragraphs 6.3 and 6.4 cannot constitute a cause for annulling the present contract and he or she cannot in any way hold the Seller responsible for these obligations.
7.1 The payment of the price of the Product purchased through the Site must be made within 10 (ten) days of the date of transmission of the confirmation of the order by the Seller to the Consumer. The Consumer accepts expressly that the execution of the contract by the Seller will begin at the time of the transfer of the price of the Products/purchases to the current account of the Seller himself.
7.2 The payment may be made by credit card or banker’s order, under the conditions below. The Seller can also allow other methods of payment, indicating them in the payment section of the Site.
7.3 If the payment is made by credit card, the Consumer will be transferred to a protected site and the data of the credit card will communicated directly to Nexi Payments S.p.A., a registered company in Milan, Monza Brianza and Lodi, Fiscal Code 04107060966, Member of the Group Nexi, VAT number 10542790968, and the operator who takes care of payments on behalf of the Seller. The data transmitted will be sent in protected mode, by means of a cryptographic transfer of the data with the SSL (Secure SocketLayer) 128 bits. These data are not available even for the Seller.
7.4 The Seller will see to the emission of an electronic invoice where foreseen by law and will immediately transmit the fiscal receipt or courtesy copy of the electronic invoice relative to the purchase made by e-mail to the address indicated by the customer,– if the Products purchased are to be delivered in Italian territory- or a paper copy will be included with the Products purchased in all other cases.
8. Legal guarantee of conformity by the Seller, reporting of defects of conformity and interventions under guarantee
8.1 According to and for the effects of the European Directive 44/99/CE and legislative decree n. 206/2005 (Consumer code), the Seller guarantees that the Products will be free of defects of manufacture and material, as well as conforming to the description published on the Site, for a period of 2 (two) years from the date of delivery of the Products to the Consumer. For hand-made products, some variations in characteristics is in the nature of the manufacturing process can be considered an additional quality. The application of any guarantee is excluded in the case of use or washing of the Product which does not conform to that of the Product itself and the instructions/warnings supplied by the Seller and/or the Title Holderin the explanation documentation of the item, on cards or labels.
8.2 .In order not to invalidate the guarantee, the Consumer must report any defects and non-conformity within and not later than 2 (two) months from the time of the discovery, indicating the defect and/or non-conformity found, as well as the relative documentation with at least 1(one) photograph of the Product, the order confirmation sent by the Seller and/or the fiscal receipt, communicating to the Seller’s “customer care” by e-mail to the address email@example.com
8.3 Following receipt of the request and the relative documentation, the Seller will evaluate the defects and the non-conformity reported by the Consumer through his assistance service and carry out qualitative checks in order to verify the effective non-conformity of the Product and decide whether to authorize the restitution of the Product, supplying the Consumer with a form containing a “return code” by email to the address given by the Consumer when registering on the Site or when transmitting the order. The authorisation to return the Products will not in any way constitute recognition of the defects or non-conformity, the existence of which must be ascertained successively on restitution. The Products for which the Seller authorizes restitution must be returned by the Consumer, together with a copy of the communication of the authorization of the restitution quoting the return code within 30 (thirty) days of the reporting of the defect or non-conformity, to the following address: Eredi Colombo Srl, Piazza Indipendenza, 9 – 31050 Badoere di Morgano – Treviso – Italy.
8.4 If the Seller has to reimburse the Consumer with the price paid, the reimbursement will be effected, where possible, by the same method of payment used by the Consumer when purchasing the Product or through banker’s order. The Consumer should communicate the bank details for a banker’s order to the Seller in the place where the return has been made or by e-mail to the address firstname.lastname@example.org, so that the Seller is able to execute the order and pay the amount owing.
9. Responsibility for damage of defective products
9.1 As far as any damage provoked by the defects of the Products is concerned, the disposition of European directive 85/374/CEE and legislative decree n, 206/2005 (Consumer code) applies. The Seller, if he is only the distributor of certain products through the Site, will indicate the name of the producer of the product and be free of any responsibility, without exclusion and /or exception.
10. Right of cancellation
10.1 The Consumer has the right to cancel any concluded contract according to the present general sales conditions, without penalty, within 14 (fourteen) days from when(i) the product was delivered or (ii), in case a number of products delivered separately were purchased on just one order, from when the last product was delivered.
10.2 To exercise the right of cancellation, the Consumer must inform Eredi Colombo Srl before the due date given in the previous point 10.1, of his or her decision by accessing their own account with username and password, and consulting the section “history and details of the orders”, where the user will be able to select the order which he or she wants to cancel. If the order contains two or more products, it will be possible to select and cancel one or more of those products. In case of purchases made without registration on the site www.nickicolombo.com, the Consumer can exercise the right of cancellation by sending a detailed request within and not later than 14 days to Eredi Colombo Srl to the e-mail address email@example.com
10.3 Following the action taken in point 10.2 the Consumer will receive an email confirming the cancellation and containing the return form to be inserted in the package and the instructions to proceed with the restitution of the product, to be transmitted within and not later than the successive 14 days to: ErediColoboSrl, Piazza Indipendenza, 9 – 31050 Badoere di Morgano – Treviso – Italy
10.4 If the consumer has received the Product, he or she must return it to Eredi Colombo Srl without undue delay and, in any case, within 14 days of communication of the cancellation. The terms are respected if the goods are sent before the 14 day-limit. The risks and immediate costs of the return of the goods are to be paid by the Consumer. Should the Consumer wish to use the service for returns offered by the Site itself, the cost of returning the goods will be indicated.
10.5 The Consumer who cancels will be reimbursed with the payments effected, including the cost of delivery (with the exception of supplementary costs occurred from the choice of type of delivery different from the least expensive standard offer), without undue delay and, in any case, not more than 14 days from the cancellation. These reimbursements will be made using the same method of payment used by the Consumer for the initial transaction, unless the Consumer asks for reimbursement by a different method of payment, in which case the Consumer will bear any additional costs derived from the different method of payment. The reimbursement may be suspended until the goods are received or until the receipt of proof of sending from the Consumer, if it arrives first.
10.6 The Consumer is responsible for the loss of value of the goods which results from manipulation different from that necessary to establish the nature, characteristics and functioning of the goods. Therefore, in case the returned goods prove to be damaged with signs of wear, abrasions, scuffs, scratches, deformation, stains etc. and/or not complete with all the elements and accessories including labels and cards, unaltered and attached to the product, the instructions/notes/manuals, the original wrapping and packaging and the certificate of guarantee, where present, the Consumer will be charged for the reduction in value of the goods, and will have the right to reimbursement to the amount of the residual value of the Product. For this reason, the Consumer is advised not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the goods and to cover the original wrapping of the Products with another protective packaging to conserve its integrity and protect it from damage during transport as well as any writing and application of labels.
11. Intellectual property rights
11.1 The Consumer declares that he or she is informed that all brands, names, as well as any distinctive signs, denominations, images, photographs, written texts or graphics used on the Site or relative to the Products are and remain the exclusive property of Eredi Colombo Srl and/or their representatives and that access to the Site and/or the purchase of the Products does not give the Consumer any rights on them.
11.2 The contents of the Site may not be reproduced , wholly or in part, transferred by electronic or conventional means, modified, or used for any reason whatsoever without the previous written consent of Eredi Colombo Srl.
12. The Consumer’s personal data and protection of Privacy
12.1 In order to proceed with registration when sending an order and the conclusion of the present contract through the Site, some personal details of the Consumer are requested. The Consumer should be aware that the personal data supplied will be registered and used by the Seller and by Eredi Colombo Srlin conformation and with respect to the European and Italian normative (regulation EU 2016/679 and Legislative Decree 196/2001, as well as amendments of Legislative Decrees 101/2108 and ss.mm. ii), to execute each purchase through the Site and, with previous consent, for any other further activities as indicated in the special informative on privacy supplied to the Consumer through the Site at the time of registration and consultable at any time, in the latest version, at the address www.nickicolombo.com/it/privacy-www.nickicolombo.com/eng/privacy
12.2 The Consumer declares and guarantees that the data supplied given to the Seller during the process of registration and purchasing are correct and true.
12.3 The Consumer can at any time update and/or modify his or her own personal data given to the Seller through the special section of the Site “My Account”, accessible subject to authentication.
13.1 Although the Seller adopts measures intended to protect personal data against any loss, falsification, manipulation and improper use by third parties, owing to the characteristics and technical limitations relative to the protection of electronic communications via the Internet, he cannot guarantee, even after the Consumer has provided authentication (login), that the data are not accessible or visible to non-authorized third parties.
13.2 The Seller, concerning the data relative to payments by credit card,makes use of the services of the company Nexi Payments S.p.A which uses technological systems designed to guarantee at the highest level of reliability, security, protection and secrecy in the transmission of information via web.
14. The applicable laws, attempts to conciliation and the competent forum
14.1 Each sales contract concluded between the Seller and the Consumer according to the present general sales conditions will be disciplined and interpreted in conformation with Italian law and in particular according to legislative decree 6 September 2005 n. 206 and ss.mm.ii, (Consumer Code), with specific reference to the normative on the subject of remote contracts, and the legislative decree 9 April 2003 n. 70 on certain aspects concerning e-commerce.
14.2 The Consumer also has the possibility of access to the platform Online Dispute Resolution Europea(the platform ODR Europea) for the resolution of any controversy between Seller and Consumer. The Platform ODR Europea is developed and managed by the European Commission , following the Directive 2013/11/EU and Regulation EU n. 524/2013, to help reach an independent, impartial, transparent, efficacious, rapid and fair extra-judicial resolution to the controversies concerning contractual obligations derived from sales contracts or services online between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) organism which can be selected from a special directory made available. For further information about the Platform ODR Europea or to start , through this platform, an alternative procedure of resolution of a controversy relative to the present contract, you can access the following link: http://ec.europa.eu/odr The electronic mail address of the Seller to indicate on the Platform ODR Europea is: firstname.lastname@example.org 14.3 In case there are no attempts of conciliation as outlined in 14.2 or else such an attempt should have a negative outcome, the controversy will be transferredto the judge of the place of residence or domicile of the Consumer; in the case of a purchaser not qualified as Consumer, the competence of the judge will follow the ordinary regulations of the court of law.