Terms and Conditions

 

1) PREMISE

  1. These premises form an integral part of the General Conditions of Sale applied to all Orders for the Purchase of Products sent by consuming Purchasers to the Vendor (25 Nodi Srl Unipersonale) via the vernissageproject.com Website. These provisions do not apply to any Orders for the Purchase of Products forwarded to the Vendor through the Website by non-consumers: in such cases, the relationships will be governed by the applicable legislation or by specific conditions, subject to negotiation between the parties. These General Conditions of Sale do not regulate the supply, resale or transfer by third parties (therefore not the Vendor) of any Products present on the Website, including sales carried out through links, banners or other hypertext links for which the Vendor is not responsible.
  2. To proceed with the order of Products through this Website, the Purchaser is required to carefully read and explicitly accept these General Conditions of Sale, which, together with the Privacy Policy and the Terms and Conditions of Use of the Website, oversee the contractual relationship with 25 Nodi Srl Unipersonale regarding sales made through the Vernissageproject.com Website. The Terms and Conditions of Sale, Privacy Policy and Terms and Conditions of Use of the Website are made available to the Purchaser in a specific section of the Website, allowing the Purchaser to know, memorize and reproduce them, under article 12, paragraph 3 of the Legislative Decree of 9 April 2003, no. 70.
  3.  In case of doubts about these Conditions of Sale, before proceeding with the Purchase it is possible to request clarifications by e-mailing the Purchaser Service of 25 Nodi Srl Unipersonale, at the address sales@vernissageproject.net.
  4. Should any clause of these General Conditions prove null and void, the remaining clauses remain fully valid.
  5. The acceptance of these General Conditions of Sale takes place formally at the time of the Order Confirmation of the Product and before the formal advancing of the Order. If these General Conditions of Sale are explicitly not accepted, it is not possible to place any orders for Products through the Website.
  6. By accepting these General Conditions, the Purchaser declares to be over 18 years of age and a resident of those countries where the Website is qualified to sell online.
  7. The Vendor has the right to periodically modify these General Terms and Conditions of Sale and the Privacy Policy (for example because of legislative or regulatory changes, or after modifications in the functions of the Website).
  8. The contracts concluded with the Vendor through the Website are governed by the Italian law, in particular by the Legislative Decree of 6 September 2005, no. 206, and its subsequent amendments. These Conditions of Sale apply to any Purchase made on the vernissageproject.com Website and do not affect the binding rights recognized by the law, in particular under Legislative Decree no. 206/2005 (“Consumer Code”) and Legislative Decree no. 70/2003 (“Electronic Commerce Code”). The applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded by the parties.

2) DEFINED TERMS

  1. For the purposes of these General Conditions of Sale, the following terms are defined as:
    1. “Vendor”: 25 Nodi Srl Unipersonale, a company incorporated under Italian law, registered at the Chamber of Commerce of Milan. Its legally registered office is in Largo Quinto Alpini 6, Milan, Italy. The company is registered under number 09345990965 with VAT no. 09345990965, and its certified e-mail address is 25nodisrl@pec.it.
    2. “Consumer”: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity being carried out.
    3. “Purchaser”: the natural person who, as a Registered User and Consumer, formulates a Purchase proposal, or has bought Products through the purchases section of the Website.
    4. “User”: any person who accesses the Website and continues browsing its pages.
    5. “Registered User”: the Consumer, of legal age and residing in the countries where the Website is enabled for online sales, and having access to the reserved section of the Website dedicated to the Purchase of Products.
    6. “General Conditions”,” Terms and Conditions of Sale”, ”Contract”: the full set of these General Conditions, which, together with the Privacy Policy and the Terms and Conditions of Use of the Website, oversee the contractual relationship with 25 Nodi Srl Unipersonale concerning sales made through the Vernissageproject.com Website, and determine and define the contractual relationship between the Vendor and the Purchaser.
    7. “Order”: the Purchase proposal made by the Purchaser to the Vendor for the Purchase of the Products, carried out through the Website via the Shopping Cart function.
    8. “Order Confirmation”: the explicit acceptance procedure of these General Conditions and forwarding of the Order to the Vendor via the Shopping Cart function.
    9. “Product”: goods intended for retail sale through the Website, under the Electronic Commerce system.
    10. “Purchase”: the Purchase against payment of the Products presented on the Website, starting from the moment of the conclusion of the Purchase contract.
    11. “Cart”: the stage of the Purchase procedure in which the Purchaser formulates his Purchase proposal (“Order”), selects the desired Product, the payment methods, the delivery methods and more.
    12. “Purchase Agreement”: any Purchase agreement between the Vendor and the Purchaser, following the Vendor’s acceptance of the Purchaser’s Order, for the Products through the Website and according to the methods set out in these Conditions of Sale.
    13. “Platform” or ”Site”: the Vernissageproject.com Website
    14. “Consumer Code”: Legislative Decree no. 206/2005 and its subsequent amendments.
    15. “E-commerce decree”: Legislative Decree no. 70/2003 and its subsequent amendments.
    16. “Privacy Code”: Legislative Decree no. 196/2003 and its subsequent amendments.

3) CONDITIONS FOR THE CONCLUSION OF THE CONTRACT

  1. By accessing the Website, the User is able to view the Vendor’s electronic catalogue and offers.
  2. In order to use the section dedicated to the Purchase of Products, the User must register on the Website (or can proceed in Guest mode without registering).
  3. The registration on the Website and, in any case, the possibility of placing Purchase orders through the Website is intended only for Consumer Users, who act for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity being carried out. Users must be adults, legally capable and in full availability of their rights, and must not reside in territories where the Website is not authorized to sell the Products (e.g., the People’s Republic of China) or in territories where there are no export restrictions provided for by national or international legislation (e.g., North Korea): in this regard, before proceeding with the order of the Products displayed on the Website, the User can contact the Website’s Help Service at any time to verify that all the requirements are met. By proceeding with the registration or with an Order proposal, the Purchaser declares his full possession of all the requirements listed above.
  4. To Purchase the Products, the Registered User must access the reserved section of the Website and confirm his identity by entering his personal data and providing his username (or User-ID) and password, which will be then confirmed by the Vendor. Alternatively, the Purchaser can make purchases in ”Guest” mode, without registering on the Website, but he must still specify the data needed for managing the order and issuing the Purchase document, therefore he must provide in any case his e-mail address and the shipment data.
  5. It is forbidden to use temporary e-mails for registering on the Website or to Purchase Products. In case of abuse, the Vendor reserves the right to refuse and revoke registration and to report the issue to the competent Authorities for intervention.
  6. All the data transmitted for the Purchase of Products will be treated in full respect of the privacy laws. The Vendor will use them to complete the orders, and only after explicit consent in this regard is expressed.
  7. The Purchaser guarantees that he is of age, that he owns full rights, that he is legally capable and that all the data he sends to the Vendor regarding his identity or relating to the shipment are correct and truthful, assuming full responsibility and holding the Vendor harmless from any legal consequence. The Purchaser is required to keep the Purchaser’s access data with the utmost diligence, maintaining their confidentiality for the entire duration of the relationship with the Vendor. The Purchaser must be aware that any access by a third party may allow the latter to issue regular and binding Orders in the name and on behalf of the Purchaser, possibly using the payment method saved on the Website.
  8. The Vendor reserves the right to refuse any Orders from non-Consumers, or from those who do not comply with the above requirements or with the Vendor’s commercial policy.

4) PRODUCT DESCRIPTION

  1. The Website deals with retail sales, under an Electronic Commerce regime, mainly of jewellery, fashion accessories and handcrafted jewellery creations.
  2. The information about the individual Products and their Product codes is available on the Website, where the Purchaser will find details of the main characteristics of the goods intended for sale and, if necessary, an indication of the possibility of customizing the Products.
  3. All the Products presented on the Website are subject to current availability. The Vendor reserves the right to vary the limits on the quantities and types of Products that can be purchased online on the Website at any time. The styles, models and colours of the Products described on the Website may be changed without notice.
  4. During the transaction procedure, an automatic response will notify the Purchaser of the time required to process the order and/or the impossibility of processing the order due to the unavailability of the Product.
  5. All the Products being sold are described and illustrated on the Website, in their respective sections. The images of the Products on the Website only have demonstrative and illustrative purposes and are represented in the best possible way.
  6. The jewellery creations sold on the Website are handcrafted artefacts. Each individual Product is a handmade unique piece based on a template, thus a work of art. Therefore, the actual Product purchased by the Purchaser could show partial discrepancies, inaccuracies or small differences from the graphic or photographic representation of the Product as shown on the Website. The photographs of the Products presented on the Website, therefore, do not constitute a contractual element, as they are merely symbolically representative of the Product intended for sale. Given this particular method of sale, the User is advised that any discrepancies between the representations of the Products on the Website and the Products delivered are only cause for dispute if they are significant and not related to being handcrafted creations of unique pieces.

5) PRODUCTS

  1. All the Products on the Website are handcrafted by 25 Nodi Srl Unipersonale and marked with the 25 Nodi Srl Unipersonale brand.
  2. The Vendor does not sell Third Party Products, used Products, irregular Products or Products of inferior quality according to the standards of traditional markets.
  3. Each Product is presented on the Website with a special form describing its essential characteristics. Any variations in weight or external appearance must be considered as physiological differences due to the artisanal nature of their Production, and are seen as a guarantee of their handmade character, not as defects.
  4. Any discrepancies between the images and colours of the Products on the Website and the real ones, if not related to the artisanal nature of the Product, might depend on the Internet browser and monitor used for viewing them.

6) PRODUCT PRICES

  1. The prices of the Products available for sale through the Website are expressed in Euros and are indicated on the Website and in the description of each single Product.
  2. Once the Purchaser has selected the Product he intends to purchase, the description of the Product and its Price will be shown in the ”Cart” area, where the various options and Purchase methods can be chosen and where the additional costs relating to the Purchase of the Order, including shipping costs, are indicated analytically. The prices of the goods available on the Website are net/inclusive of VAT.
  3. Once the Purchaser has chosen the preferred sale and payment options, the final price will appear, including taxes, VAT, shipping and any costs relating to the use of the payment method chosen by the Purchaser among those indicated on the Website as accepted by 25 Nodi Srl Unipersonale.
  4. Sales and shipments outside the EU may be subject to customs duties or other taxes. These duties and taxes are under responsibility of the Purchaser, who is accountable for the declaration and payment to the competent authorities in the country where he receives the goods. The Vendor cannot be held responsible for the requests made by the Authorities to the Purchaser regarding customs duties or fees, penalties, debits or expenses arising from customs interventions, or if the Purchaser (or the recipient of the shipped Product) has not provided adequate documentation or has not obtained the necessary shipment licenses or permits.
  5. The Vendor constantly verifies that all the prices indicated on the Website are correct, but does not guarantee the absence of inaccuracies. If an error in the price of a Product is found, the Vendor will give the Purchaser the option of reconfirming the order for the Product at the correct price or to cancel the order.
  6. The Vendor reserves the right to modify the Prices of the Products at his discretion and without notice; the new Prices will not apply to Orders that have already been placed.

7) PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT

  1. The conclusion of the Purchase Agreement will be conditional to the Purchaser’s regular execution of the Order forwarding procedure provided on the Website.
  2. The Purchaser can order all the Products being sold on the Website, as described in their information sheets.
  3. In order to buy the Products, the Purchaser must complete and send the Purchase Order form (in electronic format) to the Vendor, following all the instructions contained on the correlated page of the Website. He will find an outline of the main commercial conditions, including price, payment and delivery, as well as information on the main characteristics of the Products ordered, and a reference to these General Conditions. The Purchaser must place the Product he wishes to Purchase in the appropriate ”Cart” and, after reading and accepting the Terms and Conditions, with particular reference to the shipping costs, the right of withdrawal and the Privacy Policy, he can select the payment method and proceed with the payment.
  4. The Product purchased on the Website may be accompanied by a certificate of authenticity, with an indication of all its fundamental characteristics, but such certificate is only issued if the Purchaser explicitly requires one from the Vendor while placing the order.
  5. The applicable Terms and Conditions are those in force at the time of the Order and are available on the Website.
  6. The contract between the Vendor and the Purchaser is seen as concluded when the Vendor accepts the Order. Acceptance of the Order will be explicitly communicated by the Vendor to the Purchaser by an e-mail message sent to the e-mail address supplied by the Purchaser.
  7. The Vendor reserves the right to evaluate the acceptance of the orders received, and may refuse, or in any case not process, incomplete or incorrect Purchase orders, orders for unavailable Products or orders which require the shipping of the Products to disadvantaged geographical areas, or areas where the Vendor does not ship (e.g. China and North Korea).
  8. The Order, as sent via e-mail by 25 Nodi Srl Unipersonale and visualized by the Purchaser, contains all the essential elements of the Contract, including all the information required by law. The Purchaser is expected to check the Order and verify that the information it contains is correct and complete.
  9. The validity of the contract is subject to the availability of the Product. If the Product is no longer available, the Vendor will inform the Purchaser, in the shortest possible time, of any impossibility to accept the orders, starting from the moment in which the Purchaser has sent the Order, and will refund any amounts already paid by the Purchaser for the Products.
  10. The Purchaser has no rights to compensation for damages or indemnity, as well as for any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an Order by the Vendor, or by the improper use of the Product.

8) PAYMENT

  1. The Purchaser is required to make the payment to 25 Nodi Srl Unipersonale when sending the order for the Product, using one of the payment methods available on the Website. The Products will be shipped only after full payment of the final price of the order.
  2. The Purchaser can pay for the Products and their delivery using the payment methods accepted by the Vendor (credit card, PayPal, etc.). Cash-on-delivery payments are not accepted.
  3. The amount due for the Purchase is usually charged to the Purchaser within the terms indicated by the chosen payment service.
  4. If, for any reason, the debiting of the amounts due by the Purchaser proves impossible, the process will be automatically terminated and the Purchase is automatically cancelled. 25 Nodi Srl Unipersonale will not process the order and cannot be held responsible for delays or non-delivery of the Products ordered.
  5. 25 Nodi Srl Unipersonale is not responsible for any fraudulent or illegal use of credit cards made by third parties when paying for the Products purchased.

9) RECONSIDERATION AND CANCELLATION OF AN ORDER

  1. If the Purchaser wishes to modify, even partially, or cancel the order sent to the Vendor, he must promptly (in any case, before shipping) inform the Vendor of his decision: the Vendor will evaluate the possibility of cancelling the order and refunding the Purchaser. Once the Product has been shipped, the order can no longer be cancelled or modified. However, the shipped Products can be returned according to the Right of Withdrawal regulations.

10) PRODUCT DELIVERY

  1. 25 Nodi Srl Unipersonale delivers the Product to the Purchaser within the term indicated on the Website and reported in the order confirmation, at the address indicated by the Purchaser. The shipping and delivery times indicated are purely indicative and start from the date of the Order. The actual transport time depends on the geographical area of destination of the Order and may therefore vary. If the Contract does not state otherwise, the delivery will take place within 30 (thirty) days following the day in which the Purchaser sent the order. The Vendor will deliver the Products purchased by specialized carriers, from Monday to Friday, excluding public holidays and national holidays.
  2. The Vendor exclusively uses the shipping and logistics service offered by DHL for shipping the Products purchased through his Website. The Purchaser can refer to the dhl.com Website for any info about their shipping service, and in particular the Terms and Conditions of the service, guarantees, traceability, responsibility of the courier, and more.
  3. The delivery costs are charged to the Purchaser. Their price is indicated in detail on the Website and reported on the order and the order confirmation. For shipments outside the EU, the Purchaser will be required to pay the duties and additional customs charges for the shipment to the non-EU country of destination. The Vendor cannot be held responsible for any requests made by the Authorities to the Purchaser for duties or customs duties, sanctions, debits or expenses deriving from customs.
  4. The shipment and delivery of the Product will be carried out in the manner and in the time frame indicated in the order confirmation.25 Nodi Srl Unipersonale cannot be held responsible for unexpected delays or delays not caused by his activity.
  5. The Product will be delivered to the place indicated by the Purchaser. The Purchaser is required to receive the Product and facilitate delivery, as indicated in the order. In the event of an unjustified refusal to accept the Product, 25 Nodi Srl Unipersonale has the right to terminate the Contract and receive compensation for the related damages (including any shipping and storage costs for the Products).
  6. Upon delivery, the Purchaser is required to carry out ordinary diligence checks regarding the integrity, quantity and type of Products delivered, the compliance with the order and with the provisions of the contract, the intact and undamaged state of the packaging. He must immediately notify the courier of any defects or discrepancies concerning the order, writing a description of the faults on the delivery note. In particular, the Purchaser must verify: 1) that the number of packages delivered corresponds to the number indicated in the bill of lading; 2) that the packaging, including the sealing material, is intact, not damaged, wet, or otherwise altered.
  7. Any damage to the packaging and/or to the Product, or any discrepancy in the number of Products as indicated in the transport documents, must be immediately notified in writing on the Courier’s proof of delivery (“subject to acceptance”). The Purchaser, together with the Courier who delivered the package, must verify the quantitative and qualitative correspondence of the Products with what is indicated in the transport document.
  8. Once the Courier’s document has been signed, except in the case of conditional acceptance, the Purchaser will not be able to make any objection regarding the external characteristics of the package.

11) RIGHT OF WITHDRAWAL

  1. Pursuant to articles 52 ff. of the Consumer Code, the Purchaser who qualifies as a ”consumer” under the Consumer Code has the right to withdraw from the Contract at his discretion, without any penalty and without specifying the reason, within 14 (fourteen) days, starting from the day of delivery of the Products. In these cases, the Purchaser can exercise his right through the appropriate procedure, as indicated on the Website, by following the instructions on how to send to the Vendor a communication containing: the willingness to exercise the right of withdrawal pursuant to article 52 of the Consumer Code; the indication of the Products for which the Purchaser wishes to exercise the right of withdrawal; the progressive order number communicated by the Vendor upon confirmation of the purchase.
  2. To correctly exercise the right of withdrawal, the Vendor, pursuant to articles 52 ff. of the Consumer Code, informs the Purchaser that he can exercise his right of withdrawal no later than 14 (fourteen) days after receipt of the ordered Products, by communicating the will to withdraw and return the Products via a message sent to the Vendor at the contact details and in the manner indicated on the Website. In accordance with the company policy, the Vendor may set a deadline for withdrawal that is longer than the minimum period established by law, for the exclusive benefit of the individual Consumer, explicitly notifying the Purchaser.
  3. The Purchaser undertakes to preserve and keep the Products received, and for which he intends to exercise the right of withdrawal, with the utmost care and diligence. In case of withdrawal, the Products must be returned to the address of 25 Nodi Srl Unipersonale indicated for this purpose, in their original conditions, complete with all their parts, accessories, documentation and with the internal and external packaging, which must be kept intact as far as possible.
  4. After communicating his withdrawal, the Purchaser must return the Products through a courier service within 14 (fourteen) days from the date of the communication. In this regard, the certificate attached by the courier on the receipt when taking charge of the shipment of the returned goods will be valid.
  5. When exercising the right of withdrawal, the costs and risks of transport for the return are the sole responsibility of the Purchaser, and so is the responsibility for the returned Products in the event of loss or damage during transport and until delivery to the Vendor: therefore, the Vendor cannot be held responsible for reimbursement or compensation relating to Products shipped by the Purchaser but which were never received by the Vendor due to loss, theft or damages not attributable to the Vendor. The Vendor does not accept carriage forward deliveries, which will be returned to the Purchaser at the Purchaser’s expense.
  6. Once the Products have been returned, The Vendor, having carried out the necessary checks, will refund the Purchaser the price of the Products in the shortest possible time, and in any case within 14 days. The refund does not include any initial shipping costs, the return costs and the costs of gift-wrapping (if the Purchaser originally requested this service). If the recipient of the Products indicated in the order form is not the same person who paid for their purchase, the refund is sent to the person who made the payment.
  7. If the returned Products are not intact, are deteriorated, altered or have missing parts, accessories or original equipment, the Vendor will deduct the amounts related to the decrease in the value of the Products, or their repair costs; alternatively, the Purchaser can be sent back, at his own expense, the Products in the state in which he returned them to the Vendor.
  8. When the deadline for exercising the right of withdrawal expires, the Purchaser stops being entitled to a refund. In this case, however, after the deadline the Purchaser can ask to be sent back, upon request and at his own expense, the Products in the same state he returned them to the Vendor. Otherwise, the Vendor can retain the Products, in addition to the sums already paid for their purchase.
  9. The Purchaser acknowledges and explicitly accepts that he loses his right of withdrawal if the goods being returned:
    • have been used, worn, washed, damaged, disassembled, manipulated or, in any other way, altered in their original essential and qualitative characteristics;
    • are not returned in their original packaging or in another suitable packaging;
    • are not delivered to the shipper within 14 days from the date of communication of the withdrawal (in which case the Vendor may also refuse to receive the goods entrusted to the shipper for return).
  10. Pursuant to article 59 of the Consumer Code, the right of withdrawal does not apply to made-to-measure or personalized goods, or to those goods which, by their nature, cannot be returned, or deteriorate and/or expire rapidly.

12) POST-SALES WARRANTY AND LIMITATION OF LIABILITY OF THE WEBSITE OWNER

  1. The Products purchased through the vernissageproject.com Website are covered by a TWO-YEAR after-sales warranty for manufacturing defects and Product conformity defects, with effect from the date of shipment of the Product. The guarantee is nationally and internationally valid. The Warranty consists of the Purchase document of the Product itself.
  2. If the Purchaser finds a manufacturing defect, or lack of conformity of the Product, he must report in writing the alleged defect by sending a registered letter with return receipt to 25 Nodi Srl Unipersonale, within the peremptory term of two months from the date of discovery of the defect. The action aimed at asserting the defects not fraudulently concealed by the Vendor is prescribed, in any case, within the term of 24 (twenty-four) months from the delivery of the goods. In order to take advantage of the guarantee, it is necessary to show the Purchase documents.
  3. The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Purchaser has the right to ask for the goods to be restored free of charge, by repair or replacement. If these actions do not prove effective, he has the right to an adequate price reduction, or can request the termination of the contract or the free return of the Products.
  4. Repair under warranty is free of charge if the cause is a lack of conformity or a manufacturing fault of the goods: in this case, the experts of 25 Nodi Srl Unipersonale, on receiving back the Product deemed to be defective, will examine it for manufacturing flaws or defects in conformity, or determine that the defect is a consequence of an improper use of the goods by the Purchaser. This testing can last up to 30 (thirty) days.
  5. The timing for repairs carried out under warranty may vary, depending on the case, up to 70 (seventy) working days. If the defective Products cannot be repaired, the Purchaser has the right to receive a replacement or, if the Products are no longer available, a full refund of the price he paid for them.
  6. The warranty is valid on condition that the Products are used correctly, in compliance with their intended use, and upon presentation by the Purchaser of the delivery documents and the order number. The warranty is void in the event of improper use of the object or of tampering, even at a technical level, if these alterations are not carried out by 25 Nodi Srl Unipersonale.
  7. The discolouration or loss of shine of the jewels, due to the use of perfumes or detergents, or as a consequence of normal wear and tear from use and/or time, are strictly excluded from the warranty. Damages or breakages resulting from modifications, alterations or handling made by the Purchaser or caused by accidental impacts attributable to the Purchaser are also excluded from the warranty. In these cases, the guarantee is null and void.
  8. Excluding the mandatory limitations established by the law, 25 Nodi Srl Unipersonale does not offer any guarantee or declaration of conformity of the Products in addition to what is explicitly indicated on the Website, or on the warranty certificate that the Purchaser can receive upon request at the time of purchase. This includes the conformity of the Products to technical, qualitative or standard constraints of any kind, for specific or particular purposes.

13) FORCE MAJEURE

  1. 25 Nodi Srl Unipersonale assumes no responsibility for any disservices attributable to force majeure, which totally or partly prevent the timely implementation of the contract. The Vendor is not liable to the Purchaser for any damages, losses and costs incurred as a result of the failed or delayed execution of the contract. The Purchaser only has the right to a refund of the price paid.
  2. The Vendor is not liable for damages deriving from disconnections or disruptions of the Website, as well as for loss of data attributable to the same causes.
  3. In the event of force majeure, the execution of the Order will be postponed. The postponement may last for a maximum period of 3 (three) months, after which the Parties can decide whether to cancel the Order.

14) INTELLECTUAL AND INDUSTRIAL PROPERTY

  1. The Website, its content and graphics, the trademark, the domain name, the related subdomains and all the intellectual and industrial property rights relating to them and to the creations and Products depicted therein for sale, are the exclusive property of the Vendor, are reserved to the Vendor and are not, nor will they be, transferred or licensed under any circumstances to the Purchaser.
  2. Even after purchasing Products shown on the Website, the User or the Purchaser must not reproduce, duplicate, copy and redistribute, retransmit (also on other Websites), transfer or otherwise make available to third parties the Website and/or its Contents without a previous explicit and formal approval by the Vendor. In any case, the User or Purchaser can use such data solely for the conservation and/or consultation of the Website and its Contents.

15) MODIFICATIONS AND UPDATES

  1. The Vendor reserves the right to modify these General Conditions at any time, also with respect to any changes in the applicable laws. The new General Conditions of Sale will be effective from the date of publication on the Website, and for orders placed after the publication.
  2. The Parties will act in accordance with the version of the General Conditions which is published at the time of the conclusion of the Contract.
  3. 25 Nodi Srl Unipersonale is not, under any circumstances, bound by conditions requested by the Purchaser, if they differ from the current ones. The Products on the Website, their prices and their characteristics are subject to change without notice.

16) CONSERVATION OF THE CONTRACT

  1. The Contract and the related order documents are memorized, kept and archived by 25 Nodi Srl Unipersonale at its headquarters, as needed for the execution of the Contract, as well as for the fulfilments and prescriptions required by law, in compliance with the Privacy Code (Legislative Decree No. 196/2003) and the EU Regulation 2016/679 of 27 April 2016.
  2. The Purchaser can request access to these documents by sending a written application by registered letter with return receipt to 25 Nodi Srl Unipersonale, with 7 (seven) working days’ notice. The Purchaser can ask 25 Nodi Srl Unipersonale to provide an electronic and/or paper copy of the Contract, against payment of the cost of the reproduction and the electronic and/or paper support on which it is supplied.
  3. In any case, the Purchaser is obliged to memorize, keep, and archive both an electronic and a paper copy of the Contract.

17) PURCHASER OBLIGATIONS

  1. The Purchaser is required to guarantee the accuracy of the data provided during the procedure and needed for the stipulation of the Contract. The Purchaser undertakes to promptly notify 25 Nodi Srl Unipersonale of any changes relating to the personal data supplied for the Contract, by sending a specific communication to 25 Nodi Srl Unipersonale.

18) PROCESSING OF PERSONAL DATA

  1. The processing of the personal data provided by the Purchaser takes place according to the provisions of the Legislative Decree of 30 June 2003, no. 196 (“Personal Data Protection Code”) and pursuant to art. 13 of EU Regulation 2016/679 of 27 April 2016 and its subsequent amendments and additions. To this end, 25 Nodi Srl Unipersonale provides the Purchaser with specific information, which is always available on its Website and reported in the order confirmation.

19) APPLICABLE LAW AND JURISDICTION

  1. These General Conditions, and the related sales contracts between 25 Nodi Srl Unipersonale and the Purchaser, are governed by the Italian law, in particular by Legislative Decree no. 70/2003 on electronic commerce, and (with reference only to consuming Purchasers) by art. 1 of Legislative Decree no. 206/2005 (Consumer Code). They are also subject to any relevant mandatory legal provisions of the country of residence of the Purchaser.
  2. Any dispute about the validity, interpretation, execution, and termination of the contracts stipulated online by the Purchaser and the Vendor are under the exclusive Court jurisdiction of the place of residence of the Consumer (“consumer jurisdiction”), if located in the territory of the State. In any other situation, including if the user is not a Consumer as defined by the applicable laws, the definition of any dispute is under exclusive jurisdiction of the Court of Milan, Italy.

20) DISPUTE RESOLUTION

  1. According to article 49, paragraph 1, letter V of the Legislative Decree n. 206/2005 (Consumer Code) the Consumer Purchaser can make use of the Joint Conciliation procedure (ADR).
  2. Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer Purchaser can file a complaint via the ODR platform of the European Union.
  3. The Procedure can be initiated if the Consumer, after sending a complaint to the company, does not receive a response within 45 days or receives a response that he deems unsatisfactory.

21) VENDOR FAILURE TO EXERCISE A RIGHT

  1. Failure by the Vendor to exercise a right does not imply a waiver of possible actions against the Purchaser (or against third parties) for the violation of the commitments undertaken. The Vendor, therefore, reserves the possibility to assert his rights in any case, within the terms granted by the law.

22) COMMUNICATIONS

  1. Any communication relating to these Conditions of Sale and to the individual Purchase Agreements will be made by the Vendor in electronic format (e-mail) and via a Web service, and will be seen as fully valid by the Purchaser. The Vendor will keep the technical logs for tracking all the operations, including the shipments.
  2. The invoices issued as part of the Purchase process must comply with the current laws. An invoice is considered as issued at the moment it is transmitted to the Purchaser.