Terms & Conditions

1. Introduction

1. The sale of “Paolo Nero” branded products concluded remotely through this site (hereinafter referred to as the “Website”) is governed by the following General Conditions of Sale.
   The products offered on the Site are sold directly by Gitex srl. (hereinafter referred to as “Paolo Nero”). Gitex srl is a company incorporated under Italian law, with registered office in Interporto di Nola, lotto D, N° 325/326 – 80035 Nola (NA) – Italy, VAT number IT05791190639.
2. The use of the remote sales service governed by these General Conditions of Sale is reserved exclusively for consumers (hereinafter referred to as “Customer” or, in the plural, “Customers”) understood as natural persons acting for purposes not related to their own commercial, entrepreneurial, craft or professional activity carried out, over the age of 18 (or, if minors, authorized by their legal representative).
   The resale or transfer for any commercial or professional purpose of the products purchased on the Website is expressly prohibited.
3. The products offered for sale on the Website can be purchased and delivered in Italy, Europe and the rest of the world.
4. The languages ​​used for the conclusion of the sales contract through this Website are: Italian and English.
5. These General Conditions of Sale are published on the Website in order to allow the knowledge as well as storage and reproduction by the Customer in accordance with current legislation.
6. The purchase of products is governed exclusively by the General Conditions of Sale published on the Website and in force at the time of purchase.
   Paolo Nero reserves the right to make changes and / or additions to these General Conditions of Sale at any time.
   Any changes and / or additions will be effective only in relation to purchases made after the date of publication of the new version of the General Conditions of Sale.
   The replacement of these General Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and non-enforceability of the same in relation to purchases made after their elimination from the Website and this also in the event that said General Conditions of Sale were in any case consultable and / or accessible to the public through other internet sites, other than the one indicated above.

2 – Availability of products

1. The Customer acknowledges that the products offered by Paolo Nero on the Website (hereinafter referred to as the “Products”) are numerically limited and is therefore aware that Paolo Nero must check their availability at the time of purchase.
2. Occasionally, problems may occur in relation to the availability of certain Products. In such circumstances, Paolo Nero will inform the Customer promptly (and in any case within the terms specified below) by e-mail of the cancellation of his order.
   In the event of only partial unavailability, the Customer will be asked if he prefers to receive the available Products or to proceed with the total cancellation of the order.
3. Paolo Nero reserves the right to change the items offered for sale on the Website at any time, without prior notice.

3 – Purchase procedure

1. Each Product offered for sale on the Website can be viewed via a specific link that allows you to view the photographic images of the item, the unit price, the colors, the different sizes (if any).
2. The Customer may purchase one or more Products, for a maximum of 4 units for each Product, except as may be provided for some types of Products. Paolo Nero reserves the right to change the limits on the quantities of Products that can be purchased through the Website at any time.
3. The Products chosen by the Customer will be placed in a specific section (hereinafter referred to as the “Cart”).
4. Although Paolo Nero constantly adopts measures aimed at ensuring that the photographs shown on the Website faithfully reproduce the original products, some variations are always possible due to the technical characteristics and color resolution of the device used by the Customer. Consequently, Paolo Nero will not be responsible for any inadequacy of the graphic representations of the Products shown on the Website if due to the aforementioned technical reasons.
5. To view the selected Products and the total price of the purchase order, you need to access the Shopping Cart page.
   Before confirming his order proposal, the Customer is required to verify the accuracy of the contents of the Cart and to complete the purchase form according to the instructions provided on the Website.
6. The purchase procedure ends when the Customer selects the appropriate final order confirmation button, thus validating his Order Proposal, which will be sent directly to Paolo Nero.
7. After selecting the Purchase Button, the content of the Order Proposal can no longer be changed by the Customer.
8. Before confirming the Order Proposal, the Customer must declare that he has read and accepted these General Conditions of Sale. At the end of the purchase procedure, the Customer should save or print the General Conditions of Sale.
9. The purchase procedure must be completed in full; otherwise, the Order Proposal cannot be sent to Paolo Nero.
10. Each Order Proposal and the Customer data necessary for the purchase will be archived by Paolo Nero for the period of time and in compliance with the conditions established by current legislation.
    Any use of data for purposes other than purchase will be subject to a prior and express consent of the Customer, based on the conditions specified in the “Privacy Policy” published on the Website.
11. The Customer is aware that he is responsible for the correctness and truthfulness of all data entered on the Website or in any case used during the purchase phase.
12. The Customer is also aware of the fact that on the Website he has the possibility to pre-order a selection of Products before their commercial launch or their distribution and placing on the market. The Customer acknowledges that these Products are not yet available for shipment at the time of sending their Order Proposal. The Products that can be pre-ordered by the Customer are clearly identified and reported on the Website through the expressions “Pre-Order” or “Pre-Order Products”.
13. The Customer acknowledges and accepts that if he pre-orders a Product, the relative price shown on the Website and displayed in the Cart section will be charged to the Customer in advance, i.e. upon receipt of the Confirmation Email, as defined in point 4.2 below. , although such Pre-Order Product is not available at that time.
    The Pre-Order Product will be delivered to the Customer by the estimated date specified on the Product description page.
    If the Order Proposal sent by the Customer also contains one or more Pre-Order Products, in addition to the Products already available, the prices of all the Products relating to this Order Proposal will be charged to the Customer in advance, i.e. at the time of the receipt of the Confirmation Email, and all the Products will be delivered together by the last estimated delivery date for the Pre-Order Products, as indicated on the Product description page.
14. All further details relating to payment, delivery and confirmation of Pre-Order Products are specified in the respective sections below.
15. The Customer acknowledges and accepts that, except as expressly provided herein for Pre-Order Products, the other clauses of these General Conditions of Sale also apply to Pre-Order Products.

4 – Conclusion of the contract

1. Following confirmation of the Order Proposal, the order is sent to Paolo Nero to be processed and cannot be further modified or canceled.
   The Order Proposal issued by the Customer will be taken over by Paolo Nero only if the entire purchase procedure has been completed regularly, without any error being highlighted by the Website.
2. The contract stipulated between Paolo Nero and the Customer must be considered concluded when the Customer receives a confirmation e-mail from Paolo Nero (hereinafter referred to as “Confirmation Email”).
   The Confirmation Email will be sent to the address indicated by the Customer in the purchase form and will contain the confirmation and summary of the conditions of the purchase itself, such as: the description of the Product and its main characteristics, the total price of the order , including any shipping costs, the address to submit any complaints, information on after-sales assistance services, on the existence of the right of withdrawal and on the relative methods of exercise.
3. Paolo Nero reserves the right not to accept the Order Proposal issued by a Customer in the following cases:
   a) unavailability, even temporary, of the Products included in the Order Proposal, with the exception of the Pre-Order Products;
   b) existence of a legal dispute between Paolo Nero and the Customer relating to a previous order;
   c) if the Customer on previous occasions has committed violations of the General Conditions of Sale or has not fulfilled his obligations;
   d) if it emerges that the Customer purchases the Products for the purpose of reselling or transferring them for commercial or professional purposes;
   e) if the Customer has been involved or is suspected of illegal or fraudulent activities.
   In the aforementioned cases, Paolo Nero will notify the Customer by e-mail, within 30 (thirty) days from the date of effective receipt of the Order Proposal, of any cancellation of the orders received. In this case, no Order Proposal must be considered accepted by Paolo Nero and no contract must be considered concluded between Paolo Nero and the Customer.
   In the event of partial unavailability of the ordered Product, before receiving the Confirmation Email, the Customer will be able to choose whether to receive only the Products available or cancel the order entirely. If the cancellation is only partial, the Customer will only be charged for the amount relating to the Products actually purchased.

5 – Price and Method of Payment

1. The prices of all Products offered for sale on the Website include VAT.
2. These prices will be indicated in Euros (EUR).
3. The total amount of the price shown in the Shopping Cart includes any shipping costs, which will be indicated separately.
   In any case, Paolo Nero will ask for the Customer’s express consent for any further additional costs.
4. The prices published on the Website and shown on the Cart at the time of the confirmation of the Order Proposal by selecting the Purchase Button by the Customer will be charged to the Customer, provided that the Products ordered are available at that time, except for Order Proposals containing Pre-Order Products for which the relative price will be charged to the Customer in advance as provided for in point 5.6 below, even if at that time such Products are not yet available for shipment.
   Paolo Nero reserves the right to change the prices of the Products offered for sale on the Website at any time and without notice.
5. Paolo Nero only accepts credit cards and other payment methods expressly indicated on the Website.
6. For the purposes of payment by credit card, the Customer confirms and guarantees to be the holder of the credit card used for the purchase and the correctness of all the data relating to it, entered during the purchase phase, such as: the number, the date expiration date and, if necessary, the security code.
7. For the purpose of payment through other payment service providers, the Customer confirms and warrants that he is the owner of the account used for the purchase.
   The transaction will be charged to the Customer only after the latter has received the Confirmation Email from Paolo Nero.
8. The shipment of the purchased Products will be made only after successful payment of the amount due by the Customer.
   In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the sales process will be automatically canceled and the sale canceled, as per the communication that will be sent to the Customer.
9. In the event that one or more Products are not available and the Customer has decided not to cancel the order in full, only the price and any shipping costs relating only to the Products available will be charged.

6 – Delivery

1. The Products will be shipped to the address indicated by the Customer in the Order Proposal. The Customer’s signature will be required upon delivery of the Products.
2. The Products sold on the Website can be purchased and delivered exclusively in the countries indicated above (article 1.3). Therefore, any Order Proposals with shipments to be made outside these countries will be automatically rejected during the order processing procedure.
3. In cases where the Customer is charged for shipping costs, these will be expressly indicated, separately from any other cost or expense, at the conclusion of the procedure for completing the Order Proposal and prior to the Customer’s selection of the Purchase Button.
4. In accordance with current legislation, the maximum term within which Paolo Nero will have to deliver the purchased Products is 30 (thirty) days from the date of conclusion of the contract (provided that the relative order does not contain any Pre-Order Product) and except for events of force majeure.
   In the event that the relative order contains Pre-Order Products, the delivery date will be greater than 30 days and Paolo Nero will deliver the Products on the estimated delivery date or during the estimated delivery period agreed with the Customer, as specifically indicated to the Customer. on the product description page.
5. If Paolo Nero does not deliver the ordered Products within the aforementioned deadline, the Customer must ask Paolo Nero to make the delivery within an additional period appropriate to the circumstances, in accordance with current legislation.
   The Customer has the right to immediately terminate the contract if the ordered Product is not delivered within the additional deadline that may be indicated.
6. Paolo Nero reserves the right to split an order into several shipments, according to the availability of the Products. In this case Paolo Nero will inform the Customer by e-mail and will be able to debit the price to the Customer separately only for the Products actually shipped or in a single solution.
7. Upon shipment of the purchased Product, the Customer will receive an e-mail at the address indicated in the Order Proposal. This e-mail will contain a tracking code of the shipment and a link that will allow the tracking of the delivery in real time.
   Paolo Nero Customer Service will provide assistance for any possible delivery problem. The Customer can contact the Paolo Nero Customer Service by e-mail at the address: customerservice@Paolo Nero.it
8. The Customer will assume the risk of loss or damage to the Products only when the same, or a third party designated by him and other than the carrier, materially comes into possession of such Products.

7 – Conformity of the Products

1. At the time of delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not present manufacturing defects or conformity defects. The legal guarantees provided for by current legislation are applicable to the sale of the Products, as well as any additional conventional guarantees provided to the Customer.
2. In the event of production defects or lack of conformity, the Customer will have the right to restore, without charge, the conformity of the Product by repair or replacement, unless the requested remedy is objectively impossible or excessively burdensome compared to the other. It is understood that the Customer loses this right if he does not report the lack of conformity to Paolo Nero within 1 (one) months from the date on which he discovered the defect. In any case, Paolo Nero is responsible only for the lack of conformity which occurs within 2 (two) years from the delivery of the Product.
3. In order to report the presence of defects and faults in the Products and to obtain one of the remedies listed above, the Customer may contact Paolo Nero at the addresses indicated in the following article 12.

8 – Returns and refunds – Withdrawal

1. The Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the Products. In the case of a split order, this term runs from the day of delivery of the last Product.
2. To exercise the right of withdrawal, the Customer can send an email to Customer Service at ordini@paolonero.it to receive the correct instructions for shipping the return.
3. The Customer undertakes to return the Products for which he has exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days from the date on which he communicated his decision to withdraw from the contract to Paolo Nero.
4. The Products must be returned in the same state in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, never used, worn or damaged in any way, and that they are returned in their original packaging, accompanied by all the labels with which they were received. In the event that a Product is provided with a security label, the return of the Product will not be accepted if the original security label has been removed, broken or tampered with. Paolo Nero will check the packaging and the condition of the individual Products returned, constituting the substantial integrity of the same essential requirement for exercising the right of withdrawal.
   Paolo Nero reserves the right to refuse the return of those Products that are damaged, deteriorated, dirty or are in a state such as to suggest, unequivocally, that they have been used for purposes other than the Customer’s checks strictly necessary to ascertain the nature and characteristics of the purchased Product.
   In case of refusal of the return, Paolo Nero will send a specific communication to the Customer and will not proceed with the re-credit of the price paid by the same, also reserving the right to request compensation for any damage attributable to the Customer’s conduct.
5. The reimbursement of the price of the returned Products will be carried out by Paolo Nero without undue delay and in any case within 14 (fourteen) days from the date on which Paolo Nero became aware of the Customer’s exercise of the right of withdrawal.
   In any case, Paolo Nero reserves the right to withhold the refund until it has received and verified the Product or until the Customer proves that he has returned the product correctly and in intact condition, taking into account the situation that occurs first.
   The aforementioned refund will be made by crediting the amount paid by the Customer to be carried out with the same payment method used for the purchase, unless the Customer has expressly agreed otherwise and provided that he does not have to incur any costs as a consequence of the refund.
   Paolo Nero will confirm to the Customer by e-mail the reimbursement of the price.
6. The return of Products pursuant to this article is permitted only in relation to purchases made on the Website.

9 – Limitation of Liability

1. Apart from cases of willful misconduct or gross negligence, Paolo Nero will in no way be liable to the Customer for indirect or consequential damages that may arise from the purchase and use of Products offered for sale on the Website.

10 – Authenticity of products and intellectual property rights

1. Paolo Nero guarantees the authenticity and high quality of all the Products offered for sale on the Website.
2. The “Paolo Nero” trademark, as well as all the figurative and non-figurative trademarks and more generally all the other trademarks, illustrations, images and logos present on the “Paolo Nero” products, on the related accessories and / or packaging, which are subject to registration or not, are and remain the exclusive property of Gitex srl. Total or partial reproduction, modification, tampering or use of said trademarks, illustrations, images and logos, for any reason and on any medium, are strictly prohibited.

11 – Disputes

1. These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it, without prejudice to any other mandatory rule, more favorable to the Customer, applicable in the country of habitual residence of the Customer.
2. In the event of a dispute deriving from the interpretation and / or application of these General Conditions of Sale, the Court of the place of domicile or residence of the Customer, if located in the territory of the Italian State, will have exclusive and binding jurisdiction. If the Customer’s domicile or residence is located in a territory other than the Italian State, the Customer may, at his choice, appeal to the Court of his place of residence or domicile or the Court of Naples.
   Alternatively, the Customer may promote one of the out-of-court dispute settlement procedures provided for by current legislation.

12 – Contacts

1. For any complaint, further information or assistance relating to the Website or the purchase procedure and, in any case, for any request for information and / or clarification regarding what is reported in these General Conditions of Sale, Customers may send an e- mail to the following address: ordini@paolonero.it or contact the E-commerce Customer Service, Gitex srl, Interporto di Nola, lotto D, N° 325/326, 80035 Nola (NA), Italy.