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    Condition of Use

    We invite you to carefully read these general conditions of use (“General Conditions of Use and Sale”) before using the Services and/or the Fenicia S.p.A branded site.Naramilano. Using the branded services and/or Fenicia S.p.A website Naramilano you fully accept these General Conditions of Use and Sale.

     

    1. Definitions

    The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form.

     

    1. Customer means any person or company purchasing one or more Products in the On-Line Shop, accepting the General Conditions hereto.

    2. Fenicia S.p.A: means Fenicia S.p.A company located in Piazza Cavour, 3 20121 Milan company owner of the brand Naramilano and authorised to retail the Products through the Online Store with the domain naramilano.it

    3. Parties: jointly means Fenicia S.p.A and Customers.

    4. General Conditions: means these general conditions of sale and any future new versions that may be published in the On-Line Shop by Fenicia S.p.A

    5. Online Shop: means the virtual shop, managed by Fenicia S.p.A and accessible through the URL naramilano.it, through which it is possible to purchase branded Naramilano products.

    6. Sale and Purchase Agreements: means the purchase and sale contracts for the Products concluded, under Article 3, between Fenicia S.p.A and the Customers through the Online Store.

    7. Orders: means the purchase orders for the branded Naramilano Products sent by Customers, per the General Conditions and following the procedure referred to in Article 6.

    8. Order Confirmation: means the email message through which Fenicia S.p.A communicates to Customers the acceptance of the Orders and the actual presence at the logistics and/or direct points of sale of the chain

    9. Price: means the selling price of the Products as indicated in the Online Shop in correspondence with the Products themselves.

    10. Products: means the products published in the Online Store for their sale.

    11. Account: means the space in the On-Line Shop where Customers are allowed, following authentication to: (i) monitor and update personal data and addresses where the ordered Products are to be shipped and delivered; (ii) view previous Orders; (iii) have access to any other specific function/setting concerning their activity in the On-Line Shop.



    2. Subject

    1. The General Conditions apply to all the Sale and Purchase Agreements and form an essential part of the latter.

    2. Fenicia S.p.A has the right to modify the General Conditions at any time, being understood that the version of the General Conditions to be applied to the Sale and Purchase Agreements shall be the one published in the On-Line Shop at the time the Orders are placed by the Customers.

    3. In case of conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published in the Online Shop, the General Conditions will be applied.



    3. Execution of Sale and Purchase Agreement

    1. Fenicia S.p.A undertakes to send the Order Confirmation to the Customers within 2 working days from the receipt of the Orders by the Customers, on the condition that Fenicia S.p.A has accepted the order only at its discretion and unquestionable judgment.

    2. The Sale and Purchase Agreements are considered concluded between the Parties when the Customers receive the Order Confirmation. If Customers do not receive the Order Confirmation within the period indicated in Article 3.1, the relative Order must be considered rejected by Fenicia S.p.A and, therefore, without effects.

    3. By placing the Orders, Customers declare to have read all the instructions which refer to the methods of payment of Products under clause 6 and declare to have fully accepted the General Conditions and to have read all additional information available in the On-Line Shop, including information accessible through links.

    4. The Orders will be archived in the database of the Online Shop, according to the methods and in compliance with the provisions of Legislative Decree no. 196 dated 30/06/2003 (“Privacy”) and in compliance with EU Regulation 2016/679, and will be accessible by contacting Fenicia S.p.A at the references referred to under Article 16 or by accessing the Profile.

     

     

    4. Availability of Products

    1. Except as provided under Article 4.6, in correspondence with each Product published in the Online Store, Fenicia S.p.A indicates whether the same with updating every 30 minutes:

      1. (i) the Product is available at its warehouse.

      2. (ii) the Product is not available at its warehouse.

      3. Available on request

      4. it's customizable!

    2. The type of Products published in the Online Shop and their availability may vary at any time and the Customers, accepting these conditions, agree that this does not imply any responsibility on the part of Fenicia S.p.A towards the customer for any variation in availability or unavailability of the products.

    3. The indication relating to the availability of the Products is not binding, it is understood that the Products indicated as “not available” under Article 4.1 (ii) cannot be ordered by customers. In the event of the unavailability of a Product indicated as available at the time of sending the Order by a Customer, Fenicia S.p.A, notwithstanding the provisions of Article 3.2, will promptly inform the Customer, in a subsequent communication by email, that the unavailable product (s) will be refunded in the shortest time possible on the same payment method used to complete the order, and in case of presence of other products available within the order, these will be shipped.

    4. If in correspondence with a Product there is an indication available “on request”, it means that such Product, at that moment, is not available at the Fenicia S.p.A warehouses but that Fenicia S.p.A will take care of ordering it if possible at the central warehouses of Naramilano shop online after the Customer has ordered it from Fenicia S.p.A

    5. If there is a “customisable” indication for a Product, it means that this Product can be modified/adapted/customised according to the specifications indicated by Fenicia S.p.A. In this case, Customers must specify their requests in the appropriate space at the time of Sending Orders and/or complete the appropriate personalisation form on the selected product page. After sending the Order Confirmation, Fenicia S.p.A undertakes to communicate to Customers, by email, the deadline for shipping the customised Product. Although Fenicia S.p.A undertakes to do everything in its power to ensure compliance with this term, the same is to be understood as merely indicative and does not entail any constraint for Fenicia S.p.A;

    6. Fenicia S.p.A reserves the right not to indicate the availability of or some Products published in the Online Store.



    5. Price and shipping costs

    1. The Price is expressed in € (Euro), except for countries with different foreign currency or at the sole discretion of Fenicia S.p.A. The applicable price is the one published on the Online Store at the time of the execution of the Orders by the Customers. The Customer must do everything in their power to ensure that they are aware of the currency used in the transaction, and Fenicia S.p.A will not be held responsible for any loss or damage due to the use of a different exchange rate. The prices will be available in the “Promotions” section of the site, it is understood that the aforementioned section may change over time, the prices indicated are not binding for Fenicia S.p.A which can cancel the order at its sole discretion.

    2. The Price is inclusive of VAT in the applicable percentage and according to the legislation (for example 22%, excluding the countries in which the applicable VAT number differs, such as the United Kingdom where it is 20%) if the Products are shipped from Fenicia S.p.A and delivered within the European Union.

    3. The price is not inclusive of shipping costs Fenicia S.p.A reserves the right to ask customers for a contribution for shipping costs which may vary depending on the type of delivery, the number of products to be delivered, their volume, their weight and their destination, the shipping costs may vary over time they are not refundable in the event of a complete or partial return of the purchased product.

    4. The portion of the shipping costs to be borne by the Customers following Fenicia S.p.A 's request is indicated, separately from the Price, before the Order is placed by the Customers and shall be paid by the Customers jointly with the payment of the Price according to clause 7.

    5. Any taxes, duties, fees and other charges provided for by the laws of the States from/to which the Products are shipped/delivered, will be borne entirely by the Customers, and paid by them on delivery of the Products, directly to the competent tax or customs authorities or the courier in charge of the delivery.



    6. Placement of Orders

    1. To proceed with the sending of Orders, Customers are required to register in the Online Store by entering all the “mandatory” data and choosing a password which must be at least 8 alphanumeric characters long and contain at least one special character to Send Orders and to access, even at a later time, your Profile.

    2. Customers can purchase the Products by selecting them in the Online Shop section dedicated to the type of Product sought and inserting them in the “cart”. When the Products the Customers wish to purchase are more than one, the above procedure shall be repeated, by clicking on "add to your cart". Once the selection of the Products has been completed, the Customers must, if they have not already done so previously, proceed with the registration under Article 6.1 or, if already registered, must authenticate themselves by entering their email address and password in the spaces provided and click on “go to the checkout” or “proceed with the purchase”. Once the correctness of the data relating to the chosen Product (s) and the “sending information” has been verified, Customers must choose the payment method according to Article 7. Once the payment method has been chosen, the Customers can proceed to send the Orders by clicking on “Send”. The Customer must ensure that his details for logging in are not disclosed to third parties. Fenicia S.p.A. will not be held responsible if third parties manage to access the customer’s account using the correct “login” data.

     

    7. Payment method

    1. Customers can pay the Price and the contribution for shipping costs as per Article 5 by credit card, postal order, PayPal, bank transfer or other means of payment which may be indicated by Fenicia S.p.A in the Online Shop. Fenicia S.p.A reserves the right to change, at any time, the means of payment that can be used by Customers, it being understood that those published in the On-Line Shop will be considered usable at the time the Customers send the Orders.

    2. In the case of payment by credit card, the charge to the Customers of the Price and the contribution for the shipping costs according to Article 5 takes place, having verified the credit card data and having received the debit authorization from the company issuing the credit card used by the Customers, at the same time as the order confirmation is sent by Fenicia S.p.A. The credit card data sent during the execution of the Orders are protected and are sent directly to the banking company that manages the payments. Payment takes place directly on a secure server, with an SSL encryption key. The credit card data are not accessible by Fenicia S.p.A or in any case by third parties, neither at the time of sending the Orders nor subsequently. To offer customers the security and functionality of payments made by credit card Fenicia S.p.A offers the “Gestpay” virtual POS payment solution of Easy Nolo SpA - Gruppo Banca Sella - Piazza Gaudenzio Sella, 1 - 13900 - Biella - PI 02027040027. For this reason, in the credit card statement, Customers will be charged with the reason “Gestpay” or “Easy Nolo” or Naramilano WEB.

    3. Payment by bank wire shall be made by the Customers using the bank details provided in the On-Line Shop, specifying in the reason for payment the order number (including the initial letters), which Fenicia S.p.A communicated at the time the Order was placed by the Customers and in the Order Confirmation.

    4. In case of payment by bank transfer, Customers must make the transfer to the bank data indicated in the Online Shop, indicating in the reason for payment the order number (including initial letters) communicated by Fenicia S.p.A at the time of sending the Order from Customers and in the Order Confirmation.

    5. In the case of payment through PayPal, when the Orders are sent by the Customers, the web session will be transferred to the secure PayPal website. On this website, customers can complete the payment of the price and the contribution for shipping costs under Article 5 using your PayPal account and according to the conditions of use of the PayPal service subscribed by the Customers at that time or previously. The Price (and the part of the shipping costs requested by as indicated under clauses 5.3 and 5.4) shall be charged on the Customers' PayPal account upon the Confirmation Order being sent by .

    6. If requested by the Customers at the same time as the Orders are sent, Fenicia S.p.A will send the Customers a regular invoice, by post or inside the package containing the products. To issue the invoice, the information provided by the Customers shall be deemed true and correct. No change in the invoice will be possible after its issue by Fenicia S.p.A

    7. Information received from according to clause 7 shall be solely utilised by for the sake of completing all relevant sale procedures and for reimbursement procedures should Customers exercise the right of withdrawal provided for by clause 9.



    8. Shipping and delivery of Products

    1. Given that “shipping” of the Products by Fenicia S.p.A means the delivery of the same to the couriers selected from time to time by customers according to Article 8.2, Fenicia S.p.A is not required to ship the Products until it has received payment of the Price; once payment of the Price has been received, Fenicia S.p.A agrees that the Products will be shipped:

      1. in the case of Products available Fenicia S.p.A undertakes (as defined in art. 4.):

        1. - within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card;

        2. - within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods other than credit card;

      2. in the case of available Products become unavailable (as defined in Article 4.3), within 3 working days from the moment in which such Product or such Products are available again at the warehouses of Fenicia S.p.A; if the products do not become available again, the amount paid for these products will be refunded in the shortest possible time on the same method of payment used by the customer and will be communicated by e-mail;

      3. (iii) in the case of "on demand" Products (as defined under clause 4.4) within 3 working days from the time such Products are available at 's warehouses.

      4. (iv) in the case of "customised" Products, within 3 working days from the communication indicated in clause 4.5 (ii);

      5. (v) in case the availability of one or more Products is not indicated (as in the option under clause 4.6) and the Products are available at 's warehouses at the time of placement of the Order by the Customers:

        1. >- within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card

        2. - within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods other than credit card;

      6. (vi) in case the availability of one or more Products is not indicated (as in the option under clause 4.6) and the Products are not available at 's warehouses at the time of placement of the Orders by the Customers, within 3 working days from the time the Products are available at 's warehouses.

    2. Fenicia S.p.A agrees that the shipment of the Products, in the States indicated in the Online Shop, takes place through express couriers selected from time to time depending on the Product subject of the Order and the place of destination. The Products are shipped by , and delivered by the courier selected by , at the address indicated by the Customers at the time of registration as under clause 6.1 or at a different address specified at the time the Order is placed. Once the address has been entered, it cannot be changed in any way.

    3. Fenicia S.p.A agrees that everything possible will be done so that the Products shipped under Articles 8.1 and 8.2 are delivered by the selected couriers:

      1. - in Italy within 48 hours from the date of shipment;

      2. - outside Italy within 10 days from the date of shipment.

    Fenicia S.p.A assumes no responsibility for the delay in delivery of any product.

    1. The delivery terms under clause 8.3 may not, under any circumstance, be considered binding as is unable to directly monitor the deliveries of the selected couriers; therefore, cannot be held liable in case of breach of the delivery terms mentioned under clause 8.3.

    2. To allow the Customers to monitor the progress of the Orders, shall issue an Order number which, once inserted in the "my order" section – accessible from any page of the On-Line Shop – allows to verify all information concerning the Orders. Some couriers will confirm taking charge by sending a text to the indicated number.

    3. Customers can also check the status of Orders thanks to the online “Order Tracking” function provided by the courier chosen by the customer for delivery. This verification can be carried out by the Customers only after the shipment of the Products and using the tracking data communicated by Fenicia S.p.A or directly by the courier by email and/or text and/or telephone call or by accessing the Profile.

    4. The Customers, or authorized third parties who will be at the address indicated in the Order Confirmation at the time of delivery, are obliged to check that:

      1. (i) the Products correspond to the content of the courier's delivery slip (DDT) both as regards to the quantity and type.

      2. (ii) the parcel/package of the Products is intact, undamaged, not wet nor in any way altered even concerning the securing material.

    5. Any damage to the parcel/packaging of the Products must be immediately claimed by the Customers using a comment expressing "control reserve" to be written on the courier's slip acknowledging delivery. It is understood that once the slip is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products.

    6. The Products may be delivered by couriers only to the Customers or to third parties authorised by the Customers. The receiving party is obliged to sign the slip to certify the occurred delivery. Couriers do not deliver at postal office boxes nor by inserting the Products in letter boxes or similar.



    9. Right to Withdraw

    1. The Customers who are "consumers" (i.e. private persons acting for scopes not included in any commercial, craftsman or professional activity carried out in their business), have the right, in accordance with and pursuant to Article 64 of the Italian Legislative Decree no. 206 of 2005, to withdraw from the Sale and Purchase Agreement within 30 days from receipt of the Products. Customers may exercise their right to withdraw from the Sale and Purchase Agreement by sending an email to to the address specified under clause 16. The right of withdrawal must be exercised by customers by sending Fenicia S.p.A a written communication as per form inside the package with the goods, by email to the address referred to in Article 16, containing:

      1. (i) the intention to exercise the right to withdraw;

      2. (ii) the details of the Order generating the Sale and Purchase Agreement from which they intend to withdraw.

    2. In the case the Customers exercise the right to withdraw pursuant to this clause 9:

      1. (i) Customers undertake to return the Products within 7 working days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1;

      2. (ii) all costs connected to the return of the Products are entirely borne by the Customers;

      3. Fenicia S.p.A undertakes to reimburse the price in the shortest possible time, and in any case within 30 days from the date of receipt of the product, provided that:

        1. - the Products have been returned and are intact;

        2. - the original package has also been returned and is intact;

        3. - the accessory items and instructions manual, if any, are returned and are intact;

        4. - the Products have not been utilized;

      4. (iv) shall communicate to the Customers the methods for reimbursement of the Price and to this extent, it shall be entitled to require to the Customers the relevant banking data (IBAN and name of account holder).

    3. Should the Customers not exercise the right to withdraw per the terms and conditions set out under this clause 9, the Customers shall have no right to reimbursement of the Price.

    4. As an alternative to exercising the right to withdraw provided for by this clause 9, "consumer" Customers hold the option to "change product" according to the terms and conditions specified on the On-Line Shop.



    10. Products defects/discrepancies

    Consumer” customers (as defined in Article 9.1) can request from the seller, within the term referred to in art. 132 of Legislative Decree 206/05 (Consumer Code), the remedies provided by the Consumer Code for defects of conformity of the Products existing at the time of delivery of the goods. Reporting times must be less than 60 days from receipt of the package.



    12. Privacy

    As a data controller, Fenicia S.p.A declares and guarantees that the customers’ data will be processed under the provisions of Legislative Decree no. 196/03 and in compliance with EU Regulation 2016/679 which will become fully implemented on 25 May 2018 and will replace the current Privacy Code (Legislative Decree 196/03) currently in force in Italy. Details referred to the treatment of data are communicated to the Customers at the time of registration as under clauses 6.1 or 6.2.



    13. Errors and inaccuracies in the On-Line Shop

    1. Fenicia S.p.A agrees that the Online Store is checked regularly to avoid possible errors or inaccuracies. However, the On-Line Shop bears, or might bear, errors, inaccuracies or oversights from time to time.

    2. Fenicia S.p.A has the right to amend the errors, inaccuracies or oversights contained in the On-Line Shop even after an Order has been placed as well as the right to modify and update the information at any time without any prior notice to the Customers.



    14. Intellectual Property

    All intellectual property rights connected to the Online Store (including the contents) are the exclusive property of Fenicia S.p.A. The Online Store and its contents cannot be reproduced in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of Fenicia S.p.A

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    15. APPLICABLE LAWS

    1. The General Conditions and the Sale and Purchase Agreements are governed by, and construed under, the laws of the Republic of Italy (in particular by Legislative Decree No. 206 of 06/09/2005 –clauses from 50 to 67 – and by Legislative Decree No. 70 of 09/04/2003 on e-commerce) and shall be interpreted accordingly.

    2. Any dispute arising from, and in connection with, the General Conditions and/or the Sale and Purchase Agreements shall be submitted to the exclusive jurisdiction of the Court of Turin.



    16. Reviews, comments, other content and contacts

    1. Each user shall be allowed to publish reviews, comments, and other content, send ecards and other communications and submit suggestions, ideas, comments, questions, or other information, provided the content is not illegal, obscene, abusive, threatening, defamatory, does not infringe the privacy, intellectual property rights or is otherwise offensive to Fenicia S.p.A and/or a third party and does not contain viruses, political campaigning, commercial solicitation, chain letters, mass e-mails or any other form of 'spam'. The user may not use a false e-mail address, pretend to be another person or entity or otherwise lie about the origin of an e-card or other content. We reserve the right (but we have no obligation to act in the absence of a complete notification form in its entirety) to remove or modify this content.

    2. If you decide to send content or materials unless otherwise indicated by us, you grant: (a) to Fenicia S.p.A the non-exclusive, free, and transferable right to third parties, to use, reproduce, modify, adapt, publish, translate, create works derivate, distribute and display such content in any part of the world through any means of communication and (b) to Fenicia S.p.A, to its sub-licensees and assignees, the right to use, at their discretion, the name you used with them. Your moral rights are reserved. The user accepts that the above-mentioned rights granted to Fenicia S.p.A are irrevocable for the entire duration of its intellectual property rights associated with such content and materials. The user agrees to perform all further activities necessary to perfect any of the above rights granted by the user to Fenicia S.p.A., including the execution of deeds and documents, at our request.

    3. You declare and guarantee that you have, personally or in any other way, ownership or in any case the availability of all rights relating to the content of what you publish; that, on the date the content or material is published: (i) the content and material are accurate and relevant; and (ii) the use of the content and material you provide does not conflict with any of the applicable policies and guidelines of Fenicia S.p.A and that such use does not cause harm to third parties. Except in cases where any liability is attributable to the failure to remove illegal content following the receipt of a notification form, you undertake to hold Fenicia S.p.A harmless from all legal actions taken by third parties against Fenicia S.p.A, deriving from or in any case connected with the content and materials you provide.

    4. For further information and assistance on the Online Store or the methods of purchase on the Online Store or the Sale and Purchase Agreements, Customers can contact Fenicia S.p.A through our customer service or Customer Care.



    17. Changes to the service or changes to the conditions

    We reserve the right to modify the site or the Services offered by Fenicia S.p.A, the policies, these General Terms and Conditions of Use and the Terms of Service at any time to offer new products or services or to adapt to legal and regulatory provisions. You will be subject to the policies and terms of the General Conditions of Use from time to time in force when you use the site or Servizi Fenicia S.p.A. If any provision of these terms and conditions is considered invalid, void or for any reason unenforceable, that condition shall not affect the validity and enforceability of the other provisions.