Terms & Conditions

Subject

These General Terms and Conditions of Sale (hereinafter, General Terms) regulate the remote purchase of Products, carried out via telematics network, from the Website https://www.nanapositano.it/it (hereinafter, the Website).

The Website owner is:

Nanà Positano di Anna Caiazzo (hereinafter, Nanà Positano)
Via Pasitea 164, 84017 Positano (SA) - Italy
VAT NUMBER: 04812230656

 

Acceptance of the General Terms and Conditions of Sale

All purchases of Products made through the Website (hereinafter, Purchase Contracts) by users accessing it (hereinafter, Customers) are governed by these General Terms as well as by the Consumer Code (Legislative Decree no. 206/2005), section II Distance Contracts (art. 50 – 67) and by the regulations regarding electronic commerce (Legislative Decree 70/2003). By concluding Purchase Contracts according to the procedure, the Customer accepts and undertakes to observe these General Terms. The Customer is therefore invited to read these General Terms carefully before performing any purchase operation and, once the purchase procedure provided by the Website has been completed, to print or otherwise save them as preferred. Nanà Positano may modify the content of the General Terms at any time and without notice; the General Terms published on the Website at the time the order is sent by the Customer will apply to the Purchase Contracts.

Products

www.nanapositano.it is a telematics website for the sale of sandals and accessories (hereinafter, the Products). All Products offered are illustrated in detail on the Website's Homepage, within their respective sections, distinguished by Product categories. The visual representation of the Products on the Website, where available, generally corresponds to the photographic image of the Products themselves and serves solely to present them for sale, without any guarantee or commitment by Nanà Positano regarding the exact correspondence of the image shown on the Website to the actual Product; this applies in particular to its actual dimensions and/or the chromatic aspects of the Products and/or packaging. In the event of a discrepancy between the image and the written product sheet, the description in the product sheet always prevails.

Purchase procedure

The Customer may purchase the Products present in the Nanà Positano electronic catalogue, illustrated in detail on the Homepage of the website www.nanapositano.it within the respective sections by product category, as described in the relevant information sheets contained on the Website, complying with the technical access procedures illustrated therein. The publication of the Products displayed on the Website constitutes an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and implies complete knowledge and full acceptance of these terms.

General conditions

Correct receipt of the Customer's proposal is confirmed by Nanà Positano by means of an automatic reply sent to the email address provided by the Customer and confirms only the correct receipt of the proposal within the information systems. This confirmation message will indicate an "Order Number" to be used in any subsequent communication with Nanà Positano. The message will reproduce, in addition to the information required by law, all data entered by the Customer, who undertakes to verify its correctness and to communicate any corrections promptly. Any additional costs caused by errors in the data that are not promptly reported will be borne exclusively by the Customer. Each order can be viewed by the Customer on the Website, in their personal area, immediately after the order is sent and can be cancelled until the item is put into production. Nanà Positano undertakes to promptly notify the customer of any delays or cancellations of the order due to excess demand or other causes.

In case of order cancellation by the Customer (via the reserved area or via email to: info@nanapositano.it), any amounts paid will be refunded to the customer. Depending on the Credit Card issuer, the refund may take up to 7 working days to reach the customer's account. Each purchase contract concluded between Nanà Positano and the Customer must be understood as concluded upon acceptance of the order by Nanà Positano, which has the right to accept or refuse the order sent by the Customer at its own discretion, without the latter being able to make any claims or rights of any kind, including compensation, in the event of non-acceptance of the order. In particular, Nanà Positano reserves the right not to accept purchase proposals and to cancel orders that do not provide sufficient guarantees of solvency or if – also following verification with the circuit that manages credit card payments – anomalies in the transactions and payment methods used by the Customer emerge. Order confirmation is given to the Customer when the Products are delivered to the courier in charge of shipping with the relative invoice issuance.

 

Product prices

All Product prices are clearly indicated on the Website. Delivery costs are clearly highlighted at the time of ordering. The cost of each shipment may vary based on the delivery and payment method, as well as the destination and total order amount.

 

Methods and costs of delivery

Nanà Positano delivers to all countries indicated on the Website and delivery will take place without an appointment. Nanà Positano issues a receipt or invoice for the purchased Products when the Products are prepared for shipment, inserting a copy inside the package or sending it via email to the Customer. The information provided by the Customer shall be taken as binding for the issuance of the invoice. No changes to the data will be possible after the invoice has been issued. No responsibility, for any reason, may be charged by the Customer to Nanà Positano in case of delay in processing the order or in the delivery of the Products covered by the Purchase Contracts. The ordered Products will be sent to the postal address specified by the Customer. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays. Delivery is considered completed at the moment the Product is made available to the Customer at the address specified in the order form. Upon delivery of the Products by the courier appointed by Nanà Positano, the Customer is required to check scrupulously: a) That the tamper-evident label is intact and the packaging is not damaged or otherwise altered; b) That the number of pieces being delivered corresponds to what is indicated in the transport document. Any damage to the tamper-evident label, packaging, and Products, or the mismatch in the number of pieces/packages or information, must be immediately contested by the Customer, who can contact Nanà Positano by sending an email to: info@nanapositano.it, specifying the order for which such issues occurred. Cases of force majeure, unavailability of transport means, as well as unpredictable or inevitable events that cause a delay in deliveries or make deliveries difficult or impossible, or cause a significant increase in the delivery cost borne by Nanà Positano, will entitle the latter to split, postpone, or cancel, in whole or in part, the scheduled delivery or to terminate the Purchase Contract. In such cases, it will be Nanà Positano's responsibility to provide timely and adequate communication of its decisions to the email address indicated by the Customer, and the latter will have the right to a refund of the price already paid, excluding any further claim of any kind against Nanà Positano.

If the Product is delivered to a country belonging to the European Union, the Product sold should not be subject to any customs clearance costs, such as import taxes and/or duties. In the case of delivery to a country not belonging to the European Union, the Products sold may be subject to customs clearance costs, such as import taxes and/or duties, payable upon arrival of the Product in the country of delivery. Such costs cannot be predicted in advance by the Seller and are, in any case, entirely borne by the Customer.
For more information, the Customer can contact the customs office of the country of delivery of the Product.

 

Payment methods

Payment for the purchased Products is made via PayPal and any other payment method indicated from time to time by Nanà Positano on its website.

PayPal

PayPal, a company of the eBay group, is a fast and secure payment system. Once payment via PayPal is chosen, the buyer will be redirected to the PayPal Website where, if already registered, they can access their account by entering their personal email address and password, or pay with their credit card without any registration. Choosing to pay with PayPal, the amount is charged directly to the assigned credit card (Visa, Visa Electron, Mastercard) or prepaid card (PostePay). PayPal protects the buyer's information as no financial information is passed on. For every transaction performed with this method, a confirmation email will be sent from PayPal. It is specified that the order amount is charged to the PayPal account when the order is taken over by the courier. During the order entry phase on the Website, a request for authorization will simply be made to check for availability in the Customer's PayPal account, without any charge. In case of cancellation, the amount is refunded to the Customer's PayPal account.

Right of withdrawal

Purchases made on the website www.nanapositano.it are governed by these General Terms as well as by Italian law on mail order/distance sales. Pursuant to Art. 64 and following of Legislative Decree 206/2005 (Consumer Code), the consumer Customer (i.e., a natural person who purchases goods for purposes not related to their professional activity, or without indicating a VAT number reference) has the right to withdraw from the purchase contract for any reason and without providing explanations, under the conditions set out below. To exercise this right, the Customer must send a communication to that effect, via registered letter with return receipt, within 10 (ten) working days from the date of receipt of the goods. The substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal. It is, however, sufficient that the goods are returned in a normal state of preservation.

The right of withdrawal cannot be exercised in the event that:
- the Products have been custom-made or personalized;
- the Products are liable to deteriorate or expire rapidly;
- sealed Products are not suitable for return for hygienic reasons and have been opened after delivery;
- the Products are, after delivery, inseparably mixed with other goods;
- the Customer is responsible for any diminished value of the Products resulting from handling the Products other than what is necessary to establish the nature, characteristics, and functioning of the Products themselves.

Refund times and methods
Once the integrity of the returned Product has been verified, Nanà Positano will refund the Customer the entire amount paid for the Products covered by the Purchase Contract subject to withdrawal, no later than 30 (thirty) days from the return of the Products themselves. Nanà Positano will refund the entire value of the order, or part of it if the withdrawal is partial, via bank transfer, or by other methods specifically agreed between Nanà Positano and the Customer. It is specified that in compliance with current legislation on the matter, Nanà Positano will refund the Customer the sums paid by the latter as the price of the Products. The costs necessary for the return of the Products subject to withdrawal to Nanà Positano will remain the responsibility of the Customer.

Non-conformity of products and defective products

The Products offered on the Website comply with the national and EU legislation in force in Italy. The images and colors of the Products published on the Website may differ from the real ones due to the local settings of the systems and/or tools used for their display. In the event of a lack of conformity of the purchased Products with respect to the description published on the Website and in the case of a faulty or defective Product, the Customer has the right to a refund or replacement of the non-conforming good. A communication will follow from the Nanà Positano staff with the indication of the refund method, which could also take place through discount vouchers on the next purchase exceeding the value of the goods to be refunded, excluding any further responsibility of Nanà Positano, for any reason.

Processing of personal data

Customer data is processed by Nanà Positano in accordance with the provisions of current legislation on the protection of personal data, as specified in the notice present in the specially dedicated section, entitled "Privacy Policy".

Communications and complaints

All communications or any complaints from the Customer towards Nanà Positano regarding the Purchase Contracts must be communicated through the appropriate contact forms present within the Reserved Area.

Intellectual property rights

All trademarks (registered and unregistered), as well as any and all works of the intellect, distinctive signs or names, images, photographs, written or graphic text, and more generally any other intangible asset protected by international laws and conventions on intellectual property and industrial property, reproduced on the Website remain the exclusive property of Nanà Positano and/or its assignors, without any right to the same deriving to the Customer from access to the Website and/or the Conclusion of Purchase Contracts. Any use, even partial, of the same is prohibited without the prior written authorization of Nanà Positano and/or its assignors, in favor of whom all related rights are reserved exclusively.

Competent Court

Any disputes relating to the interpretation and execution of contracts concluded in adherence to these general conditions will be resolved before the Judicial Authority competent based on the applicable legislation, in the case of "consumer" customers, while for "professional" customers the competent court will be Salerno.