GENERAL TERMS AND CONDITIONS OF ONLINE SALES

GENERAL TERMS AND CONDITIONS OF ONLINE SALES

These General Terms and Conditions of On-Line Sales (online conditions) apply exclusively to the remote web-based sale of the products fully illustrated and described on the website www.NOYBWEAR.com.

In the event of any changes to the Online Terms, the Online Terms posted on the site at the time the order proposal (hereinafter "Order Proposal") is submitted by the purchaser of the Products (hereinafter "Customer") shall apply to the purchase made.

It will be possible to check the appropriate section of the Site for any previous versions of the Online Conditions, which will be savable and printable.

The Customer is required, before submitting the Order Proposal, to read and accept these Online Conditions.

Submission of the Order Proposal implies full knowledge and express acceptance of these Online Conditions.

For any legal information, please see the sections: Privacy Policy, Site Terms of Use and Cookie Policy 

ART. 1 - NOYBWEAR - CUSTOMER

  • Products are sold by NOYB WEAR s.r.l. (NOYBWEAR) with registered office in Italy, via Giulio Caccini 1 – 00198 – Rome, e-mail noybwear@noybwear.com, PEC noybwear@legalmail.it, VAT 17080731007
  • These Online Terms and Conditions regulate the purchase of products on www.noybwear.com (hereinafter, the "Site") and do not, however, regulate the sale of products or services by parties other than NOYBWEAR that are present on the Site through links, banners, or other hypertext links. NOYWEAR is not responsible for the provision of goods and services by third parties.
  • The Customer will be identified through the data entered in the Order Proposal. It is forbidden to provide false and/or invented data: the Seller is exonerated from any responsibility in this regard.
  • Product offerings on the Site are intended for customers who are 18 years of age or older. By placing an order through the Site, the customer warrants that he or she is over 18 years of age and in each case has the legal capacity to enter into binding contracts.

ART. – MODE OF CONTRACT COMPLETION

  • The information set forth in these Online Terms and the details contained in the Site do not constitute an offer to the public, but merely an invitation to place an Order Proposal. Following the submission of the Order Proposal, the Customer will receive an e-mail confirmation that the Order Proposal has been received (Hereinafter "Confirmation of Receipt of Order Proposal").

email will not result in acceptance of the Order Proposal, which will be deemed accepted only when the Customer receives a subsequent email confirming that the Order Proposal has been accepted and that the Products are being shipped (hereinafter "Order and Shipment Confirmation").

Accordingly, no contract will exist between the Customer and the Seller until the Order Proposal is explicitly accepted by the Seller through the sending of the Order Confirmation and Shipment. The online purchase contract (hereinafter the "Contract") shall, therefore, be deemed concluded only when the Customer receives the Order and Shipment Confirmation ("Contract Conclusion Date"): from this point forward the Order Proposal will be referred to simply as the "Order".

  • Before submitting the Order Proposal, the Customer will be asked to confirm that he/she has read and accepted the Online Conditions, including the clauses that determine unfavorable conditions against the Customer (e.g. limitations of liability, right to withdraw from the contract, exceptions to the jurisdiction of the judicial authority, return and refund etc).
  • The Customer will receive by e-mail, upon conclusion of the contract, the Order and Shipment Confirmation containing a reference to these Online Conditions, already read and accepted by the Customer by sending the Order Proposal and a summary of the Order.
  • NOYBWEAR reserves the right, prior to sending the Order and Shipment Confirmation, to request additional information regarding the Order Proposal via email or telephone.
  • NOYWEAR may not process Order Proposals that do not give sufficient guarantees of solvency or that are incomplete or incorrect, or in case of unavailability of the Products.

In these cases, no later than 30 (thirty) working days from the day on which the Customer has transmitted the Order Proposal, we will inform the Customer by e-mail that the contract is not concluded and that the Order Proposal will not be followed up specifying the reasons for it. In this case, any amount already committed to the chosen means of payment will be decommitted.

  • NOYBWEAR undertakes to deliver the ordered Products as soon as possible (taking into account the shipping method selected by the Customer) and in any case no later than 30 (thirty) days from the Date of Conclusion of the Contract.
  • NOYBWEAR reserves the right to reject Order Proposals from a Customer with whom a dispute and/or dispute regarding a previous Order is pending or has previously occurred. This also applies to all cases in which NOYBWEAR deems the Customer to be unfit, including, but not limited to, the case of previous violations of the Online Terms, the Loyalty Program, or for any other reason, especially if the Customer has been involved in fraudulent activities of any kind.
  • Although NOYBWEAR constantly takes measures to ensure that the photographs shown on the Site are faithful reproductions of the Products, including taking every technological solution possible to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution characteristics of the computer used. Accordingly, NOYBWEAR shall not be responsible for any inadequacy of graphic representations of Products shown on the Site where due to the aforementioned technical reasons, since such representations are for illustrative purposes only.

ART. 3 – SALE PRICES AND SHIPPING COSTS

  • The prices of the Products (hereinafter "Price(s)") and shipping cost (hereinafter "Shipping cost") are as stated on the Site and at the time the Order Proposal is transmitted.

Prices and Shipping Cost are exclusive of any costs associated with customs duties, which will be quantified at the time of delivery (unless otherwise specified in the Order Proposal).

  • Despite all efforts, it is not possible to exclude the possibility that for some of the Products on the Site a price different from the actual price is indicated by mistake. It will be NOYBWEAR's responsibility to verify the correctness of the Prices before sending the Order Confirmation and Shipment.

In the event that, due to technical glitches, clerical errors or other inconvenience, the Price shown on the Site is lower than the correct sale price of the Product, the Customer will be contacted to verify whether still wishes to purchase the Product at the correct price.

In case you do not wish to proceed with the purchase, the Order Proposal will be cancelled.

Should the price listed on the Site be higher than the correct sale price of the Product, the Order will be followed up by charging only the lower price.

ART. - PAYMENT METHOD

  • Payment can be made by any of the methods listed in the "Payment Methods" section.
  • Major credit and prepaid cards are accepted. Payment by credit cards will be made at no additional charge. The Customer making the payment confirms that he/she is the owner of the credit card used. Without these prerequisites, it will not be possible to proceed with the Order Proposal. When the Order Proposal is submitted, only the commitment of the amount will be made: the actual charge will be made only at the time of Order Confirmation and Shipment. In the event that the amount cannot be charged, the Order Proposal will be automatically cancelled. It should be noted that NOYBWEAR is not able to fully know the Customer's credit card information, which is handled directly by the third party administering the payment. For this reason NOYWEAR will not be aware of this data, nor will it retain it and will only have access to the partial information that the Customer decides to save (e.g. card type, card expiration date, cardholder), which is insufficient to identify the card but useful to the Customer in case of subsequent purchases. In no case, therefore, can NOYBWEAR be held responsible for the fraudulent use of credit and prepaid cards by third parties.
  • If you choose the Cash on Delivery payment method (where this is permitted), the Order must be paid in cash or by bank draft directly to the courier who will deliver the Products.

ART. 5 – SHIPPING AND DELIVERY

  • Each shipment contains the Products ordered and any free gifts, any accompanying documentation required in the country of shipment, and any informational and marketing materials.
  • The purchase invoice relating to the Order, if expressly requested during the Order Proposal by the Customer, will be made available in the Customer's area of the Site or, in the case of a non-registered Customer, on the page containing the details of the Order, in both cases subject to notification by e-mail.
  • The Products will be delivered by the courier identified by NOYBWEAR. You will be able to consult the "Shipping" section on the Site at any time for additional information on shipping costs, times and methods. Delivery of the Products may be made in the following ways delivery to the address indicated by the Customer; delivery to an agreed pick-up point and collection by the Customer (where this is permitted); delivery to a locker (where this is permitted).
  • In the event that delivery is not possible due to the absence of a pick-up person, the additional rates indicated in the shipping section will apply in the case of storage. In case of failure to collect the Products within 10 (ten) days and in case of non-receipt of the Products sent to the address chosen by the Customer, the Order will be cancelled, NOYBWEAR may withhold from the cost paid for the purchase of the product the higher costs of storage, collection and reshipment and will reimburse the Customer for any difference on the same means of payment used for the purchase. In the event that the costs of storage and collection of the Products are greater than the price paid by the Customer at the time of Purchase, NOYBWEAR may require payment of the difference of the due.
  • Upon receipt of the Products, it will be the Customer's responsibility to check the integrity and presence of damages to the package that are immediately evident (for example: wet packaging, damaged packaging, etc.). In case of anomalies, the Customer will be required to detect them immediately, having them noted by the courier and refusing delivery. Otherwise, the Customer will forfeit the possibility of asserting its rights in this regard.
  • The Site is structured with functionality such that the Customer can access the Site and place the Order regardless of nationality and geographical location.

The Customer shall be entitled to receive the Products at a delivery address of the Customer's choice, provided that the address is within the countries where NOYBWEAR products can be purchased.

ART. 6 – RIGHT TO WITHDRAW.

  • The Customer shall have the right to withdraw from the contract concluded on the Site, without specifying the reason, in accordance with the instructions provided in this article and only for the products specified in the following paragraphs.
  • The Customer shall notify NOYBWEAR, in the way set forth in paragraph 6.3, of its intention to exercise the right of withdrawal within the period of 14 days, commencing on the day on which the Customer or an agent of the Customer acquired physical possession of the Products.

In the event that more than one Product has been purchased with the same Order, the wish to withdraw may be communicated at different times, always within the period of 14 (fourteen) days starting from the day on which the Customer or an agent of the same (other than the courier) acquired physical possession of the Products.

After communicating the wish to withdraw, the Customer will have an additional 14 days to return the Products in the manner indicated in paragraph 6.3 below.

In the case of several Products purchased with the same Order, where the Customer partially exercises the right of withdrawal, and, therefore, permanently withholds some Products and returns only some of them, he/she will NOT receive any reimbursement of shipping costs.

In the event that more than one Product has been purchased with the same Order, where the intention to withdraw is communicated at different times, always within the term of 14 (fourteen) days from the receipt of the products, and the return is made at different times (always within the term of 14 days from the date on which the Customer communicated his decision to withdraw from the Contract), if with the last return the customer has returned all the Products that are part of the Order, he will also receive a refund of the shipping costs.

  • To exercise the right of withdrawal, the Customer shall follow the return procedure indicated on the Site. Alternatively, the Customer may submit to NOYBWEAR any other explicit statement of intent to exercise the right of withdrawal, including by completing the Withdrawal Form, which should be sent by registered mail with return receipt, pec, courier with return receipt to Noyb Wear s.r.l., via Giulio Caccini 1 – 00198 – Rome - Italy or by e-mail at noybwear@noybwear.com .
  • The right of withdrawal is subject to the following conditions:
  1. a) within 14 (fourteen) days from the date on which it communicated its decision to withdraw from the Contract, the Customer shall ship, at its own care and expense, the Products to Noyb Wear s.r.l., via Giulio Caccini n. 1 – 00198 – Rome - Italy, by Courier or by registered mail A/R 1 with acknowledgement of receipt, or by Courier chosen by NOYBWEAR at the request of the Customer;
  2. b) the returned Products purchased with the same Order may also be returned at different times, always within the term of 14 (fourteen) days from the date on which the Customer has communicated his decision to withdraw from the Contract; the products returned in the exercise of the right of withdrawal (hereinafter the "Returned Products") must be returned in their entirety, remaining excluded the possibility of returning only some parts or components of them;
  3. c) Returned Products must not have been used, worn, washed, soiled or damaged and must not bear any signs of use (as normally allowed in a store fitting room);
  4. d) Returned Products must be returned packaged as they were shipped, complete with all accessories and labels (e.g. the products must be returned in their original packaging, complete with the relevant intact packaging, the relevant carton, and so on);
  5. e) in cases where NOYBWEAR offers the possibility of purchasing certain Products by taking advantage of specific promotions, the right of withdrawal may also be exercised by returning only some of the Products on promotion: in this case, the price of the Returned Product actually paid and resulting from the commercial document/purchase invoice will be refunded, with shipping costs charged as specified in the following paragraph.
  • In the event of withdrawal, NOYBWEAR shall refund to the Customer all payments made for the purchase of the Returned Products, except for the following charges, which, if applicable, shall remain the responsibility of the Customer (and without prejudice to what has already been specified in Section 7.1 for the case of partial withdrawal and for the case of the shipping costs of the returned product):
  • the additional costs of shipping the Order (already initially paid by the Customer at the time of purchase), if the Customer has chosen a different courier and/or delivery method than the standard type of delivery made available by NOYBWEAR;
  • any costs related to the order that may be incurred (e.g., cash-on-delivery charges, cost of gift wrapping, customs duties of setting up and export and related costs, etc.);
  • in the event that the Products are located in a country other than the country of the Site on which the Order was placed, the Customer will remain responsible for the organization, costs, any customs duties and shipping costs necessary to get the Products to NOYBWEAR at the above address.
    • It should be noted that, in the event that the right of withdrawal is exercised, the Customer shall bear the costs of returning the Returned Products to NOYBWEAR (including customs fees, if any).
    • After exercising the right of withdrawal by making the return request in the prescribed manner, the Customer will receive the confirmation of return entry (hereinafter "Return Entry Confirmation"). After verification by NOYBWEAR that all the procedures required by this article for the exercise of the right of withdrawal have been complied with, the Customer will receive approval of the return made (hereinafter "Return Approval"). NOYBWEAR will refund to the Customer the sums paid for the purchase of the Returned Products no later than 14 days from the day NOYBWEAR was informed of the decision to exercise the right of withdrawal, provided that NOYBWEAR has already received the return of the goods and has had the opportunity to verify that the condition of the returned Products complies with the return policy described above, being able, until then, to withhold the refund. NOYBWEAR will use the same means of payment used for the purchase of the Products for the refund..
    • In the event that the right of withdrawal is exercised without complying with the procedures set forth in this Article 6, the Customer shall not be entitled to any refund. Within 10 days after sending the e-mail notifying the Customer of the non-acceptance of the return and the reasons for it, by replying to the same e-mail the Customer may choose to re-obtain, at His expense, the Returned Products. Otherwise, NOYBWEAR may lawfully retain the Returned Products, in addition to the amounts already paid for their purchase and shipment.
    • Right of withdrawal is excluded:
  1. in case of customized products (if any).;
  2. for hygienic reasons, in case of purchase of tucking briefs and menstrual boxer shorts from packing whose original package has been opened.

ART. – WARRANTY FOR NONCONFORMING PRODUCTS

  • NOYBWEAR shall be liable for any defect in the Products and for the nonconformity of the Products with the Order placed, existing at the time of delivery of the goods.

The warranty is 2 (two) years from the time of delivery of the goods, unless contrary to prevailing mandatory regulations of the Customer's country of habitual residence. This warranty is valid if:

  1. the defect becomes apparent within 2 (two) years from the date of delivery of the Products;
  2. the Customer presents the commercial document/invoice of purchase.
    • In the event that the lack of conformity of the purchased Products has been established by NOYBWEAR, the Customer shall have the right to obtain without additional expenses the refund of the amount paid for the purchase of the Products or the replacement of the Products with others available.
    • All costs of return of products recognized as defective will be borne by NOYBWEAR.

ART. – CONTACTS

  • In case the Customer sends emails, SMS and other communications through cell phone or computer (e.g. chat) is communicating in writing in electronic format. Please take into consideration the fact that NOYBWEAR may communicate with the Customer through different ways, for example, by email, SMS or by posting messages and communications on the Site.

ART. – PRIVACY

  • Please access the Privacy Policy posted on the Site to get all the information about how we process your personal data.

ART. 10 – APPLICABILE LAW– DISPUTE RESOLUTION– JURISDICTION.

  • These Online Conditions are governed by and shall be construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rules of the Customer's country of habitual residence.

The interpretation, execution and resolution of the Online Conditions are subject exclusively to Italian law (without prejudice to any other prevailing mandatory rule of the country of habitual residence of the Customer) and any disputes inherent and/or consequent to the same shall be resolved exclusively by the Italian judicial authority, as better specified below.

Where the Customer qualifies as a Consumer, any disputes shall be resolved by the Court of the Customer's place of domicile or residence under applicable law or, at the Customer's option, in the event of action taken by the Customer, by the Court of Rome. If, on the other hand, the Client acts in the exercise of his or her entrepreneurial, commercial, artisanal or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Rome.

  • Online platform for alternative dispute resolution (ODR).

NOYBWEAR is always available to seek an amicable solution to disputes that have arisen, through the contacts indicated in the points above, please be advised that, according to Article 14 of EU Regulation No. 524/2013 and by the resolution on ODRs set forth in Statutory Instrument No. 500/2015 in force as of February 15, 2016, an online platform for the resolution of ODR disputes ("online dispute resolution") arising from the purchase of goods online has been established by the European Commission accessible at the following link:   https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage .

Through the ODR platform, it is possible to browse the list of ODR bodies, find the link to each of them and initiate an online dispute resolution procedure. More information about the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show

  • It is without prejudice in any case to the Customer's right to apply to the ordinary court of competent jurisdiction for the dispute arising from these Online Conditions, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, where the conditions are met, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the relevant procedures.

ART. 11 - EDIT AND UPDATE

  • These Online Conditions may be changed at any time.

You will be asked to agree only to the Online Terms in effect at the time of purchase.

New versions of the Online Terms will be effective as of the date they are posted on the Site and with respect to Orders submitted after that date. It will be possible to check any previous versions of the Online Conditions in the appropriate section of the Site

VERSION UPDATED TO NOVEMBER 30, 2023