GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (“General Terms and Conditions”) define the terms and conditions of sale between NMGC S.r.l. represented by its Managing Director Mr. Giacomo Cova , having its headquarter in Busto Arsizio (VA), via Fratelli d’Italia n. 5, VAT n. IT03724240126 (“NMGC” or “Seller”) and the buyer who acts for his/her own personal purposes, and not professional purposes (“Customer”) and who intends to buy the products offered by NMGC (“Products”)using the website https://www.nadiamanzato.com (“Website”).
The contracts established between the Seller and the Customers, acting in Italy and for personal purpose, are subject to the legal provisions regulating distance contracts as set forth in Articles 51 and following of Italian Legislative Decree no. 206/2005 (Consumer Code), as amended by Italian Legislative Decree no. 21/2014 in implementation of directive 2011/83/EU.
In this case the Customer is a consumer who has reached adult age and is resident in Italy.
NMGC can amend the General Terms and Conditions at any time. The Parties understand that they will refer to the version of the General Terms and Conditions published at the time when the contract is concluded. MMGC shall not, under any circumstances, be bound by conditions established unilaterally by the Customer.
At the time of placing the order, which must be fully completed and contain the elements required to precisely identify the ordered Product, the Customer must declare:
- if resident in Italy, that they are a consumer, pursuant to the definition set forth in Article 3, paragraph 1 letter A) of the Consumer Code;
- that they are of adult age;
- that the data provided for the performance of the contract are correct and truthful;
- that they have viewed and fully accepted the General Terms and Conditions indicated on the Website.
The General Terms and Conditions form an integral part of any proposal, purchasing order and purchasing order confirmation regarding the Products.
For any need, the Customer can contact the Seller at the e-mail address: email@example.com.
NMGC will respond to customer requests within the next 48 hours; requests sent on Saturday and / or Sunday and / or in the Italian national holiday rounds, will be taken on the first following working day.
SOLD PRODUCTS AND CHARACTERISTICS
NMGC via the Website, proposes the sale of the Products, defined as different types and models of wedding and ceremony dresses in size and made-to-measure, handcrafted and only upon order. Each Product is handmade and realized entirely in Italy
Made-to-measure clothes are crafted on the basis of the information provided by the Customer through the use of the “Form measures” on the Site. The Customer assumes full responsibility for the data communicated using the “Form measures”. NMGC is not responsible for any imperfections in the dress due to the information provided by the Customer using “Form measures”. NMGC undertakes only to produce the dress based on the measures communicated by the Customer using the “Measure Form”. Each product is sold individually. On the Website, the Customer can find the image of each product, with the description of the main characteristics (materials and fabrics used) and the relative price. About Products in size, in order to identify the right size, the Customer can check the measures corresponding to each size by consulting the tables on the Website and, more precisely, at the following link SIZE GUIDING. Each product is accompanied by a certificate of authenticity signed by Nadia Manzato as well as by a Product sheet and /or label showing the composition of the Product, the CE marking and the indication “Made in Italy”.
CONCLUSION OF THE CONTRACT
In order to make a purchase, the Customer must select one or more Products they wish to buy and add them to the “basket”, where the Customer can find a summary of the Product price, applicable VAT, the characteristics of the selected Product, the shipping costs are included in the price of the Product and the estimated times of delivery.
The purchasing operations continue with the Customer registering on the Website, which is completely free of charge. During the registration process, the Customer must communicate their personal data, also required for invoicing, and guarantee that these are truthful. The Customer undertakes to promptly notify NMGC of any changes to their personal data provided during the registration process, by the Seller a notice to this effect.
Following registration, the Customer must add the shipping address for the purchased product and the payment details required in the section provided below.
The shipping address can be different from the Customer’s address of residence. Indeed, Customers wishing to send a gift can have the Seller send the purchased Product directly to the recipient.
The contract of sale for the Product shall be considered concluded and finalised when NMGC receives the payment of the price from the Customer (by the methods described in Article 4 of the General Terms and Conditions).
When the payment is received in full, the order will be considered finalised. At this point, NMGC will send the Customer an order confirmation email containing the summary of the confirmed order and a detailed indication of the Product(s) ordered, the relative characteristics, the total purchasing price and the delivery methods and times. Price will include shipping costs but not custom duties. The Customer confirms that they have acknowledged payment terms.
The order, which is viewed by the Customer and sent by email by NMGC, contains all the essential elements of the contract, including all the information required by law. The Customer must check the order and verify that the information contained therein is correct and complete.
PRICES AND PAYMENTS
The price and main characteristics of the Products on the Website are indicated alongside the relative Product, with indication of the sizes available for the Product,
as well as the indication of the possibility of made-to-measure crafting the Product.
The prices are expressed in Euro and include VAT and shipping costs. Custom duties are therefore not included.
For shipping costs check following article 5.
Customs duties are not included in the price and are always charged to the Customer, even if the Product is delivered to a person other than the Customer such as, for example, the recipient of the gift. The amount of these customs duties is at the discretion of the customs agency within the destination country and is determined, in part, by the value of the object. Therefore, it will be the Customer’s responsibility, before purchasing, to check with their country’s customs office which additional costs will be applied to the order. In no case shall NMGC be responsible for this failure by the Customer to do so nor will it be required to pay customs duties.
The prices of the Products can be changed at any time by the Seller, with no prior notice. Therefore, if a Customer adds a Product to the basket but fails to conclude the purchase, there is no guarantee that the price will remain the same.
The information and, in particular, the prices viewed on the Website can be incorrect due to system errors. The Seller constantly undertakes to prevent this type of error from occurring but cannot guarantee that it will not occur. Orders with amounts calculated based on erroneous information or prices will be automatically cancelled by the Seller. If the price viewed is lower than the effective price of the product, the Seller will contact the Customer via email to cancel the order or provide instructions on how to pay the balance for the difference in price.
The Products must be paid for by credit card or using the digital payment platform Paypal.
In case the Customer fails to pay the price, the contract shall be considered as not having been concluded.
DELIVERY AND SHIPMENTS
The purchased Product in size will be shipped by the Seller to the address indicated by the Customer within 6 weeks from confirmation of receipt of payment. Orders passed after 2pm on Fridays and on Saturdays and Sundays will be processed on the following Monday. Orders passed on national holidays in Italy will be processed on the next working day.
The made-to-measure Product purchased will be shipped by the Seller to the address indicated by the Customer within 16 weeks following confirmation of payment. Orders placed after 2.00pm on Friday, Saturday and Sunday or during national holidays in Italy will be processed on the next working day.
The customer of made-to-measure Product, at the time of purchase, may specify the urgency to receive the purchased Product; this will involve the application of a percentage increase on the cost of the Product, thus determined:
– 10% more for shipping within 12 weeks of confirmation of payment;
– 15% more for shipping within 10 weeks of confirmation of payment;
– 20% more for shipping within 6 from confirmation of payment.
Orders are shipped worldwide via DHL Express (Italy) s.r.l. (“DHL”) or FedEx.
Delivery and shipping times are indicated on the Site after the Customer has filled in the shipping data. If the Customer has indicated a delivery address outside the European Union, customs charges will not be counted but they will be Customer’s responsibility.
Delivery times are to be considered indicative and subject to delays in exceptional cases of bad weather or for delivery to under-serviced areas.
The Customer or the recipient of the Product, upon receipt of the same, must check its integrity, quality and type; should the Customer harbour any doubts about the integrity of the same, they must indicate these on the delivery receipt, indicating their reservation in writing, or that the package is damaged or refuse to accept delivery of the damaged package, redelivering the same to DHL or FedEx.
For every order passed on the Website, the Seller will issue an invoice for the shipped Product. The invoice will be sent by ordinary mail, email or in paper form directly with the Product.
The invoice will contain all the information provided by the Customer during the purchasing procedure.
Once the invoice has been issued, it will no longer be possible to make any changes to the data indicated therein.
Orders placed on the Site from 1st August to 31st August will be processed on 1st September; orders placed on the Site from December 20th to January 6th will be processed on January 7th; therefore the 6 weeks scheduled for the shipment of the Product will start to run respectively on September 1st and January 7th, therefore, the scheduled delivery times for the Product will start to run on September 1 and January 7 respectively.
RIGHT OF RECONSIDERATION AND RIGHT TO WITHDRAWAL
The Customer has a period of three days, which will start to run from the stipulation of the contract, to cancel the order, without having to provide any reasons and without having to pay any penalty.
The right of reconsideration can be exercised by the Customer by sending a specific e-mail communication to firstname.lastname@example.org .
When the Seller receives the communication from the Customer, it will ask the latter to state the reason why they have exercised their right to withdrawal for statistical purposes only.
For made-to-measure Products, and therefore completely customized, since the Product is made in accordance with the preferences and needs of the Customer, it is not possible to exercise the right to reconsider.
Only Customer, who has purchased a Product in size, has a period of fourteen days, which will start to run from the day of the delivery of the Product to the Customer or recipient via DHL to withdraw from the contract, without having to provide any reasons and without having to pay any penalty. The right of withdrawal does not apply to the supply of goods custom made or clearly personalized and therefore, for made-to-measure Products.
The right to withdrawal can be exercised by the Customer of a Product in size by sending a communication to this effect by email to the address email@example.com, using, for such a communication, the module of termination found on the Website at this link MODULE OF TERMINATION.
In case of exercise of the right of withdrawal, the Customer can provide for the return:
(a) by delivering the Product free of charge by appointment at the workshop located in Gallarate (Va), via Adige n. 19, bringing the proof of purchase;
(b) via traceable shipping method to the following recipient: Nadia Manzato, via Adige n. 19, 21013 Gallarate (Va). The product to be returned must be boxed in the original packaging; the shipment will be at the expense of the Customer, together with a copy of the withdrawal form previously sent by e-mail to firstname.lastname@example.org.
In the event of a manufacturing fault, the shipping costs for returning the Product to the Seller will be paid by NGCM. In all other cases, the shipping costs to return the Product will be charged to the Customer. In any case, any custom duties will always be charged to the Customer.
To be accepted by the Seller, the Product must be in original condition, free from wear and tear, make-up, abrasion or stains and must not have been worn, altered or washed. Any label must be left attached. Furthermore, the Product must be returned in the packaging.
NMGC suggests trying the Product as soon as it is received to make sure it can be returned in time. NMGC also suggest trying the Product after the shower to avoid contact with a moisturizer, deodorant or make-up. Furthermore, NMGC asks the Customer to try the product on clean, carpeted or tiled floors.
All the Products will undergo a further quality control upon return. Once received the Product integrity and authenticity will be verified; the Seller will refund the price within 10 working days from the receipt of the Product. If, for any reason, the Product does not meet the requirements for the return, the same will be returned to the Customer, with debit of the shipment and the price of the Product paid by the Customer will not be refunded.
The refund will be made using the same payment method as that used by the Customer, unless the latter expressly agrees otherwise and will be equal to the amount paid by the Customer minus any shipping costs and customs duties due for return.
The Customer is responsible for the loss or damage of the Product until the actual redelivery to the Seller.
Please note that the Products are handcrafted and, therefore, any small imperfections, colour nuances, streaks or other are not always avoidable or eliminable, even with the most accurate choices. These characteristics are therefore not to be considered defects / faults, but rather typical aspects of a natural product of Italian manufacture.
For made-to-measure Products, even following the instructions provided by the Customer using the “Measurement Form”, some tailoring adjustments to the Product may be necessary. These adjustments must be made at the Customer’s expense and care.
All the Products on the Website are accompanied by a guarantee of authenticity. All the Products are handcrafted in Italy by the stylist Nadia Manzato.
NMGC reserves the right, at its sole discretion, to not proceed in shipping Products, even after having accepted the order, to Customers who have exceeded their credit limit or have ongoing disputes or overdue payments.
Every Product sold by NMGC is a handmade creation based on experience, research and passion; therefore, each Product is unique. The photographs present on the Website are shown for illustrative purposes only. Any slight differences between the delivered Product and the photographs published on the Website shall not be considered defects of the delivered item but, on the contrary, are to be considered characteristics of the handicraft production.
NMGC shall not be liable for any missed deliveries or delays or for any damage or faults of the Products caused by events unrelated to its reasonable control, including, without limitation, strikes, system interruption or network access, flood, fire, accident, etc.
The Website contains links that refer to other Internet websites, owned by third parties. The Customer acknowledges that NMGC is not responsible for these sites and / or for their content.
PERSONAL DATA PROCESSING
The personal data provided by the Customer will be processed in conformity with the provisions of European Regulation 2016/679 and its subsequent amendments and additions. For this purpose, NMGC provides the Customer with a notice to this effect which is always available on the Website.
The contract and the documents relative to the orders are stored and filed by NMGC at the workshop Nadia Manzato, in Gallarate (Va), via Adige n. 19, on its premises. The Customer can ask to access and view these documents and, if necessary, obtain a copy of the same, by sending a written request to NMGC, at least seven working days in advance, using the following email email@example.com.
In any case, the Customer is always required to keep and save both a digital and paper copy of the contract.
This contract is governed by the Italian law and, in particular, by the Consumer Code.
For any matters not expressly referred to in these general terms and conditions of sale, reference shall be made to the Italian law in force.