Terms and Conditions of Use
Welcome to LE NOIR’s official web store.
Our legal headquarters are in Via Camillo Benso Conte di Cavour, n. 4 Conegliano (TV) Italy (phone: +39 0438 34582; email@example.com C.F./P.IVA/ 03440530263,.
In this section you will find all legal information that regulates the access and the use of LE NOIR.
The access and the use of this e-commerce web site www.lenoirboutique.com (from now on referred to as the “Website”), as well as the purchase of products from the Seller (hereinafter, the “Products”), imply having read, knowing and accepting the following General Conditions of Sale.
The present General Conditions of Sale will apply when a purchase of Products will be made through the Website by users qualifying as “Clients” and LE NOIR, in accordance with the electronic trade regulation provided by D.Lgs. n. 70/2003 and Parte III, Titolo III, Capo I, of the D.Lgs.(Legislative Decree) n. 206/2005 (“Consumer Code”), as amended by D.Lgs. n. 21/2014 and.
GENERAL CONDITIONS OF SALE
1 OBJECT AND PRE-CONTRACTUAL INFORMATION
The following General Conditions of Sale regulate all sale contracts concluded between LE NOIR (hereinafter, also referred to as “Seller”) and the client (hereinafter, also referred to as the “Customer” or the “Buyer”) through the Website.
Every purchase is regulated by the General Conditions of Sale in the version published on the Website at the time of the order by the Customer.
The Client is required to view the following General Conditions of Sale and accept them, in particular the pre-contractual information, before confirming the order.
The Website is committed to the sale to “Consumers” (i.e. natural persons, acting outside the scope of an economic activity: trade, business, craft, liberal profession); if the Customer is not a Consumer, these General Conditions of sale will apply, but with the following waivers:
a) the Buyer will not have the right to withdraw from the purchase as indicated in art. 10 and in the Shipping & Returns section of the Website;
b) the Buyer will not benefit of the guarantee on the Products as in art. 8 of the present Conditions;
c) the Buyer will not benefit of all the legal safeguards guaranteed by law for Consumers.
When transmitting an order, the Customer accepts that the confirmation of the information about the order and these Terms and Conditions of Sale are sent via e-mail to the address stated when signing in on the Site, or during the purchasing process.
In order to purchase through the Site, the Customer must have the legal age (18 years). Any costs for the Internet connection to the Site, including the telephone, will be borne by the Customer according to the rates applied by the operator selected by the Customer.
The Customer, prior to the conclusion of the purchase contract, examines the features of the goods that are described in the individual product data sheets at the time of selection by the Customer. Prior to the conclusion of the purchase contract and before the confirmation of the order with "payment obligation", the Customer is informed regarding:
a) Total price of the goods inclusive of taxes, with details of postage and any other costs;
b) Mode of payment;
c) The period within which the seller agrees to deliver the goods;
d) Terms, conditions and procedures for exercising the right of withdrawal;
e) The existence of the legal guarantee for goods purchased;
f) Terms of after-sales service and commercial warranties provided by the Seller.
The Customer may at any time before the conclusion of the contract, take note of information concerning LE NOIR, geographical address, phone number, email address, information that is reported, including the following: Le Noir S.r.l. Via Camillo Benso Conte di Cavour, n. 4 Conegliano (TV) Italy
Phone: +39 0438 34582; firstname.lastname@example.org C.F./P.IVA/ 03440530263.
2 FEATURES OF PRODUCTS AND THEIR AVAILABILITY IN DIFFERENT GEOGRAPHICAL AREAS
Products are sold with the characteristics described on the Site and in accordance with the terms and conditions of sale posted on the Site at the time of the order by the Customer, to the exclusion of any other term or condition.
The Seller reserves the right to change these terms and conditions of sale at any time at its sole discretion, without providing prior notice to Users of the Site. Any changes will be effective from the date of publishing on the website and will apply only to sales concluded on or after that date.
Prices shown on the Website are in Euros and are inclusive of VAT, unless the Customer has selected an alternative country where VAT is not chargeable.
Prices, Products for sale on the Website and their characteristics, are subject to change without notice. Before sending the purchase order, the Customer is asked to verify the final sale price.
The Seller undertakes to ensure that the photographs displayed on the Website accurately reflect the original Products; nevertheless, the Buyer acknowledges that there may be some discrepancies due to the technical characteristics and color resolution of the device used by the Buyer and that the Seller will not be responsible for such discrepancies.
Site users can access all over the world, and the Site may contain references to Products that are not available or cannot be purchased in the country of the visitor to the Site. The Products purchased on the Site are available only to customers who, in the section of the website dedicated specifically, require the delivery in one of the countries that are listed on the site.
3 CONCLUSION OF CONTRACT
The offers on www.lenoirboutique.com are not binding on the Seller and do not constitute an offer to the public.
The order placed by the Customer has the value of a binding proposal. Once confirmed, the order cannot be further modified or cancelled.
The order is accepted by the Seller with a receipt sent via e-mail, which contains a description of the product features, its price and mode of payment.
The Seller reserves the right not to accept the order placed by the Customer.
The contract is concluded and becomes binding when the Customer receives the order receipt. The order and the receipt of the Order shall be deemed to be received when the parties to whom they are addressed are able to access electronic messages.
4 PURCHASE OF PRODUCT
The Products displayed on the Website are purchased by selecting them and by inserting them into the cart.
Once the Customer has selected the Products and wants to purchase those placed in the cart, the Customer will be asked to provide the data required in order to allow the completion of the Contract. In particular, the Customer will be required to provide their personal details: e-mail address, address for the delivery of the Products, billing address, tax code/ fiscal code and a telephone number where the Customer can be contacted in order to inform him or her of the possible date of delivery of the Products.
If the Customer opts for the mode of payment by credit card, he will be required to communicate the details of the credit card via secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details given by the Customer.
In case of payment by credit card, the purchase amount will be charged to the Customer after the order is completed on the site.
The Customer is aware that he/she is responsible for the accuracy and truthfulness of any data entered and/or otherwise used on the Website.
The Customer may pay for the Products ordered through one of the payment methods indicated on the Website.
Under art. 51 of the Consumer Code, the Seller informs the Customer that the order entails the obligation to pay.
5 SHIPPING AND DELIVERY OF GOODS
The purchased Products shall only be shipped after due payment of the amount owed by the Customer.
The Seller ships via courier (DHL and GLS for Italy). As required by the rules of the trade, shipments are accompanied by official invoice stating the value of the individual items in Euro. Import/export fees and custom duties are on charge of the Customer.
Products are shipped by the Seller from Monday to Friday from 9: 00-16: 00 hours. Orders placed during the weekend will be processed on the following Monday morning.
It is possible to ship goods to Italy, to the European Community and to countries outside the European Community.
The purchased Products will be shipped in accordance with the method selected by the Customer, among those available, and indicated on the Site at the time of the order.
The delivery of the purchased Products occurs within an average 5 working days for orders from Italy and within 10 working days for all other destinations. The Seller will do everything in his/her power in order to respect the delivery times indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the day following the date on which the Customer has sent the order and after confirmation of payment.
In case of non-execution of the order by the Seller, due to the unavailability of the Product, the Seller shall provide written notice to the Customer and will refund any amount already paid by the customer for the payment of the Product.
The Customer agrees to check without delay, and in any event not later than 3 (three) days from receipt of the Products, the correctness of the delivery and the inclusion of all and only the Products purchased within that period, and to inform the Seller of any defective Products received or the differences from the order placed. If the package or the packages of Products ordered by the customer reach their destination in a visibly damaged condition, the customer is asked to refuse the delivery by the shipping agent or to sign a "Goods unchecked" delivery.
Once the deadline referred to in the preceding paragraph is reached, without the Customer having made claims against the shipping agent, the Products delivered shall be deemed finally accepted by the Client.
If for any reason, an order from the Seller is not successfully delivered to the Customer’s address due to a lack of cooperation from the client (e.g. wrong telephone number, wrong address, absent at address, non-compliance with import regulations, etc.) as per the commercial agreement, the package risks being sent back to Italy at the Customer’s expense, including any Custom/importing fees that may be assessed. These expenses and fees will be deducted from any eventual reimbursement.
6 DELIVERY CHARGES
Rest of the World
The payment of the price of Products purchased through the Website shall be made within the deadline of 72 (seventy-two) hours from the date of transmission of the order confirmation by the Seller to the Customer.
The Customer expressly agrees that the execution of the Contract by the Seller shall start at the date the money transfer is received on the Seller’s bank account.
The Seller accepts payment by:
a) Credit Card. It is possible to pay using the following credit cards: Visa, Mastercard, Maestro.
b) PayPal. The Seller accepts payments from verified accounts and reserves the right to ship the Products to the address of the account verified by PayPal. In such case, the Customer must send copy of the transfer order with indication of the transfer number to the address: email@example.com. Payments from verified PayPal accounts can NOT be cancelled.
Customers purchasing from an Extra-EU country will be charged for the items purchased (VAT excluded) and shipping costs only.
The Customer acknowledges that orders shipped outside of the European Community are served as DDU (Delivered Duty Unpaid) and may be subject to tax and customs duties, that will be charged to the Customer and may experience delays due to the customs clearance process, which are outside the Seller’s control. The Seller recommends the Customer to contact his/her local customs authority to determine a landed cost price prior to purchase completion.
8 PRODUCTS’ CONFORMITY
The European Directive 44/99/EC and the rules and regulations referred to in articles 128, 129, 130, 131, 132, 134, 135, 135 bis, 135 ter, 135 quater, 135 quinquies, 135 sexies, 135 septies of the Italian Legislative Decree n. 206/2005 (Consumer Code) and subsequent amendments, the Seller guarantees to the Customer, who qualifies as a “Consumer”, that the Products will be free from defects in design and material and conform to the descriptions posted on the Site.The application of any guarantee does not apply in case the use or the cleaning of the product does not comply with the instructions and warnings provided by the Seller and/or in the description on the tags or labels.The Customer will examine the Products in the shortest possible time and will send to the Seller, by e-mail or registered mail, an explicit complaint with an indication of the defect and/or non-compliances identified, and the relevant documentation as indicated in the return form (at least one photograph of the product, the order confirmation sent by the Seller and the receipt).Following the receipt of the form and accompanying documentation, the Seller will assess the defects or non-compliance reported by the Customer and, after making quality checks to verify the non-conformity of the Product, will, at its discretion, decide whether to authorize the return of the Product by the Customer, contacting the Customer via e-mail at the address provided by the latter during the process of registration on the Site. Authorization to return the Products shall not constitute in any way recognition of defects or non-compliance, existence of which will be confirmed after the return.The Products for which the Seller has authorized the refund will be sent by the Client, together with a copy of the return authorization within 30 (thirty) days of notification of the defect or non-conformity to the following address: Le Noir S.r.l. Via Camillo Benso Conte di Cavour, n. 4 Conegliano (TV) Italy Phone: +39 0438 34582; firstname.lastname@example.org.If the Seller is required to refund the Customer the price paid, the refund will be made through Pay Pal or Pay Plug.
9 PRODUCT LIABILITY
The provisions laid down in articles 114 to 127 of the Italian Legislative Decree n. 206/2005 (Consumer Code) and subsequent amendments regarding damage caused by the product, shall apply. The Seller, as the distributor, is freed from responsibility by indicating the name of the manufacturer.
Except in the event of willful misconduct or gross negligence, the Seller will not be liable for any indirect or consequential damages that may arise from the purchase of the Products offered for sale on the Website.
10 RIGHT OF WITHDRAWAL AND INFORMATION ON RETURNS
The Customer has the right to withdraw from the contract within 14 (fourteen) days of the Products’ delivery, following the instructions and rules indicated in the Shipping and Returns section of the Website.
The Customer undertakes to return the Products for which he/she has exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days of the date the exercise of the right of withdrawal.
All shipping costs and any import fee o custom duty due for the return of the Products will be at the charge of the Customer and will not be refunded by the Seller.
The Seller reserves the right to reject the return of the Products that should result to have been damaged, deteriorated, stained or used for purposes other than for those verifications by the Customer strictly necessary to ascertain the nature and features of the Product purchased.
The Seller will refund the amount paid by the Customer with the same payment method used for the purchase, unless otherwise expressly agreed by the Customer without undue delay and within 14 (fourteen) days of the date the Seller becomes aware of the withdrawal by the Customer.
The Seller however reserves the right to withhold the refund either until receipt and verification of the Product or until proof by the Customer that he/she has returned the product duly and in intact conditions, whichever occurs first.
11 DATA PROTECTION
12 FORCE MAJEURE
The Seller shall not be liable in the event of a total or partial default of its obligations arising from any contracts concluded under the present general conditions of sale, if such failure is caused by unpredictable events and/or natural events beyond its reasonable control, including, without limitation but not limited to: war (whether declared or not), hostilities, invasion, act of foreign enemies, extensive military mobilization, civil war, riot, rebellion and revolution, military or usurped power, insurrection, act of terrorism, sabotage or piracy, currency and trade restriction, embargo, sanction, act of authority whether lawful or unlawful, compliance with any law or governmental order, expropriation, seizure of works, requisition, nationalization, plague, epidemic, natural disaster or extreme natural event, explosion, fire, destruction of equipment, prolonged break-down of transport, telecommunication, information system or energy, general labor disturbance such as boycott, strike and lock-out, go-slow, occupation of couriers, air links factories and premises.
13 GOVERNING LAW AND JURISDICTION
Any contract of sale concluded between the Seller and the Customer in accordance with these general conditions of sale shall be governed by, and construed in accordance with, Italian laws. In any case, they will be granted without prejudice to any further rights granted to Customer by mandatory provisions of law in force in the State of residence of the latter.
Any dispute will be settled by the Court in Treviso, with the exclusion of any other Court, except in cases where such provisions are not applicable due to the mandatory rules of law in force in the Country of residence of the Customer.
14 VALIDITY OF CLAUSES
The headings of the terms used here are purely indicative and have no effect on the identification of the contents and interpretation of this contract. These General Conditions of Sale shall not affect the rights conferred by Italian law to the Consumer. In the event that any provision, or part of any provision, of these terms and conditions, should be held to be invalid because it is inconsistent or contrary to the rule of law, all other provisions of this Agreement, or parts of the same provision, shall remain in full force and effect.
15 FINAL PROVISIONS
The Customer acknowledges that he or she has not been induced to accede to this contract by prior oral statements. If any of these Terms and Conditions should be invalid or become invalid at a later date, this does not affect the validity of the remainder of this contract. In this case, the invalid clause is replaced with a term that represents it as closely as possible in intent and economic purposes or with the appropriate legal provisions. The Seller reserves the right to amend these terms and conditions at any time. The amended general terms and conditions are made available on the website http://www.lenoirboutique.com