Art. 1 - General Provisions
1. The user navigating in this area accesses Nina Garby.com , accessible via the url: www.ninagarby.com . Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site as set out therein.
2. These General Terms and Conditions of Sale apply to the sale of goods and the provision of services with exclusive reference to purchases made on the website in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) by
Company NINA GARBY DI VALENTINA GARBATI
Headquarters: Via FABBRICHETTA 52, Grugliasco , 10095
VAT No.: 11715800014
Registered at REA, number RE - 1237143
3. The user is obliged, before accessing the products and services provided by the site, to read these General Terms and Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and of the present General Terms and Conditions of Sale, the terms of which Nina Garby di Garbati Valentina reserves the right to modify unilaterally and without prior notice.
Art. 2 - Object
1. These General Terms and Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for goods and services on NINA GARBY; they do not, however, govern the provision of services or the sale of products by parties other than the seller that are present on the same website via links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from other parties, we suggest you check their terms and conditions of sale.
Art. 3 - Conclusion of the Contract
1. In order to conclude the purchase contract, it will be necessary to complete the form in electronic format and submit it following the relevant instructions.
2. It contains a cross-reference to the General Terms and Conditions of Sale, information on each service purchased and images of each product and its price, the means of payment that can be used, the means of delivery of the products purchased and the related shipping and delivery costs, a cross-reference to the conditions for exercising the right of withdrawal; methods and times for returning the products purchased. The seller is not liable for any inadequacy of the graphic representations of products shown where this is due to technical reasons, since the representations are merely illustrative.
3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form filled in by the user, after verification of the correctness of the data contained therein.
5. The user will be obliged to pay the price from the moment the online order process is completed. This will be done by clicking on the "Buy Now" button at the end of the guided procedure.
6. Once the contract is concluded, the seller takes over the order for processing.
Article 4 - Registered Users
1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his/her personal data correctly and truthfully.
2. The confirmation will in any case exonerate NINA GARBY DI GARBATI VALENTINA from any responsibility regarding the data provided by the user. The user undertakes to promptly inform NINA GARBY DI VALENTINA GARBATI of any variation in the data communicated at any time.
3. If the user communicates inaccurate or incomplete data, or even if there is a dispute by the parties concerned regarding the payments made, NINA GARBY DI VALENTINA GARBATI shall be entitled not to activate or to suspend the service until the relevant shortcomings have been remedied.
4. At the time of the user's first request for activation of a profile, NINA GARBY DI VALENTINA GARBATI will assign a user name and a password to the user. The latter acknowledges that these identifiers constitute the validation system for the user's access to the Services and the only system capable of identifying the user, and that the acts performed by means of such access will be attributed to him/her and will be binding on him/her.
5. The user undertakes to keep his access data secret and to guard them with due care and diligence and not to pass them on, even temporarily, to third parties.
Art. 5 - Availability of Products
1. Product availability refers to the actual availability at the time the user places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence of several users on the site, products may be sold to other customers before the order is confirmed.
2. Even after the order confirmation e-mail has been sent, partial or total unavailability of goods may occur. In this eventuality, the order shall be rectified automatically by deleting the unavailable product and the user shall be informed immediately by e-mail.
3. If the user requests the cancellation of the order, rescinding the contract, NINA GARBY DI VALENTINA GARBATI will reimburse the amount paid within 30 days from the moment in which NINA GARBY DI VALENTINA GARBATI became aware of the purchaser's decision to rescind the contract.
Art. 6 - Products Offered
1. NINA GARBY DI VALENTINA GARBATI markets:
CLOTHING AND ACCESSORIES
2. The offer is detailed on our website at www.ninagarby.com.
Art. 7 - Terms of Payment and Prices
1. The price of products and services shall be the price indicated on the site from time to time, except where there is an obvious error.
2. In the event of an error, NINA GARBY DI VALENTINA GARBATI will inform the purchaser as soon as possible, allowing the order to be confirmed at the correct amount or cancelled. In any case, there will be no obligation for NINA GARBY DI VALENTINA GARBATI to supply what has been sold at the lower price erroneously indicated.
3. Site prices are inclusive of VAT and include shipping costs. Prices may change at any time. Changes do not affect orders for which an order confirmation has already been sent.
4. Once you have selected the desired products and services, they will be added to your shopping cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. Order details can be changed before payment.
5. Payment can be made by:
Visa and Mastercard credit and debit cards
Art. 8 - Delivery
1. NINA GARBY DI VALENTINA GARBATI delivers to the entire Italian territory, excluding the Vatican City State and the Republic of San Marino.
2. NINA GARBY DI VALENTINA GARBATI will only make deliveries to the user's domicile, provided at the time of purchase.
3. Delivery shall generally be made within 10 working days, or, if no delivery date is specified, within the term estimated at the time of selection of the delivery method and, in any event, within a maximum term of thirty days from the date of confirmation.
4. If delivery is not possible, the order shall be sent to the warehouse. In that event, a notice will specify the location of the order and how to agree on a new delivery.
5. If you are unable to be present at the delivery location at the agreed time, please contact us again to agree on a new delivery date.
6. If delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we shall assume that the contract is terminated.
7. As a consequence of the termination the amounts shall be returned, including the costs of delivery to the exclusion of any additional costs resulting from the choice of a delivery method other than the ordinary method offered without undue delay and, in any event, within 30 days from the date of termination of the contract. Transport resulting from the termination of the contract may have additional costs that shall be borne by the purchaser.
8. Shipping costs shall be borne by the purchaser and are explicitly highlighted when placing the order.
9. The services provided by the web page will be delivered to the customer within 24 hours and no later than 30 days after the purchase made on the site.
10. The services will be available online or sent to the email address the customer provided at the time of purchase.
11. If delivery cannot take place for reasons for which neither party is responsible, the user shall be fully reimbursed for payment.
Article 9 - Passing of Risk
1. The risks relating to the products shall pass to the purchaser from the moment of delivery. Ownership of the products shall be deemed to have been acquired upon receipt of full payment of all amounts due in respect thereof, including shipping costs, or at the time of delivery, whichever occurs later.
Article 10 - Warranty and Commercial Conformity
1. The seller is liable for any defect in the products offered on the site, including non-conformity of the items to the products ordered, pursuant to the provisions of Italian law.
2. If the purchaser has entered into the contract as a consumer, i.e. any natural person acting on the site for purposes outside his or her business or professional activity, if any, this guarantee shall be valid provided that the defect becomes apparent within 24 months from the date of delivery of the products; that the purchaser submits a formal complaint regarding the defect within a maximum of 2 months from the date on which the defect was recognised by the purchaser; and that the online return form is filled in correctly.
3. In the event of non-conformity, the user who has entered into the contract as a consumer shall be entitled to obtain the restoration of the conformity of the products free of charge, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract in respect of the disputed goods and the consequent refund of the price.
4. All return costs for defective products shall be borne by the seller.
Article 11 - Withdrawal
1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to Article 57 of Legislative Decree 206/2005 commencing from the date of receipt of the products.
2. NINA GARBY DI VALENTINA GARBATI extends the aforesaid term from 14 to 30 days, and it will therefore be possible for the user to withdraw from the purchase contract until the expiry of this term, starting from the day following the day of receipt of the products purchased online.
3. In the case of multiple purchases made by the purchaser in a single order and delivered separately, the 30-day period begins on the date of receipt of the last product.
4. If the user wishes to exercise the right to cancel the purchase, he/she may send an e-mail, indicating the order number and name of the user, to:
5. The purchaser shall also exercise the right of withdrawal by sending any express declaration containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014, which is not mandatory.
6. The goods shall be returned to:
NINA GARBY BY VALENTINA GARBATI
Via FABBRICHETTA 52 GRUGLIASCO 10095
7. The goods must be returned undamaged, in their original packaging, complete in all their parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 30 days, including any shipping costs.
8. As provided for in Article 56(3) of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the purchaser proves that he has returned the goods.
9. The right of withdrawal shall not apply if the services and products of NINA GARBY are included in the categories of Art. 59 of Legislative Decree 206/2005.
10. The site will make the refund using the same means of payment chosen by the purchaser at the time of purchase. In the case of payment by bank transfer, and if the user intends to exercise his or her right of withdrawal, he or she must provide the bank details: IBAN, SWIFT and BIC necessary for the refund to be made.
Article 12 - Data processing
Art. 13 - Safeguard Clause
1. Should one of the provisions of these General Terms and Conditions of Sale be invalid for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions of these General Terms and Conditions of Sale.
Article 14 - Contacts
1. Any requests for information may be sent by e-mail to the following address firstname.lastname@example.org, by phone at the following address: +393396772538, and by post at the following address:
Via Fabbrichetta 52
Art. 15 - Applicable Law and Jurisdiction
1. These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any other overriding mandatory rules of the purchaser's country of habitual residence. Accordingly, the interpretation, execution and termination of the General Terms and Conditions of Sale shall be subject exclusively to Italian law.
2. Any disputes arising out of and/or in connection with the same shall be settled exclusively by the Italian courts. In particular, if the user has the status of Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same according to the applicable law.
These conditions were drawn up on 17/06/2021