1. The Terms and Conditions contained herein govern the sale of Clubielle branded products on the Website and through it between Nota s.r.l., with headquarters at via Euripide, 3 - 20145 Milano, Italy, VAT 08867460969, and users of the Website that purchase Clubielle products through it and apply to all sales made on the Website.
2. The general terms and conditions can be changed unilaterally and at any time, without notice, by Nota. The applicable conditions are those in effect at the time of completion of the purchase.
3. Each electronic step intended for the purchase of products is an integral and essential part of the sales contract.
4. These conditions apply to all jurisdictions worldwide, but in case some parts thereof conflict with the rules of a particular legal system, all the regulations not in conflict with it will remain in force.
5. To determine the jurisdiction of visitors and buyers, their IP addresses shall be stored.
7. Only users that are of legal age, have the capacity to enter into legally-binding agreements and are so-called consumers within the definition of consumer protection laws, i.e. individuals who purchase products on the Website for any purposes unrelated to their profession and not for commercial purposes, such as, but not limited to, the resale or acquisition of information on the products, are allowed to enter into purchase agreements.
8. Purchasers are final consumers only and will obtain no commercial benefit from purchases through the Website, and are aware that sanctions, including criminal ones, may apply, should this not be the case.
10. Product display and related information on the Website does not constitute an offer to purchase, but only an invitation to the user, who will forward the purchase order through the online procedure in force at the time. The order, if accepted by Nota, will be communicated via the procedure in force at that time, for example through an appropriate screen and / or sending an ad hoc e-mail. Only then will the sale and purchase agreement be executed. The user expressly declares to have been informed that any communication of transmission of order does not imply in any way acceptance of such order. In case of refusal or cancellation of the order, safe any rights belonging to Nota, Nota will be required to repay any sums already paid by the user to the same source from which the payment was sent.
12. Purchased products will be delivered only within the territory of the Country where the purchase order was places. Users, and not Nota, are therefore responsible for any administrative and customs formalities for shipping purchased products to a different Country. Nota, therefore, does not offer any support for customs procedures.
13. Products will be delivered only within the territory of the Italian Republic and the Federal Republic of Germany, with explicit exclusion of free zones and inaccessible areas. Users expressly declare to be aware that the shipment of products to an inaccessible place can result in a surcharge on the shipment.
14. Orders from or requests for shipping the product into Countries not included among those listed in the Website will be subject to Nota’s approval and such orders might be cancelled.
15. The Website offers accurate descriptions of each product therein on display. Users can ask for more information through the blog or via [special contact telephone, Skype, WhatsApp, e-mail].
16. Because products are shown in a virtual way, images and in particular proportions and colours of the same may differ from reality. Users expressly agree that the actual product and the image of the it may reasonably differ from reality, also depending on the device used by the user to browse the Website.
17. Products that are hand-made in whole or in part may have some differences stitching and finishing, even between identical garments, which makes such products particularly exclusive.
18. Quantity, style, colours, sizes, prices and other characteristics relating to the products for sale on the Website may be changed at the discretion of Nota, without any notice.
19. Users are expressly aware that at the same instant multiple users may each submit a purchase order for the same product, which therefore could in a short period of time stop being available. In this case, the order will be rejected or cancelled and any amounts collected by Nota will be returned to the user whose order has been rejected or deleted. Alternatively, the user whose order has been refused or cancelled may, at his/her discretion, within fourteen days, buy one or more other products whose price is equal or above that already paid (in the latter case, shipment will take place after the user has paid the due difference). After this period of fourteen days, without purchasing an alternative product, Nota will return any amounts already paid by the user to the same source from which the payment was made.
20. The prices quoted include VAT and they are expressed in Euro. Prices and reference currency can be changed at any time without notice by Nota and will be considered fixed at the time the order is placed by the purchaser. Where indicated, shipping costs will be charged on top.
21. In the event of a change in VAT rates between the time of order placement by the user and the time of shipment of the product, Nota shall communicate this change to the user, requiring the due balance, in case of an increase, or returning any surplus, in case of a decrease. In the event of a rate increase, failure to pay the difference due within fourteen (14) days, Nota shall cancel the order and return the sums already paid by the user to the same source from which the payment was made.
22. Methods of payment include [credit card: Visa and MasterCard, PayPal, bank transfer and coupons] and related information will be used by Nota for the completion of all payments due and tax obligations, as well as for anti-terrorism and anti-money-laundering rules. Nota may at its discretion and without notice modify the payment methods accepted.
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23. Users may provide their contact information to Nota, in order to receive updates on their purchase and shipment through such channels.
24. Delivery of products shall shall occur within the territory of the Country, excluding free zones, in which the consumer resides or is domiciled.
25. Shipping costs are paid by the purchaser and may vary according to the type of transport selected by the user.
26. Nota shall ship the purchased products immediately after having collected all the total price due.
27. Products will be delivered in an ad hoc packaging by Nota.
28. Shipping shall begin with the delivery of the product to the carrier and end with the provision of the product to the address indicated by the buyer. In the event of unavailability of the recipient indicated by the buyer, carrier’s policies, available at [•], shall apply; as a rule, after a number of vain attempts by the carrier, the product will be returned to Nota, at the expense of the purchaser, whom, once the product has been returned to Nota, will be refunded only the purchase price paid (thus expressly not including transportation costs).
29. The buyer or his/her representative may refuse the product, if they detect damages or signs of damage on the packaging. It will be the sole responsibility of the purchaser or his/her representative to check the condition of the product, the integrity of packaging (to be communicated to the carrier), conformity to the contract, the number of products in the package, and the purchaser has to indicate any anomalies on the document of transportation and communicate them to Nota, in line with the provisions of the law and with the conditions concerning the right of withdrawal. This has to be made within fourteen days through the website.
30. All Clubielle items come with an identification tag attached with a single-use disposable seal, which forms an integral part of each product. Buyers expressly accept their responsibility not to damage or remove tags and / or seals. Damage or removal of tags and / or seals represent express acceptance of the product and the inability to return or replace it same, thus resulting in the renunciation of any objection by the purchaser regarding the products purchased.
31. Clubielle items sold on the Website are covered by a legal guarantee of conformity by the seller Nota, under, applicable by definition and in accordance with the conditions of sale to consumers only, according to the legal definition of such consumers. A product purchased has a lack of conformity when (i) it has no suitable use for which goods of the same type are normally used; (ii) it does not comply with the description given by Nota on the Website and does not possess the qualities Nota presented on the Website; (iii) it does not have the quality that the users can reasonably expect in identical goods, taking into account the statements made in advertising or in the labelling. Failures or malfunctions caused by accidental events or by acts responsibility of the users, or by use of the product not conforming to its intended use and / or as provided in the technical documentation supplied with the product (including though not limited to improper storage, ironing and / or washing executed not in line with the directions provided) are therefore excluded from the scope of the legal guarantee.
32. In the event of a product purchased actually lacking conformity within two years the buyer enjoys consumers' rights, provided that, as required by law, it is communicated to Nota within two months after the occurrence of this defect. Unless proven otherwise, it is assumed that any lack of conformity which becomes apparent within six months of delivery of the products already existed on that date, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity or the enclosed instructions. From the seventh month following the delivery of the product, it will be the purchasers’s responsibility to prove that the defect existed at the time of delivery.
33. In case of lack of conformity duly reported within time limits, except normal wear and tear, purchasers are entitled: (i) primarily, to free repair or replacement of the goods, at the purchasers’ choice, unless the remedy requested is impossible or unreasonably disproportionate; (ii) secondarily (i.e. in cases where repair or replacement are impossible or excessively expensive, or the repair or replacement cannot be made within a reasonable time, or the repair or replacement previously made have caused significant inconvenience to the user), price reduction or termination of the contract (and subsequent restitution of the product by the user to Nota and of the price received by Nota to the user). The remedy sought is too burdensome if it imposes unreasonable costs for Nota in comparison to alternative remedies that can be exercised, taking into account (i) the value the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) whether the alternative remedy could be completed without significant inconvenience to the buyer.
34. If the buyer intends to denounce a proven lack of conformity and use of available remedies mentioned, the appropriate procedure must be followed on the site, which involves sending the product, at the purchasers’ expense, to Nota, the evaluation of the defect and, in case of acceptance of the same by Nota, carrying out one of the remedies above-mentioned.
35. Products sold on the Website may also be covered by a standard guarantee issued by the manufacturer. Buyers can rely on that guarantee only against the producer and not Nota. The duration, extent, and territorial conditions, the terms and conditions of use, the types of damage and / or defects covered and any limitations of the standard guarantee depends on the individual producer and are described in the specific guarantee contained in the product packaging, if indeed there is even such a guarantee, which is voluntary in nature and does not add, replace, limit or prejudices or excludes any legal guarantees.
36. With regard to pet accessories, especially for dogs, the user, by accepting these conditions, also accepts all regulations pertaining to the protection of animals and protecting the public from their pet, in particular the European Convention for the Protection of Pets of 1987. The user and the pet owner, if different, are the only persons responsible for the protection of the animal and for the protection of the public and other people's property from attack and in general for the behaviour of the animal/pet in their possession. The user explicitly acknowledges that the pet accessories sold by Nota are mainly for aesthetic purposes. The user expressly agrees to preserve the product and use and treat it according to the instructions provided with it. Nota is not in any way responsible for the care, preservation, custody, and compliance with the instructions, nor for mild or severe wear and tear which may arise during ordinary use of the product and that will reduce or limit its efficiency and safety. Nota is also not in any way responsible for any inconvenience, loss, damage, abuse, resulting directly or indirectly from the use of the product with is not flawless and in perfect conditions. The user is, in fact, the only subject responsible for rational judgment on whether to use such accessories and therefore has full responsibility regarding the suitability of the product, each time the user wishes to use it.
37. For a leash to be intact, the maximum traction capacity measured by Nota and producers of the leash (item [•]) is [•] and the user therefore undertakes to comply to the instructions carefully and not to exceed this tension and he/she expressly agrees to only use it for dogs and not for other animals or objects, nor people. The guarantee is valid only for intact and well-guarded and preserved products. It is the user’s responsibility to keep them intact and perfectly preserved, as well as to buy and use the right size and type among those available, if any, for the size and strength of the dog on which the user intends to use it on.
38. Leash (item [•]) is not guaranteed according to clause 31, since it is subject to a particularly intense and demanding use and the dog might bite or otherwise damage it.
39. Performance of the obligations by Nota can be suspended in case of an occurrence of force majeure which prevents or delays performance, such as, for example, but not limited to, war, riots, terrorist threats, uprisings, strikes and supply difficulties due to third parties, or the wrong indication by the user of the correct shipping address. Nota shall inform the user about the occurrence of force majeure within ten days of the occurrence thereof. In the event that the suspension of performance of obligations were to continue for a period longer than fourteen days, the user will have the option to cancel the order and Nota shall return any amounts already collected.
40. These conditions are governed by the laws of the Italian Republic and, in case of invalid clauses, the rest of the present conditions shall remain in force. Should users not be residents in Italy, mandatory regulations from their applicable governing laws shall apply.
41. Any dispute not settled off court between users and Nota, will be submitted to settlement through so-called assisted negotiation by the parties’lawyers, failing which, final adjudication shall be made by the Court of Milan, Italy.
1. The right of withdrawal is guaranteed to users that meet the specifications given in the general conditions of sale and who carry out the steps required for the exercise of such right.
2. The right of withdrawal is given to buyers that are not satisfied for any reason with the purchase made on the Website and only through the Website.
3. The right of withdrawal must imperatively be exercised within fourteen (14) days from the availability of the product at the address indicated by the buyer.
4. To exercise the right of withdrawal, the purchaser must strictly adhere to the following conditions: (i) the user must fill out the return form on the Website, follow the online procedure, and send it within fourteen days from receiving the product at the address indicated by the buyer; (ii) the product must not have been used, worn, washed or damaged; (iii) the identification tag must not be removed or damaged and must still be attached to the product through the single-use disposable seal; (iv) if the product is part of a so-called kit, all kit components must be returned; (v) the product must be returned in a package, preferably in the original one; (vi) the return form must necessarily be attached to the return shipment.
5. The products for which the right of withdrawal was exercised must be returned without delay and, in any case, within fourteen days from the date on which the user has communicated to Nota his/her decision to terminate the contract.
6. If users comply with procedures on the Website for the exercise of the right of withdrawal and therefore make use of the shipping agent identified by Nota, the cost of transporting the product from the address of the user specified for the initial delivery to Nota will be borne by the latter. If the address from which the shipping is made is different from the delivery address or the user decides to make use of another shipping agent, transport costs will be borne by the user.
7. Nota will send confirmation of receipt of notice of termination and in turn will contact the user, if the right of withdrawal cannot legitimately be accepted. In case of impossibility of acceptance of such right by Nota (for instance, but not limited to, in case the product has been used), the user can obtain the disputed product from Nota, paying for shipping expenses, or alternatively simply receive a partial refund of the price paid, in consideration of deterioration of the disputed product of shipping costs incurred in by Nota.
8. Safe any rights in favour of Nota, Nota will be required to repay any sums already paid by the user to the same source from which the payment was made, by way of total or partial refund of the price paid.
9. Within fourteen (14) days from the availability of the product at the address indicated by the buyer, the latter may request that the product for which he/she is dissatisfied is replaced with another or others of equal or higher price, paying any difference and the cost of transporting the replacement goods, subject to the provisions of clause 6 above.
10. The right of withdrawal shall comply to all relevant norms and agreements provided for the general conditions of sale.