NOVATESS – Loc. Casalino 5 – 14039 TONCO (AT) Tel. 0141-991139 – Fax. 0141-991742 P. IVA 00941640054 N. iscrizione CCIAA: AT – 68528 E-mail: info@vestilogo.it Web: www.vestilogo.it PEC: novatess@pec.novatess.it
The object of the contract is the trading of customized clothing that the selling society put on online sale, using the distance selling system by means of the web, through the website Novatess – Vestilogo (www.vestilogo.it)
The buying process will happen through the following modalities:
Upon the receipt of the order and the check of the granting, Novatess- Vestilogo will send to the recipient a confirmation e-mail to the e-mail or PEC adress given, and it reserves any right of withdrawal in case of non-observance of the contract and selling conditions, also including the case of non-payment by the supplier in the conditions and times requested and accepted by the client in the moment of the order confirmation.
“Buying conditions” are all those ones that are included in this contract, with the authority of Novatess – Vestilogo to modify them unilaterally and without a prior notification, subsisting exclusively a commitment of notification to the client within 5 days from the publication of the modifications.
The courier -carrier- will be independently and in his own responsible for any damage and any possible tampering of the package delivered to him, leaving, from this moment on, Novatess – Vestilogo, about the lacking, mistaken or decayed delivery of the merchandise that is sent and delivered from Novatess – Vestilogo to the carrier.
The delivery conditions of each carrier are valid, as much as they are compatible with these general selling conditions. If the client asks for it, Novatess – Vestilogo will stipulate with a trusted agent an insurance policy on the merchandise sent, communicating previously at the latter the cost of the policy and the maximum coverage insured and inserting the costs in the final amount that the client has to pay – in case of multiple deliveries and always upon request of the client, every single shipment will be insured with single charging on every delivery.
Possible customs duties will be entirely at the expense of the client, who, requesting or receiving merchandise in those countries where these duties are in force, will be considered an importer, and then susceptible to international or national laws provided for duties and import-export taxes.
If the sending country of the ordered merchandise is submitted to the SASO law, the client discharges Novatess- Vestilogo from the duty of certification requested by this law, assuming on his own every duty concerning the customs clearance of merchandises sent by Novatess – Vestilogo and the adjustment of SASO conditions that work for the linked merchandise’s sector.
Product’s payment can be done through one of the following modalities:
Customized merchandise will be realized on the basis of the informations and indications given by the client. The supplier doesn’t assume any responsability in case of sending of wrong or incomplete informations from the client. Novatess - Vestilogo is not responsible about the legal use of the client of images and contents relating to the provided material. Novatess- Vestilogo sends, through fax or e-mail, the drafts concerning the merchandise that has to be customized according to the indications given by the client; in any case Novatess – Vestilogo can be considered responsible for possible copying errors, transcription or reconstruction of logos or drawings, because the client’s agreement to the received drafts gives his written confirmation for the production. Novatess – Vestilogo is not forced to the restitution or the delivery of the material, of the images and of the possible printing plants given by the client or specifically realized for that purpose. Novatess – Vestilogo safeguards the privacy of the graphics realized and sent by the client, limiting the use of them ones only for the purpose demanded by the client. Novatess - Vestilogo safeguards, therefore, the graphics covered by copyright, keeping, on the other hand, intellectual property on the graphics realized ex-novo.
(Novatess – Vestilogo will not be responsible towards the Client and/or the beneficiary of the service, if they are different, for any type of damages, both direct and indirect, originated from possible errors of any kind of nature, concerning the printing/embroiding of the file sent from the Client or originated from the receiving of the wrong material).
Equally, Novatess – Vestilogo will not be responsible for direct and indirect damages, due to the lack and/or delayed delivery of the material for non attributable causes, or will not be responsible for any possible deterioration of the package.
The printing and embroiding plants are exlusive use of the client, but they are property of Novatess – Vestilogo and then they can not be delivered.
In accordance with article 59 of the Legislative Decree no. 206/2005 and its effects, the right of withdrawal is not applicable to the customized merchandise or the tailored one.
The client consumer has the right of rescind the buying contract, without monetary sanction and without specifying the reason, within the time limit of 14 days from the delivery date of the product.
The right of withdrawal can be exerted through the sending, within the indicated time limit, through a written communication to the Novatess – Vestilogo main office, through a registered letter with Advice of Delivery. The communication can also be sent, always within the same time limit, through telegram or certified e-mail, provided that the latter is confirmed by a registered letter with Advice of Delivery within the following 48 hours. The registered letter will be sent in due time considering the postmark’s date of the acceptor office.
The client consumer can also use the withdrawal form (attached 1), as expected from the Legislative Decree no. 21 of 21. February 2014.
Basic condition for the exertion of the right of withdrawal is the substantial entirety of the returned product. Therefore, the right of withdrawal will not be validly exerted in case of the client will not adopted appropriate measures to guarantee that the product can be returned in the same conditions it has been received (original packaging included).
The client who has exerted the right of withdrawal is required to return the product to the adress indicated in point 1.0 within 14 days from the date he exerted the withdrawal. The time limit is respected if the consumer sends back the goods before the deadline of the 14 days period. The necessary costs for the return of the product are paid exclusively by the client.
In case the client did one or more payments yet, these ones will be refunded by the seller within the time limit of 14 days from the date in which the latter will receive the goods or the consumer demonstrates the shipping of the goods, depending on what type of situation happens firstly, and without any costs for the client.
For any material (t.i. drawings, logos, writings or symbols) protected by copyright or royalties the Client declares, under his own responsability, the possession of the using permission, because he is the rightful owner or royalties beneficiary, or beeing authorized by the latter.
The Client, therefore, relieves Novatess – Vestilogo from any responsability in case the owner of the right ardesses to Novatess – Vestilogo because of a violation of the copyright and he commits to indemnify and hold harmless Novatess – Vestilogo from any possible claim and/or claim’s actions.
The Client, therefore, guarantees that the material sent to Novatess – Vestilogo not disobeys to further third party’s rights or imperative laws.
Informations, design, illustrations, technical data, indications about performances, size and weight indicated in the statements, catalogues, newsletters, announcements or lists of Novatess – Vestilogo are purely descriptive. Novatess – Vestilogo, even if it reports data provided by the producers in an accurate way, doesn’t assume any responsability about the correctness of these indications. Possible disruptions of the Internet line, that are not ascribed to the seller, can not be contested and/or charged to the latter for any eventual and/or possible damage caused to the client.
Legal guarantee of conformity
Legal guarantee of conformity (or Legal Guarantee) is expected by the Consumer Code according to art. 128-135 and establishes the responsability of the seller in case of non-compliance of the sold goods.
According to the contract, Novatess – Vestilogo expressly reserves the possibility that the products show minimum differences concerning the material characteristics, the color, the weight, the size, the slopwork and other similar aspects, towards descriptions and indications, catalogues or other Novatess – Vestilogo written or electronic documents, provided that those ones belong to the agreement limits of the client. Reasonable reasons can be caused by the typical market fluctuations and the productive processes.
Little qualitative differences among the products are due to the craft production and will not be considered production flaws.
Except for a different agreement of both parties, a 5% qualitative difference between the ordered and the delivered goods is accettable.
In this case a credit note will be issued, according to the value of the non-delivered items, and the corresponding amount will be returned to the client within 3 days from the issue of the invoice.
The Italian law or the Community legislation are implemented for all what is not expected by this general selling conditions.
For any controversy that raises and/or belongs to this contract, the only relevant body will be Vercelli’s jurisdiction, according to an expressed dispensation and a contract mutually agreed by the parties, at the conclusion of this present contract.
The condition of admissibility of the lawsuit will be the conciliation procedure or an equivalent process in order to solve the controversy, as an alternative to the legal action. This deflationary instrument will be obligatorily employed when the buyer is a foreign Company situated in a foreign Country.