Terms and Conditions
1.1. The general sales conditions apply to the sale of “Nappynat” make products (hereinafter “Products“) made through the Nappynat.it e-commerce site (hereinafter the “Site“) by users qualified as “Consumers” pursuant to the subsequent article 1.2. The site, owned by Olive SRL, having its registered office in Prato, via Paronese 133, tax code, VAT and registration number in the Prato Trade Register 02285950974.
1.2. Olive SRL deals with the sale of Products through the Web Site. The Products purchased made through the Site shall be seen as part of Olive SRL, whose vendor (hereinafter the “Vendor“), and the subject who purchases one or more Products for purposes not related to its own entrepreneurial, commercial artisanal or professional activity, as purchaser (hereinafter “Consumer“), (Vendor and Consumer shall be collectively referred to as the “Parties“).
1.3. The Owner is part of these general sales conditions and holder of the site domain and name rights in relation to the products shown on this Site, as well as of the copyright contained on the Site.
1.4. Any of the communication connected to and/or related to the purchase of products - including any reports, claims, demands concerning the purchase and/or delivery of products, exercising the right of withdrawal, etc. - must be sent to the Seller at the address and in the manner specified on the Website and to e-mail email@example.com
1.5. Every purchase is governed by the general sales conditions in the version that will be published on the Site at the time the order is placed by the Consumer.
1.6. The site is dedicated to retail sales and as such is understood as being for the exclusive use of the Consumers. They are advised not to execute order from persons who are not consumers. Whenever one or more sales are carried out on behalf of a person who is not qualified consumer, these general conditions of sale shall apply but, in derogation of their provisions:
- a) the purchaser shall not be entitled to the right of withdrawal pursuant to article 10;
- b) the acquirer shall not benefit from the Product warranty to which reference is made in article 8;
- c) the purchaser shall not be afforded any protection provided herein in favour of the Consumer, which reflect and are compliant with the mandatory provisions of law;
- d) the sales contract between the Seller and the Buyer shall be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7. At the time of transmitting the purchase order, the Consumer agrees that the confirmation of the information about the order and the present general conditions of sale are sent its email address given during the registration on the Site, or during the purchasing process.
1.8. To make purchases through the Site, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess..
1.9. Any costs to connect via the internet, including via the telephone, are the sole responsibility of the Consumer, based on the rates applied by the operator selected by the consumer himself.
2.1. The products are sold with the characteristics described on the site and according to the general terms and conditions published on the Site when ordered by the consumer, to the exclusion of any other condition or term.
2.2. The Vendor reserves the right to modify these general sales conditions at any time, at its own discretion, without the need to provide any notice to the Site users. Any changes made shall be effective from the date they are published on the Site and shall only apply to sales concluded from this date.
2.3. Prices, Products sold and/or their characteristics are subject to variations without notice. Before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sales price.
2.4 The Site can be accessed from anywhere in the World. However, the Products available on the Site can only be purchased by users which require them to be delivered to one of the States which are indicated on the Site.
3.1. The presentation of products on the site, not binding on the seller, is a mere invitation to the consumer to make a purchase contract proposal and not a public offer.
3.2. The purchase order sent by the Consumer to the Vendor through the Site has the value of the proposed contract and is governed by these general terms and conditions, which form part of the order and that the consumer, through the transmission of the order to the Seller, is obliged to accept fully and without reservation. Before buying the products, through the submission of the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, print a copy using the print command and save or reproduce a copy for their own personal use. Moreover, the Consumer will be requested to identify and correct any errors in his own details.
3.3. The Consumer’s purchase order is accepted by the Vendor by sending the consumer an e-mail at the email address stated by them to the Vendor at the time of registration on the Site or sending the order if the consumer is not registered on the Site , which will give the link to the text of these general conditions of sale, the order summary and the description of the characteristics of the Product ordered. The Consumer’s, the Vendor’s order confirmation and the general terms and conditions applicable to the relationship between the Parties will be stored electronically by the Vendor in their computer systems and the Consumer can request a copy by sending an e-mail to the Vendor at address firstname.lastname@example.org address
3.4. Any purchase contract for Products shall be concluded at the time when the Consumer receives the confirmation of the order from the Vendor via e-mail.
4.1. The Products presented on the Site may be purchased by selecting the Products in which the Consumer has an interest and their entering into the appropriate virtual purchasing box. After the Products have been selected and in order to continue with the Purchase of what has been entered into the box, the Consumer shall be invited to:(i) register on the Sito, by providing the details requested, or (ii) login, where the Consumer has already registered or (iii)provide their details in order to complete the order and allow the contract to be concluded. If the data specified in the order are different from those provided during registration to the site, will be required to the consumer to confirm their data (including but not limited to: name, surname, etc.), as well as the address for the delivery selected products, billing address and optionally a telephone number where to contact him for any communications related to the purchase. The Consumer will display a summary of the order to be executed, whose content may be modified: thus, the consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check box present on the Site and, finally, through the "Enter Order" button, the Consumer will be required to confirm their order, which will then be definitively sent to the Vendor and will produce the effects described in the previous paragraph. 3.2 of this contract.” The Consumer will also be asked to select the means of shipping and payment methods from among those available. Where the Consumer opts for the immediate means of payment (at the time of making the purchase) by credit card or PayPal, it shall be obliged to sent the related details by means of protected connection. For accounting and administrative purposes, the Vendor reserves the right to check the details indicated by the Consumer. Where the payment is made via credit card, the purchase amount shall only be charged at the time of sending the confirmation of the order by the Vendor to the Consumer.
5.1. The Site indicates the availability of the Products and their delivery times, but, this information is only to be deemed indicative and not binding on the Vendor.
5.2 The Vendor undertakes to make every effort to meet the delivery timing indicated and, in any case, to make deliveries within a maximum of 30 (thirty) days from the day after the customer has sent the order. If an order is not completed by the Vendor, due to even temporary non-availability of the product, the Vendor will inform the customer in writing and will provide, at the customer’s request, to refund any amounts already paid by the Consumer for the Payment of the Product pursuant to para. 5.3 below. If the consumer has chosen the bank transfer as the mode of payment the delivery time will run from the receipt of the payment by the Seller.
5.3. The shipment of the Products ordered by the Consumer will be in the mode selected by the Consumer, from among those available and indicated on the Site when sending the order. The Consumer undertakes to check promptly and in the shortest period possible that the delivery includes all and only the products purchased and to inform the Seller of any defects in goods received or other deviations from the order made through the procedure of referred to in art. 8 of these general sales conditions, otherwise the products shall be deemed to be accepted. If the package or wrapping of the products ordered by the Consumer with obvious damage on arrival at the destination, the Consumer is invited to refuse delivery by the carrier/forwarder or to accept the delivery “with reservation”.
5.4. DELIVERY TIMES: the shipments are made within the working days (from the Monday to the Friday). DHL warrants the delivery throughout the whole of Italy within 24-48 hours, up to a maximum of 72 hours at the locations the furthest away from Tuscany or else difficult to reach. To shorten the delivery times as much as possible, we advise that orders are placed by 1 p.m..
6.1. The price of the Product is the one indicated on the Site at the time of sending the order by the Consumer. Prices are inclusive of standard packaging costs and VAT (if applicable) and any indirect taxes (if applicable), and do not include shipping costs that are calculated before the order confirmation sent by the Seller to the Consumer and that the same consumer agrees to pay to the Vendor in addition to the price displayed on the Site.
6.2. The consumer will have to pay the Vendor the total price, as shown in the order and order confirmation sent by e-mail by the Vendor to the Consumer.
6.3. If the Goods to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the consumer hereby agrees to pay, when due, in addition to the price indicated in the order and confirmed in the order confirmation, as provided by law of the country where the products will be delivered . The consumer is invited to check with the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination to the products.
6.4. The consumer is solely responsible for any possible additional costs, charges, tax and/or duty that a given country may apply, in respect of each individual product ordered pursuant the these general conditions of sale.
6.5. The Consumer declares that ignorance of the costs, charges, duties, fees and/or stamps pursuant to paragraphs 6.3. and 6.4., C. when sending an order to the Vendor, shall not constitute grounds for the present contract to be terminated and which shall not in any way be charge to the Vendor
7.1. The payment of the price of the Products purchased through the Site must be made within deadline of 10 (ten) days from the date of transmission of the order confirmation by the Vendor to the Consumer. The Consumer expressly agrees that the execution of the contract by the Vendor will begin at the time of the accreditation of the price(s) purchased on the Vendor’s current account.
7.2. The payment may be made using a credit card or through PayPal, pursuant to the conditions described below. The Vendor may allow other means of payment, showing these in the Site’s payments section.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and credit card information will be communicated directly to Global Collect Service BV, with its registered office in Amsterdam (Netherlands), via Planetenweg 43-49, 2132 HF , Hoofddrop, registered with the Chamber of Commerce of Amsterdam under number 34140462 beng the operator that deals with the payments on behalf of the Vendor The transmitted data will be sent in secure mode, by means of cryptographic transfer of data with 128-bit SSL (SecureSocketLayer). These details will not even be accessible to the Vendor.
7.4. If payment is made via bank transfer to the Vendor, the consumer will have to indicate the "Swift" and "IBAN" codes listed in the order confirmation, and the serial number.
7.5. The Vendor shall promptly send the Consumer, if required by applicable law, in electronic format by e-mail at the address stated by the same, the relative purchase receipt, if the purchased items are to be delivered in Italian territory; attached in paper format to the purchased products, in all other cases
8.1. Pursuant to the effects of European Directive 44/99/CEand of Italian Legislative Decree no. 206/2005 (Consumer Code), the Vendor warrants to the Consumer that the products will be free from defects in design and materials and compliant with the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The warranty shall not apply in the event of the use or washing of the Product which is not compliant with that specific to the Product and/or does not comply with the Product instructions/warnings provided by the Seller and/or the Manufacturer, or in the illustrated reference documentation, tags or labels.
8.2. Provided that this warranty is in force, the Consumer has the duty to report any defects and non-compliance no later than 2 (two) months from discovery, by sending the correctly completed form to the Vendor Client Service, at e -mail address email@example.com, indicating the defect and/or non-compliances identified as well as the relevant documentation mentioned in the form itself (at least no. 1 (a) photograph of the Product, the confirmation of the order sent by the Vendor and/or the tax receipt).
8.3. After receipt of the form and relative documentation, the Vendor will evaluate the defects and non conformity reported by the Consumer through the Manufacturer’s Customer Service Department and, after performing quality controls to ascertain the effective non conformity of the products, will decide, at its discretion, whether to authorise the return of the products, providing the Consumer with a reply via e-mail containing the “return code” at the address indicated by the latter in the process of registration on the website. Authorisation to return the products shall not be construed in any way as an admission of defects or non conformity, which will be ascertained after return. Products for which the Vendor has authorised return shall be returned by the Consumer, with a copy of the communication authorising their return showing the “Return Code”, within 30 (thirty) days of reporting the defect or non conformity, to the following address: Olive S.r.l. Via Paronese 133, c.a.p. 59100 Prato (Po) – Italia.
8.4. If the Vendor is required to refund the Consumer for the price paid, the refund will be made by wire transfer or, where possible, using the same means of payment used by the customer at the time of purchase of the product. The Consumer is responsible for informing the Vendor, again via e-mail to firstname.lastname@example.org, of the bank details at which to make the bank transfer and so that the Vendor is in a position to be able to return the amount owed.
9.1. With regard to any damages caused b Product defects, the provisions of European Directive 85/374/CEE shall apply as shall Italian Legislative Decree 206/2005 (Consumer Code). The Seller, in the quality of the products’ distributor through the Site, is free from any responsibility, none excluded and/or excepted, indicating the name of the related product manufacturer.
10.1 The Consumer is entitled to withdraw from any contract entered into pursuant to these general conditions of sale, without penalty, within 14 (fourteen) days after (i) the product has been delivered, or (ii) in the case of several products having been brought and delivered separately by a single order, the last product has been delivered.
10.2 To exercise the right of withdrawal, the consumer must inform Olive Srl, before the expiration of the term referred to in paragraph 10.1 by sending an explicit declaration to Olive Srl, via the contact form or by e-mail customercare@ oliveitalia.com, notifying it of its decision to withdraw using the attached withdrawal form.
10.3 Based on the provisions of the preceding paragraph 10.2 the consumer will receive a confirmation email for the exercise of withdrawal, containing the Return code.. No later than the following 14 days, the Consumer will have to write down the return code on the form referred to in the previous point 10.2 and return the products to Olive Srl, together with the form referred to in paragraph 10.2 suitably filled in and containing the Return Code, to:
Via Paronese 133
59100 Prato (Po) – ITALIA
10.4 If the Consumer has received the product, he shall return it to Olive S.r.l. without undue delay and, in any case, within 14 days from the day in which the withdraw has been communicated. The period is respected if the goods are returned before the end of the 14-day period. The risks and direct costs of the return of the goods will be for the customer’s account.
10.5 If you cancel you will be refunded the payments you have made, including the cost of delivery (except for additional costs arising from any choice of a different type of delivery than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days after the exercise of withdrawal. Refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund by a different means of payment, in this case any additional costs arising from the different means of payment will be incumbent upon the Consumer. Repayment may be suspended until receipt of the goods or until proof of return by the customer is received, whichever comes first.
10.6 I The Consumer is liable for any diminished value of the goods resulting from a different handling than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the goods returned are damaged (i.e. show signs of wear, abrasion, scraping, scratching, chipping, etc.), or are incomplete with all their parts and accessories (including labels and tags undamaged and attached to the products), missing the instructions/notes/manuals attached, not in the original packing or wrapping and missing the warranty certificate, if any, the customer will be held responsible for the loss of value and will be refunded only for the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the product beyond what is strictly necessary to establish the its nature, characteristics and functioning and replace the original wrapping of the Products with additional protective packaging to preserve its integrity and to protect it during transport including from writing or labels.
11.1. The Consumer declares that it is informed that all trademarks, trade names, as well as any distinctive sign, name, image, photograph, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Olive S.rl. and/or its assignees, without the accessing or purchasing of the Products from the site affording any consumer rights over them.
11.2. The contents of the Site may not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Olive S.r.l.
12.1. In order to register at the end of the order, and therefore at the conclusion of this contract, certain personal details of the Consumer are requested through the Site. The Consumer acknowledges that the personal data will be recorded and used by the Seller and by ) Olive Srl, in accordance with and compliant with the rules laid down in Italian law D.Lgs. No. 196/2003 as amended – Privacy Code, to give effect to each purchase made through the Website and, subject to your consent, for any additional tasks as indicated in the specific privacy statement provided to the Consumer through the website during registration.
12.2. The Consumer declares and warrants that the details provided during the registration and purchasing process are accurate and true.
12.3. The Consumer may update and/or modify its own details provided to the Vendor through the appropriate section of the “My Account” site accessible following authentication.
13.1. Even if the Vendor adopts measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, on account of the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Vendor cannot guarantee that any information or data displayed by the Consumer on the Site, even after the consumer has provided authentication (login), are not accessible or viewable by unauthorised third parties.
13.2. The Vendor, with regard to records relating to payments by credit card, makes use of the Global Collect Service BV services which adopts technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14.1. Every sales contract between the Vendor and the Consumer pursuant to these Terms and conditions will be governed by and construed in accordance with Italian law and in particular by Legislative Decree No 206 of 6 September 2005 of the consumer code, with specific reference to the rules in relation to remote contracts and legislative decree no 70 of 9 April 2003 on certain aspects concerning digital trade. In any case, this shall be without prejudice to the rights possible assigned to Consumers by the mandatory provisions of current law in the Country of the latter.
14.2. In the case of disputes between the Vendor and Consumer, we hereby guarantee our readiness to reach an amicable settlement with regard to any dispute that any Consumer may refer to RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which makes it possible to reach a satisfactory agreement, with the help of a competent and neutral conciliator, in a friendly and safe way over the internet. For additional information on the RisolviOnline regulation or to send a conciliation request, go to www.risolvionline.com.
14.3 If you do not adhere to the attempt at conciliation referred to in clause 14.2 or if such an attempt were to fail, the dispute shall be referred exclusively to the Court of Milan, except in cases where this provision is not applicable because of the binding law in the country of residence of the Consumer.