Terms & Conditions
Users who use the Services offered by Isabel Benenato declare that they know and accept these general terms and conditions.
Data controller
Isabel Benenato and related Services
Address: Lucca, Via T. Nuvolari 83, 55061, Italy
Chamber of Commerce of Lucca
Tax code / VAT number: 00134110469
Paid up share capital: € 208.000,00 interamente versato.
email: info@isabelbenenato.com
pec: noba@pec.it
For NO.BA SRL, Isabel Benenato, No.Ba and ISABELBENENATO.COM we mean the same object.
INFORMATION ABOUT NO.BA SRL
ISABELBENENATO.COM is the official website of NO.BA SRL.
Through the site, the User can purchase Isabel Benenato brand products online.
CONTENT PROVIDED BY THE USER
Users are responsible for their own and third party contents that they share on NO.BA SRL, by uploading them, inserting contents or by any other means. Users release the Owner from any liability in relation to the unlawful dissemination of third party content or the use of NO.BA SRL, in ways that are contrary to the law.
The Owner does not carry out any kind of moderation of the content published by the User or third parties, but undertakes to intervene in the face of reports from Users or orders issued by public authorities in relation to content deemed offensive or illegal.
RIGHTS ON CONTENT PROVIDED BY USERS
The only rights granted to the Owner in relation to the content provided by the Users are those necessary for the operation and maintenance of NO.BA SRL.
CONTENT PROVIDED BY THIRD PARTIES
The Owner does not make any prior moderation on the contents or links provided by third parties shown on NO.BA SRL. The Owner is not responsible for such contents and their accessibility.
REGISTRATION
In order to use the Service or part of it, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions.
The User has the duty to keep their login credentials.
ACCOUNT CANCELLATION AND USER ACCOUNT CLOSURE
Registered Users can deactivate their accounts, request their cancellation or stop using the Service at any time, through the NO.BA SRL interface or by contacting the Owner directly.
The Owner, in case of violation of these Terms, reserves the right to suspend or close the User's account at any time and without notice.
PURCHASE
PURCHASE PURCHASE PROCEDURE
Each order sent constitutes an offer for the purchase of products. Orders are subject to availability and the owner's discretionary acceptance. The User must select the products and check out, after carefully checking and possibly modifying the information contained in the order summary. The order is placed by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the order summary form.
The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place at the time of sending the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order by communicating to the User within 20 days of purchase, at the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case, the Owner will refund the price and shipping costs incurred by the User.
The prices published on the site, the payments and the invoices of the orders are in Euros. To help customers approximate the Euro value in their local currency, our site has a currency converter. The amount that will be charged to your credit card or your PayPal account may vary as it is based on floating exchange rates and bank charges.
AVAILABILITY OF PRODUCTS
The prices, descriptions or availability of the products displayed are subject to change without notice.
Once the order request has been received, NO.BA reserves the right to reconfirm the availability of the items purchased. In the event that the items ordered are not available, or if for some reason the order cannot be processed as per the customer's request, customer service will promptly notify the customer.
ONLINE ARTICLES AND IMAGES
The photos inserted are indicative and do not constitute a guarantee of the quality of the products. NO.BA declines all responsibility for the possibility that, due to a particular configuration of the computer used or its malfunction, the colors of the products displayed on the site may be slightly different from the original ones.
The images contained on the site are owned by NO.BA S.r.l. and any use of such images not authorized by a written consent from NO.BA, will be prosecuted according to the law.
EXECUTION OF THE ORDER
The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the product ordered.
The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.
DELIVERY
Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary. Upon delivery, the User must check the content by specifying any anomalies in the delivery form.
In case of failure to collect within the deadline set by the carrier, the products will be returned to the Owner, who will refund the price of the products but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage occurring to the Products after delivery to the carrier or for delays in delivery to the latter. attributable.
RIGHT OF WITHDRAWAL
In case of purchase of products or services on NO.BA, the User has the right to withdraw from the contract without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the goods.
To exercise the right of withdrawal, the User is required to inform the Holder of the decision to withdraw through an explicit declaration sent to the indicated contacts. If the product received is different from the one ordered (size, color, model, etc.) or defective, the return service will be free and the full value of the product and the proportional part of the shipping costs will be re-credited.
If the product received is not the correct size, and there has been an error on the part of the User in selecting the product, or for reasons not attributable to an error on the part of NO.BA, in these cases the cost of shipping the product will be € 25.00 and the total amount of the product will be credited, net of initial shipping costs. Unworn items can be returned within 14 days from the date of receipt of the goods. The security thread, if present, on the items to be returned must not be cut or broken.
RETURN INSTRUCTIONS
To request the return authorization, it is necessary to send an email customer@isabelbenenato.com explaining the reason for the return. Customer service will send a confirmation via e-mail, containing the Return Authorization Number (R.A.N.), the shipping label and the instructions to be followed to return the goods. If the return is sent back using a different courier, all costs will be charged to the customer.
REFUND
The refund will be made as soon as the return will arrive at the No.Ba warehouses and the items will be verified. For orders paid by credit card, the refunded amount will be avaiable to customers in about 10 days and will still be visible on the next extract against the card. The timing may vary slightly depending on the bank circuit of the credit card used. For orders paid by PayPal or by bank transfer, the amount will be returned to the origial account. Refund will be issued in teh same currency as the original purchase. Any differences in amount due to the fluctuation of the exchange, will not be refunded.
TERMS AND CONDITIONS OF RETURNS
The security thread on returned items must neither be cut nor broken. The garments must not have been worn, washed or altered and must not show any signs of use. Each garment must be returned with all the characteristics and tags attached, and including all the packaging and original accessories (dustbags, hangers, clothes covers, etc.) received with the order. All accessories must be returned together with their original box, which is considered to all intents and purposes, an integral part of the product itself and which must not have been in any way damaged and / or altered, nor used as a single external packaging. Returns must be shipped inside the box in which they were sent by NO.BA.
NO.BA reserves the right to request photographic evidence before authorizing returns for defective goods and bear the shipping costs for the return of the goods to its premises. Authorized returns must be shipped from the same country in which the original order was delivered. NO.BA reserves the right not to accept returns sent with couriers other than that indicated in the e-mail with the return instructions if the delivery involves additional costs or requires collection at a branch of the courier. NO.BA also reserves the right to refuse unauthorized returns or returns that do not comply with all the conditions provided. In these cases the goods will be returned to the sender at the original shipping address. For all aspects not specifically expressed, the European legislation for distance trading prevails.
LIMITATIONS ON THE RIGHT OF WITHDRAWAL ON PRODUCTS
Damaged or used products, even if only partially, are not replaced or refunded. The User must insert a copy of the delivery document received inside the packaging box.
The right of withdrawal does not apply: to goods made to measure or clearly personalized or which, by their nature, are likely to deteriorate rapidly, are sealed and not suitable for return for hygienic reasons or are connected to the protection of health and have been open after delivery.
WARRANTY
The consumer user has the right to a guarantee on the conformity of the products and services purchased. The guarantee has a duration of 24 months starting from the delivery of the goods and the lack of conformity must be communicated to the Owner within 2 months of discovery.
To exercise the right of guarantee, the User must send an e-mail to the Owner indicating the order number and an accurate description of the defect (it is advisable to also attach photographic material).
All elements are essential and will be verified by the Owner before responding to the User.
If the lack of conformity of the product is ascertained, the User has the right to obtain, after returning the defective product to the Owner, its repair or replacement. The User also has the right to request from the Owner a reasonable price reduction or the termination of the contract if the repair and replacement are impossible or excessively onerous, the Owner has not repaired or replaced the goods within a reasonable time or the replacement or repair previously carried out has caused significant inconvenience to the User.
To exercise the right to guarantee and for further information in this regard, the User is required to contact the Owner.
THE SERVICE IS PROVIDED "AS IS"
The Service is provided by the Owner "as is", without any express or implied guarantee as to its accuracy or availability.
INTERRUPTION OF THE SERVICE
The Owner reserves the right to add, remove features or features or suspend or completely interrupt the provision of the Service, both temporarily and definitively. In the event of a definitive interruption, the Data Controller will act as possible to allow Users to collect their information hosted by the Data Controller.
RESALE OF THE SERVICE
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of NO.BA SRL and its services and products without the express permission of the Owner, guaranteed directly or through a specific resale program.
INDEMNITY
The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated by the same, its representatives, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend themselves in court, which should arise in the face of damages caused to other Users or third parties, in relation to the content uploaded online, to the violation of the terms of the law or the terms of these conditions of service.
USE NOT PERMITTED
The Service must be used as established in the Terms. Users cannot:
• reverse engineer, decompile, disassemble, modify or create derivative works based on NO.BA SRL or any portion of it;
• bypass the computer systems used by NO.BA SRL or its licensors to protect the content accessible through it;
• copy, store, modify, change, prepare derivative works or alter in any way any of the contents provided by NO.BA SRL;
• use any robot, spider, search application and / or site retrieval, or any other device, process or automatic means to access, retrieve, scrape or index any portion of NO.BA SRL or its contents;
• rent, license or sublicense NO.BA SRL;
• defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others;
• disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
• use NO.BA SRL in any other improper way that violates these Terms.
PRIVACY POLICY
For information on the use of personal data, Users must refer to the privacy policy of NO.BA SRL.
INTELLECTUAL PROPERTY RIGHTS
All trademarks of the Application, figurative or nominative, and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear concerning NO.BA SRL are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.
AGE REQUIREMENTS
Users declare to be of age according to the legislation applicable to them. Minors can use NO.BA SRL only with the assistance of a parent or guardian. Under no circumstances may children under 13 use NO.BA SRL.
To place orders on isabelbenenato.com, customers must:
- be at least 18 years old;
- possess the necessary requirements to be able to stipulate legally binding contracts;
- have a valid e-mail address;
- have a valid credit card for payment: Visa, MasterCard, American Express or a verified PayPal account or bank account.
LIMITATIONS OF LIABILITY
The Owner, within the limits of applicable law, is liable for damages of a contractual and extra-contractual nature to Users or third parties only when these constitute an immediate and direct consequence, for willful misconduct or gross negligence, of the activity of NO.BA SRL.
The User expressly exempts and relieves the Owner from any liability, within the limits permitted by applicable legislation, in relation to any damages or claims of any kind and kind of his own and / or third parties including direct, indirect, punitive, incidental, special damages. , damages deriving from lost profits, lost revenues, data loss or replacement costs deriving from or otherwise connected with this agreement.
CHANGES TO THESE TERMS
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User through its publication within NO.BA SRL.
The User who continues to use NO.BA SRL after the publication of the changes accepts the new Terms without reservation.
ASSIGNMENT OF THE CONTRACT
The Owner reserves the right to transfer, assign, arrange by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights provided herein are not affected.
The User may not assign or transfer in any way their rights or obligations under the Terms without the written authorization of the Owner.
COMMUNICATIONS
All communications relating to NO.BA SRL must be sent using the contact information indicated in the Contract.
INEFFECTIVENESS AND PARTIAL NULLITY
If any clause of the Terms is found to be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain fully effective.
APPLICABLE LAW AND JURISDICTION
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner is based. The exclusive forum of the consumer is an exception, if the law provides for it.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
The consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link.
The Data Controller is available to answer any question sent by email to the email address published in this document.
DEFINITIONS
SERVICE
The service offered by NO.BA SRL as described by these Terms and within NO.BA SRL.
USER
The natural or legal person who uses the Service.
TERMS AND CONDITIONS (OR TERMS)
These general conditions of service, which constitute a legally binding agreement between the User and the Owner.
RECEIPT OF ORDER PROCESSING
Indicates the email that the Owner sends upon receipt of the order.
ORDER CONFIRMATION
Indicates the email that the Owner sends when the products are shipped confirming the shipment of all or part of the products purchased.
EXAMPLE OF WITHDRAWAL FORM
Addressed to the Data Controller [reporting the complete header]:
Hereby I / we (*)
we notify the withdrawal from my / our (*) sales contract
of the following goods / services: (*),
Ordered on (*) / received on (*),
Name of the consumer (s),
Address of the consumer (s),
Date.