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General Sales Terms

For purchases made in the www.noflystore.com Internet site

Information about the seller

NOFLYSTORE SRL
via Nomentana, 761
00137 Roma (RM) - ITALY
E-mail: customercare@noflystore.com
Business Register of ROME no. 12219521007
RM-1358655
VAT no.: IT12219521007
Certified Electronic Mail Address: NOFLYSTORESRL@GIGAPEC.IT

NOFLYSTORE SRL (“NOFLYSTORE”) runs an online shop via the www.noflystore.com Internet site
For any explanation regarding the contents of these general sales terms (“GENERAL SALES TERMS”), the conclusion of the contract (in accordance with what is provided for in Section 3 which follows) and its legislation, Customers are invited to contact NOFLYSTORE by sending an e-mail to customercare@noflystore.com; all rights and powers which Customers are recognized by applicable laws are in any case protected and not jeopardized.

1. Scope. Definitions

1.1. These GENERAL SALES TERMS apply to offers and sales, through www.noflystore.com Internet site, of made-to-measure articles manufactured and prepared by NOFLYSTORE (“Articles” or “Article”), are governed by and constitute an integral and essential part of all the contracts stipulated by the Customer with NOFLYSTORE. Effect of the forwarding of an Order is the Customer’s declaration of having knowledge and of acceptance of these GENERAL SALES TERMS. These GENERAL SALES TERMS shall prevail over all general contract terms whose application is called upon in relation to one or more contracts.

1.2. “Consumer” (or “Consumers”) shall be construed as any natural person who places an order for purposes which do not concern entrepreneurial, commercial, industrial or professional operations which may be carried out; “Professional” (or “Professionals”) shall be construed as any natural or legal person who places an order when carrying out entrepreneurial, commercial, industrial or professional operations;
“Customer” (or “Customers”) shall be construed, depending on the cases, as Consumer/Consumers or Professional/Professionals;
“Contract” shall be construed as the contract stipulated between the Customer and NOFLYSTORE in accordance with Section 3.3.;
“Working day” (or “Working days”) shall be construed as any day of the week, except Saturday, Sunday and holidays in accordance with the law;
“Order” (or “Orders”) shall be construed as the order or the orders forwarded by the Customer to NOFLYSTORE in accordance with Section 3.2.

2. Reference to the General Sales and Contract Terms

2.1. The Customer may consult the GENERAL SALES TERMS, along with the text of the Contract, on the www.noflystore.com Internet site.

2.2. In addition, the Customer may also save the data of his Order by downloading the GENERAL SALES TERMS and saving, before forwarding an order, the data summarized in the last web page with the aid of his browser. Confirmation of receipt of the Order which NOFLYSTORE shall send by e-mail, after forwarding of the Order, to the e-mail address the Customer has indicated, in accordance with what is provided for in Section 3.2 may also be saved.

2.3. The data of each order shall be saved by NOFLYSTORE in its systems. The Customer may not, however, for security reasons, have free access to such data. Each Customer is guaranteed reserved access through a username and password in the area of the site called “My account”. The Customer may consult his concluded contracts, pending orders and those which have just been forwarded, and also update and save his addresses, any bank details and/or data regarding his newsletter subscription in this area by entering his credentials. The Customer undertakes to process his access credentials confidentially and not make them available to third parties.

3. Conclusion of the Contract

3.1. Contracts with NOFLYSTORE are exclusively stipulated in the Italian language and are governed by Italian law, therein including Legislative Decree no. 206 of 6 September 2005, (“Consumers’ Code”) and Legislative Decree no. 7 of 9 April 2003 (“Implementation of Directive 2000/31/EC regarding some juridical aspects of the services of information technology companies in the domestic market, with particular reference to electronic commerce” - “E-commerce Decree”).

3.2. The Customer shall be guided in the forwarding process of an Order by a series of instructions found in the www.noflystore.com Internet site. The Customer may always correct errors of the data entered, or change the contents of the shopping cart by adding or removing one or more articles, or cancel the entire Order before forwarding it. The Customer correctly concludes the Order process when the site does not visualize any error messages. When the Customer clicks on the “Confirm” icon, he shall formulate an irrevocable contract proposal to NOFLYSTORE, pursuant to and in accordance with article 1329 of the Italian Civil Code, whose subject is the Articles included in the shopping cart. An order receipt confirmation from NOFLYSTORE to the e-mail address communicated by the Customer shall follow within a brief period of time from the Customer’s forwarding of the Order. In accordance with article 13 of the E-commerce Decree, the e-mail confirming receipt of the order shall include a summary of the general and particular terms applicable to the contract, information regarding the essential features of the purchased Articles, a detailed indication of the price, of payment methods, of withdrawal, of delivery costs and of applicable taxes. Such confirmation by e-mail may be printed and saved with the use of electronic mail programme.

3.3. Upon the Customer’s receipt of the Order receipt confirmation sent by NOFLYSTORE, it is understood that a binding contract between NOFLYSTORE and the Customer has been stipulated.

4. Price and shipping expenses

4.1. NOFLYSTORE reserves the right to change at any time the prices of the Articles sold through the www.noflystore.com Internet site, it being understood that the price of the Articles in the site is to be deemed the one indicated at the time the Order was forwarded. The Customer is invited to check the ultimate sales price of the
selected Article before sending an Order to NOFLYSTORE. The prices indicated are retail prices, including VAT and any other tax excluding shipping costs of the carrier selected by NOFLYSTORE which shall be specifically indicated if this is provided for.

5. Payment and delivery

5.1. Unless otherwise agreed, the Customer shall pay the entire price of the ordered Articles upon forwarding the Order. NOFLYSTORE reserves the right to deliver the purchased Articles only after receipt of payment of the entire price. In processing the forwarding of the Order, various payment instruments such as, for example, by credit card (Visa, MasterCard, American Express), by the protected “Paypal” system, by prepaid card (e.g. “Postepay”) and advance payment by bank transfer may be proposed by NOFLYSTORE, at its total discretion. It is understood that any commissions applied by the various payment services are to be exclusively paid by the Customer. NOFLYSTORE shall not in any case be deemed liable for any malfunctions of payment services supplied by third parties.

5.2. The Customer accepts to receive the invoices exclusively in electronic format pursuant by article 21, paragraph 1, the last sentence, of the Decree of the President of the Republic no. 633, of 26 October 1972.

5.3. As regards deliveries NOFLYSTORE shall select a carrier. NOFLYSTORE shall provide to send said Article as soon as possible or, in case of advance payment by bank transfer, within 7 (seven) Working days following the Order receipt confirmation.

5.4. NOFLYSTORE shall not be liable for non delivery or delays when: (a) despite having purchased the goods to cover the received Order regularly and in due time, they are not supplied within the terms and in the manner agreed upon with its supplier; (b) it is not able to supplant unavailability of such Articles and has communicated such unavailability of the Article to the Customer in due time. In the case of unavailability, even temporary, of an Article, NOFLYSTORE shall inform the Customer in due time via e-mail to the address communicated by the Customer, and shall provide to refund the Customer any advance payments of the price within 30 (thirty) days considering the next day following the day of forwarding of the last order and the day of receipt of payment.

5.5. NOFLYSTORE shall not be liable of non delivery or delays in delivery due to force majeure such as – for example – strikes, provisions of Public Authorities, restrictions or scarcity of energy or raw materials, difficulties in transport, fires, floods, inundations and damage to industrial machinery which do not depend on NOFLYSTORE. NOFLYSTORE shall provide to communicate in due time to the Customer the occurrence and discontinuance of a cause of force majeure. Should a cause of force majeure persist for a period of time exceeding 4 (four) weeks, each party shall have the power to withdraw from the contract. In case of withdrawal pursuant to Section 5.5, the Customer shall not have the right to any compensation or reimbursement on whatever basis, with the exception of the right of being refunded for what has already been paid as price .

5.6. In case of a purchase made by a Consumer, accidental damage to the Article is at NOFLYSTORE’s risk until the same Article is delivered to the Consumer or to another subject indicated by him, both when shipment of the Article is insured or not insured. In case of a purchase made by Professionals, accidental damage to the Article is at the Professional’s risk upon NOFLYSTORE’s delivery of the Article to the first carrier.

6. Exclusion of the right of withdrawal. Changes of Articles

6.1. In compliance with the duty on informing Consumers referred to in article 52, paragraph 1, letter (f) and (g) of the Consumers’ Code, and in accordance with what is provided for by article 55, paragraph 2, letter (d) of the Consumers’
Code, the right of withdrawal is excluded in relation to the purchase of all the Articles through the www.noflystore.com Internet site as the goods are evidently prepared made-to-measure by NOFLYSTORE for its Customers. The Articles, accordingly, may not be subject of a return or a refund.

6.2. Apart from what is provided for in Section 6.1, NOFLYSTORE wishes to provide its Customer with the opportunity to request and freely obtain changes to Articles purchased in the www.noflystore.com Internet site exclusively in the following cases:
errors in the choice of the model or colour of an Article;
when the size selected by the Customer is wrong and the size of the purchased Article (height, width) is greater than the size communicated by the Customer upon sending the Order. It is understood that a change of the purchased Article is not provided in the case of errors of the Customer’s indications of the selected size and the size of the Article (height, width) is less than the what has been communicated by the Customer upon sending the Order.
Follow the procedure illustrated below to ask for changes in relation to one or more Articles. The Customer must preserve all the documents related to the delivery of the Article and send an e-mail to the address customercare@noflystore.com within [•] Working days from delivery of the Article indicating the Article of which a change is required and the Order number communicated by NOFLYSTORE upon confirming receipt of the Order. The Orders for which changes are required must be shipped:
appropriately packed in their original package and equipped with any accessories, instructions for use and documents;
with their delivery note (found in the original packing), so that NOFLYSTORE can identify the Customer (Order number, name, surname and address);
with no visible signs that they have been used, excluding the signs that a normal trial of the Article has been carried out. They must not have traces that they have been used for a period of time longer than one required for a trial.
Shipping expenses related to Articles for which the Customer requires changes are understood to be exclusively at the Customer’s expense.

6.3. Any changes related to purchased Articles which the Customer may require but are different from the ones referred to in Section 6.2 shall be subject to specific agreements with NOFLYSTORE.

6.4. Consumers’ rights are in any case not jeopardized in the case of defects in compliance with the Articles according to what is provided by Section 9.

7. Terms for use of Purchase Vouchers

7.1. Purchase vouchers of the www.noflystore.com online shop (“Purchase Vouchers” or “Purchase Voucher”) are valid until the indicated term and can be used only once when processing an Order.

7.2. Purchase Vouchers cannot be refunded with money and do not mature interest in relation to the credit represented by the same Purchase Voucher. The credit represented by a Purchase Voucher cannot be transferred to third parties. The amounts of credit represented by each single Purchase Voucher cannot be accumulated.

7.3. The value of an Article purchased with a Purchase Voucher must correspond to at least the amount of the same Purchase Voucher. The Customer cannot be refunded any residual credit.

7.4. Should the credit represented by a Purchase Voucher be less than the total price to be paid of an Order, the difference may be settled with another authorized payment method.

8. Terms for use of Gift Vouchers

8.1. Gift vouchers (“Gift Vouchers” or “Gift Voucher”) may be used exclusively in the www.noflystore.com Internet site.

8.2. The Gift Voucher may not be used to purchase other Purchase Vouchers or Gift Vouchers. Advance payment by bank transfer, payment by credit card and payment by the protected “Paypal” system are the payment methods exclusively available for purchasing Gift Vouchers.

8.3. A Gift Voucher may be used only before an Order and is not refundable after an Order. A Gift Voucher cannot be refunded with money and does not mature interest on the credit of the same Gift Voucher. In processing a single Order the credits represented by each Gift Voucher cannot be accumulated. In processing a single Order, the credits represented by Gift Vouchers cannot be accumulated with credits represented by Purchase Vouchers.

8.4. Cancelling a purchase Order of a Gift Voucher can be carried out through Customer service, provided that the same Gift Voucher has not been used yet. A Gift Voucher is understood to be used when it has been used in an Order or accredited in the account of a Customer.

8.5. Should the credit represented by a Gift Voucher be of an amount less than the price of an Order, the difference may be settled with other authorized payment methods.

8.6. Customers may visit “My account” on the www.noflystore.com Internet site to credit Gift Vouchers on his account or to view the existing credit.

8.7. NOFLYSTORE shall be in no way liable for the loss, theft or illegibility of hard copy Gift Vouchers. NOFLYSTORE shall also not be liable in case a wrong e-mail address of the Customer to whom the Gift Voucher is addressed is entered.

8.8. Gift Vouchers can be transferred. Reproduction, publication and/or tampering with Gift Vouchers are not allowed. In case of fraud, embezzlement or the suspicion of illegal activities connected with the purchase or collection of Gift Vouchers, NOFLYSTORE reserves the right to close the related Customer account and to demand alternative methods of payment in relation to the ones generally authorized.

9. Guarantee and management of claims

9.1. The legal guarantee referred to in articles 129, 130 and 132 of the Consumers’ Code is applied to purchases made by the Customer who can be qualified as a Consumer. In case of a conformity defect of an Article pursuant to article 129 of the Consumers’ Code, the Consumer has the right to reinstatement, with no expenses, of the compliance of the goods through a repair or replacement within an adequate term. Should such remedies fail, the Consumer has the right to an adequate reduction of the price or the dissolution of the contract. The Consumer loses such rights if he does not report the conformity defect to NOFLYSTORE within a term of 2 (two) months from the date in which he has discovered the defect. NOFLYSTORE is liable when the conformity defect crops up within the term of 2 (two) years from delivery of the Article. The action directed to lay a claim against defects not maliciously concealed by NOFLYSTORE lapses in any case in a term of 26 (twenty-six) months from delivery of the Article.

9.2. In case of purchases made by a Customer who can be qualified as a Professional, the legal guarantee provided for in the Civil Code shall be applicable. The Professional shall, under penalty of expiration, report to NOFLYSTORE any conformity defects detected in the purchased Article within 8 (eight) days from detection. The legal guarantee is valid for the maximum term of 12 (twelve) months from delivery of the Article.

9.3. With the exception of the cases provided for in Sections 9.1 and 9.2 above, the Customer may contact NOFLYSTORE at any time according to the modes indicated in these GENERAL SALES TERMS. NOFLYSTORE shall provide to examine the requests it receives as soon as possible and contact the Customer. In case of claims, NOFLYSTORE invites its Customer to describe as in detail as possible the nature of the problem and, if possible, attach a copy of the Order documents or indicate the Order number, the Customer number, and any other useful details to identify the claim correctly. Should the Customer not receive an answer within 5 (five) Working days, NOFLYSTORE as of now invites the Customer to solicit an answer. NOFLYSTORE also advises to check whether e-mails which it sends are re-addressed to or blocked by any spam filters, or whether they do not reach destination for other technical problems of the Customer’s electronic post software.

9.4. For any requests about services, NOFLYSTORE invites the Customer to apply to its Customer service, which can be contacted as follows:

NOFLYSTORE SRL
via Nomentana, 761
00137 Roma (RM) - ITALY
E-mail: customercare@noflystore.com

10. Limitation of responsibility

10.1. It is understood that NOFLYSTORE cannot be deemed responsible for any pecuniary and non pecuniary damage, direct or indirect, which may be caused to the Customer subsequent to improper or anomalous use of an Article, due to defects of installation of an Article which is exclusively under the Customer’s full responsibility and at his expense.

11. Protection of data

11.1. NOFLYSTORE shall preserve the data of each Order as well as the Customer’s contact numbers and addresses for the sole purpose to use them for correct execution of the Order (even by forwarding them to its business partners involved in managing payment, executing the Order and/or shipping the Article), of any claims on guarantee of the Article and/or recommendations or instructions for the Customer regarding the Article. Processing of the Customer’s data shall be carried out in accordance with the Information Notice issued by NOFLYSTORE on protection and use of personal data.

12. Governing law, jurisdiction

12.1. These GENERAL SALES TERMS are drafted in the Italian language. The GENERAL SALES TERMS and the single contracts shall be governed by the Italian law and, therefore, interpreted and executed in compliance with it. Application of the Convention of Vienna of 1980 on International sales of goods (CISG) is expressly excluded as well as any other international agreement and/or convention.

12.2. In case of contracts concluded with Consumers, any disputes on the interpretation, validity and/or execution of these GENERAL SALES TERMS shall be subjected to the binding authority of the judge of the Consumer’s place of residence or domicile.

12.3. In case of contracts concluded with Professionals, or of contracts concluded with Consumers with residence in non-EU countries in which a legislation in favour of Consumers is not provided for, the Court of Rome shall be the exclusive place of jurisdiction for settling any disputes on the interpretation, validity and/or execution of these GENERAL SALES TERMS.

12.4. As an alternative to the provisions in points 12.2 and 12.3, the consumer also has the right to access the European "ODR" Platform (Online Dispute Resolution) to solve any disputes between Seller and Consumer. For further information on European "ODR" Platform or on how to start an alternative dispute resolution procedure related to a purchase, please visit this website: NoFlyStore - ODR Platform

13. Amendments of the General Sales Terms

13.1. NOFLYSTORE shall provide to inform the Customer about amendments to the regulations of these GENERAL SALES TERMS. The amended GENERAL SALES TERMS shall apply to all Orders which the Customer has forwarded after receipt of the communication of amendment.

14. Final provisions

14.1 Should a present or future provision of the GENERAL SALES TERMS and/or contract be or become totally or partially null and void or should there be an omission in the provisions of the GENERAL SALES TERMS and/or contract, the rest of the provisions of the GENERAL SALES TERMS and of the contract shall in any case remain valid and effective. It is understood that NOFLYSTORE and the Customer shall undertake to make bona fide negotiations to integrate the omission or to replace the null and/or void clause with the goal to reach the same results pursued in the invalid or ineffective clause and to safeguard the economic substance of the contract.
Pursuant to and in accordance with articles 1341 and 1342 of the Italian Civil Code, the Customer declares to expressly approve the provisions in the following Sections of these GENERAL SALES TERMS: 3. (Conclusion of the contract), 5.4. and 5.5. (Payment and delivery), 7. (Terms for use of purchase vouchers), 8. (Terms for use of gift vouchers), 10. (Limitation of responsibility), 12. (Governing law, jurisdiction) and 13. (Amendments of the General Sales Terms).
March 2013

NOFLYSTORE
These GENERAL SALES TERMS are property of NOFLYSTORE. Their use, even partial, by third parties for commercial purposes is not allowed without NOFLYSTORE’s prior authorization in writing. Any violations will be prosecuted.