TERMS AND CONDITIONS

These Conditions of Sale provide the user, as well as potential customer, with all the useful information to ensure that his purchase on www.nivy.it is correct and protected.

The website “Nivy.it”, including its mobile version, is owned and managed by Goyatè Sas di Ciro Nocerino, registered in the Register of Companies of Napoli, REA Napoli 934394, VAT number and tax code 08129701218, with registered office in Napoli - viale Antonio Gramsci 13 – 80121, tel +39 0823513486, email info@goyate.com (hereinafter Nivy ).

The following conditions of sale comply with Legislative Decree 6 September 2005, n. 206, including subsequent amendments and additions. By purchasing on our site, the user will fully accept the provisions of these conditions and the provisions of privacy policy .

The terms and conditions may change from time to time, so we recommend that you print and keep a copy of the terms applicable at the time of purchase.

The customer also declares to have full capacity to act and to enter into a contract (for example, a minor will need a guardian). Nivy is not required in any case to verify the capacity to act of visitors and buyers, and is not responsible if an action is carried out contrary to what is written in these conditions of purchase.

Furthermore, the customer declares that the purchase of products on the site is for personal and non-commercial purposes.

To make a purchase on the site, we recommend that the user create a personal account (the user can also place an order as a guest) in order to have more efficient services available. Once an account has been created, the user is required to maintain the confidentiality of his/her access information and assumes full responsibility for every action carried out through his/her account.

Before placing an order, the customer can select one or more products from the various categories available on Nivy.it.

If a product the user is interested in becomes unavailable during the checkout phase, the order will be blocked and the user will be informed of the reason.

In rare cases, computer problems may occur, so it may happen that an unavailable product can still be purchased. In these circumstances, we will refund the price of the item and send the remaining contents of the order. If the user is not interested in receiving the order partially, he/she may use the right of withdrawal as provided for in art. 9 of this document.

All our items comply with the regulations in force in Italy and the user must use the products as intended.

Nivy is free to change the product assortment, prices, descriptions and availability at any time and without notice.

Nivy strives to ensure that the colours in product images are as accurate as possible, but due to various factors (e.g. different types of screens), these may not be accurate.

If the user's expectations are not met, the latter may take advantage of the right of withdrawal as provided for in art. 9 of this document.

When a user wants to purchase on our site, they simply have to add one or more items to the cart and proceed with checkout.

During this phase it is necessary to:

• Having accepted the terms and conditions of sale, the general conditions of use and the privacy policy of Nivy.
• Please provide all necessary information for payment and shipping to be successful.

The user will have the opportunity to review his order, read the various conditions of sale, check the price and characteristics of the product and communicate any errors, only before confirming the order itself.

If the customer notices any errors only after completing the purchase, he/she may take advantage of the right of withdrawal as provided for in art. 9 of this document.

Nivy reserves the right not to process an order if it notices problems during the order processing phase. In case of order cancellation, Nivy will notify the customer via email.

The sale will be concluded only when the customer is confirmed that the order has been delivered to the courier.

Once the checkout is completed, Nivy will send the customer an email containing the order summary. This email does not constitute a purchase confirmation in any way. The sale, in fact, will be considered concluded only when the user receives a shipping confirmation email.

The Nivy team will work to ensure that order preparation times are as short as possible, trying, even in peak periods, to entrust orders to the courier within 24 hours of receiving them.

The prices indicated on our website are in Euros and include VAT (shipping costs included).

Nivy may change the prices of the products either due to variations in the VAT rate or due to company choice at any time and without notice.

The price of the product does not include any shipping costs, which will be calculated only during the order summary phase, before completing the checkout.

The customer can consult any shipping costs by reading the information relating to shipping.

Shipping costs may be changed at any time and for any reason by Nivy.

The customer guarantees Nivy that he is authorized to use the payment method chosen during checkout. Any bank charges are the responsibility of the customer.

In case of non-payment, Nivy will cancel the order and notify the customer via email.

Nivy accepts the following payment methods:

• Credit/debit cards, Visa or Mastercard;
• PayPal;
• Mark;
• Online coupons.

Orders placed by the customer will be shipped to the address entered during checkout via GLS express courier.

GLS delivers within 24/48 hours (48/72 hours for Calabria, Sicily and Sardinia) from Monday to Friday, from 9:00 to 18:00, except on public holidays (delivery times start from the receipt of the shipping confirmation email).

Upon delivery, GLS will sign an electronic receipt which will serve as proof of delivery.

If the customer is absent at the time of delivery, he/she will receive a notice of attempted delivery with which he/she can contact GLS to arrange a new delivery. If GLS is not contacted, it will independently arrange a further delivery in the following days.

If, even on the second attempt, the customer is absent, the courier will leave a notice containing the address of the nearest GLS depot, where the package can be collected within and no later than 10 days. After this period of time, the package will return to our logistics center and the customer will be refunded the value of the order minus shipping costs, storage costs and any other additional costs.

Any delays in shipping are not dependent on Nivy.

Upon delivery, the customer must check whether the order packaging is intact and, if any damage is noted, must:

• Please inform the courier immediately before signing for delivery.
• Report the incident to Nivy by sending an email to info@nivy.it

If the customer does not comply with these points, he/she may not be entitled to a refund of the order and/or the return of the ordered items.

If the customer notices any damage or defects in the product during the 2-year warranty, he/she can notify us of the incident by sending an email to info@nivy.it specifying the nature of the defect and attaching clear photographic documentation.

Once it is recognized that the defect or damage is not accidental, the exchange of the same item will be sent at Nivy's expense, with collection of the defective piece. If only 14 days have passed since the order was received, the defective or damaged piece must be packaged and returned to the courier together with all its accessories.

For each order, the customer will have 14 days from receipt of the latter to withdraw from the purchase.

To exercise the right of withdrawal, the customer is requested to write an email to info@nivy.it and follow the instructions of our team.

The return will always be at the buyer's expense, who can freely decide whether to rely on GLS or choose another.

To receive a refund for the item (excluding shipping costs), the item must not be worn, therefore Nivy reserves the right to view the returned item before proceeding with the credit.

The package containing the item to be returned must be sent to Il tarì, zona asi sud, mod 232, 81025 Marcianise (CE).

For more information regarding returns, we recommend that you view the returns/exchanges section.

These terms and conditions of sale set out all of Nivy's obligations and responsibilities regarding the sale of products.

Nivy will not be liable where:

• The customer uses the product in a manner not compliant with the intended use.
• Damages and losses are caused to the customer due to a failure to execute the order.
• Any inaccuracies in the texts communicated by third parties should be reported.
• Illegal acts are committed on the payment methods communicated by the customer.
• Problems occur with the courier.
• By using the site, the customer suffers damages, whether foreseeable or not.
• The customer provides incorrect or false data.

If Nivy is held liable for damage limited to an order, it will only refund the amount paid by the customer.

The customer undertakes to:

• pay the price of the products purchased in the manner and within the timeframes set out in the conditions of sale.
• Print the following conditions of sale once the purchase is completed.
• Enter your data correctly and do not make false declarations.
• Keep your account information confidential.

The terms and conditions of sale are constantly updated, therefore it may happen that following a legislative change one or more points may be invalidated. If this occurs, the Terms and Conditions of Sale will always be valid, with the exception of the invalidated points. Nivy undertakes to ensure that the points data are updated as quickly as possible.

Last modified: April 2020