Terms and Conditions

The products for sale on www.nicolefontana.com (the “Site”) are sold and invoiced by Nicole Fontana, with registered office at Via Argini Nord, 45 Ter – 43030 Montechiarugolo (PR), Italy, registered with the Parma Chamber of Commerce under REA no. PR – 276678, Tax Code FNTMNC94P50F463F, VAT no. 02910350343.

For any information regarding orders, shipments and purchases in general, you may contact Nicole Fontana customer care at:

• E-mail: customercare@nicolefontana.com
• Phone: (+39) 333 906 6736
• Hours: 8:30 – 18:00 (CET)

1. Acceptance of the general terms of sale and conclusion of the contract

1.1 The contract between Nicole Fontana and the Customer (i.e. the natural person making a purchase on the Site for purposes unrelated to their commercial, business or professional activity) is concluded upon acceptance, even partial, of the order by Nicole Fontana. Should the order not be accepted, Nicole Fontana will promptly notify the Customer.

1.2 By placing an order via the form on the Site (the “Order”), the Customer declares to have reviewed all information provided during the purchase process and to fully accept these general terms (the “Terms”).

1.3 These Terms may be printed or saved on a durable medium, in accordance with art. 12 of Legislative Decree 70/2003 and art. 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.

2. Purchase procedure

2.1 The products offered for sale are solely those present on the Site at the time the Order is submitted, as described in the relevant product information sheets.

2.2 The images accompanying a product description are for information purposes only and may not perfectly represent its characteristics, differing for example in colour and size (also depending on the browser and monitor used).

2.3 To place an Order, the Customer must complete the relevant form on the Site in full and submit it after carefully reviewing the Terms and the characteristics of the products they intend to purchase. The Customer may also request that Nicole Fontana issue a tax invoice for the purchase, pursuant to art. 22 of Presidential Decree no. 633/1972.

2.4 Correct receipt of the Order is confirmed by Nicole Fontana via an e-mail reply sent to the address provided by the Customer. This message summarises the purchase conditions, as required by applicable law, as well as the data entered in the Order, so that the Customer may verify them and promptly communicate any corrections.

3. Prices and payment methods

3.1 The prices shown on the Site are inclusive of taxes and VAT. Any shipping or payment costs are communicated to the Customer in advance through the Site or these Terms. It is hereby specified that, in the event of withdrawal, the cost of returning the products is borne by the Customer (see art. 5).

3.2 The following payment methods are available:

(i) PayPal – The Customer may use the PayPal circuit according to its specific terms.

(ii) Credit card – For credit card payments, the transaction takes place through the secure PayPal server or another secure server chosen by Nicole Fontana. At no stage of payment is Nicole Fontana able to access the Customer’s credit card information, which is transmitted via a protected connection directly to the website of the bank handling the transaction. No archive of Nicole Fontana stores such data; therefore Nicole Fontana cannot be held liable for any fraudulent use of credit cards by third parties.

(iii) Bank transfer – For purchases by bank transfer, the bank details for payment will be displayed. The goods will be shipped only upon actual receipt of payment.

4. Delivery of products and related costs

4.1 The purchased products will be delivered to the address indicated by the Customer in the Order within 10 working days of acceptance of the Order, at the cost indicated on the Site before the Order is submitted. Nicole Fontana reserves the right to accept or decline deliveries requested outside Italian or European borders; in such cases, costs and delivery times may vary.

4.2 For deliveries to countries outside the European Union, any import customs duties shall be borne by the recipient. The Customer is invited to contact their country’s customs authorities in advance to verify costs and any import limits.

4.3 The delivery times indicated are purely indicative. A delay, or delivery made in separate shipments, does not entitle the Customer to refuse delivery or to claim compensation or indemnities.

4.4 Upon delivery, the Customer must check that the number of packages matches the transport document and that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or product, or any discrepancy in the number of packages, must be immediately noted on the delivery document to be returned to the courier. Any issues regarding the integrity, correspondence or completeness of the products received must be reported within 7 days of delivery.

5. Right of withdrawal

5.1 Pursuant to arts. 52 et seq. of Legislative Decree 206/2005 (Italian Consumer Code), as amended by Legislative Decree 21/2014, the Customer may withdraw from the purchase contract for any reason, without giving reasons and without penalty, within 14 (fourteen) days from the date of receipt of the products.

5.2 To exercise the right of withdrawal, the Customer may use the digital withdrawal function available on the Site, accessible via the dedicated “Withdrawal request” button in the Site footer and, for registered users, also in the “My account” area next to each order. The function is available throughout the withdrawal period and is accessible both to registered Customers and to those who purchased without registering. Once the online procedure is completed, the Customer will receive confirmation of receipt of the withdrawal declaration on a durable medium (e-mail), indicating the date and time.

5.3 Alternatively, the Customer may communicate their decision to withdraw by means of an explicit statement sent to customercare@nicolefontana.com, including by using the model withdrawal form set out in Annex I, part B, of Legislative Decree 206/2005.

5.4 In the event of withdrawal, the Customer must return the products to Nicole Fontana at their own expense within 14 (fourteen) days of communicating the withdrawal, to the following address: Via Argini Nord, 45 Ter – 43030 Basilicanova di Montechiarugolo (PR), Italy. The goods must be returned intact, complete with all their parts and in the original packaging, handled only for the time strictly necessary to establish their nature, characteristics and size, with ordinary care. The following conditions apply:

• the product must be returned in its original packaging, complete with all its parts (including packaging and any documentation and accessories: labels, tags, seals, etc.);
• the shipping costs (and any customs duties) for returning the goods are borne by the Customer;
• the shipment, until confirmation of receipt at the warehouse indicated by Nicole Fontana, is under the Customer’s responsibility;
• in the event of damage to the goods during transport, Nicole Fontana will notify the Customer to allow them to promptly file a claim against the courier and obtain the relevant refund; the product will then be made available to the Customer, with simultaneous cancellation of the withdrawal request;
• Nicole Fontana is not liable for damage, theft or loss occurring during the return shipment.

5.5 Nicole Fontana will refund the Customer the full amount paid, net of any supplementary shipping costs pursuant to art. 56, paragraph 2, of Legislative Decree 21/2014, within 14 (fourteen) days of withdrawal, by reversing the amount charged and using the same payment method used by the Customer for the initial transaction, unless otherwise agreed. The Customer will not incur any cost as a result of the refund. Nicole Fontana may withhold the refund until receipt of the returned product, or until the Customer demonstrates that they have correctly returned it, whichever is earlier.

5.6 The right of withdrawal is deemed correctly exercised where the product is returned in compliance with the conditions of this article. Where the returned product lacks its original packaging or its integral elements and accessories (e.g. fastenings, laces, buckles), or is otherwise not intact for reasons not attributable to the handling necessary to ascertain its nature and characteristics, Nicole Fontana may proportionally reduce the refund in respect of the diminished value of the goods, within the limits permitted by art. 57 of Legislative Decree 206/2005.

6. Warranties

6.1 All products sold by Nicole Fontana are covered by the 24 (twenty-four) month legal guarantee of conformity, pursuant to Title III of Legislative Decree 206/2005. To benefit from warranty assistance, the Customer must keep the invoice or payment receipt together with the transport document.

6.2 The guarantee for defects of conformity applies provided the product has been used correctly, in accordance with its intended use and the use and washing instructions provided with the product.

6.3 Should Nicole Fontana be unable, for any reason, to provide the Customer with a product under warranty (repaired or replaced), or where repair or replacement would be excessively burdensome, Nicole Fontana may proceed with an appropriate price reduction or a refund of the full amount paid, with termination of the contract.

6.4 Where the application of the warranties requires the return of the product, it must be returned in its original packaging, complete with all its parts. In such cases the return costs are borne by Nicole Fontana, as this concerns a defect of conformity and not a withdrawal.

7. Complaints and information requests

7.1 Any complaint or information request may be addressed to Nicole Fontana, at Via Argini Nord 45 Ter, 43030 Basilicanova di Montechiarugolo (PR), Italy, Tel. (+39) 333 906 6736, e-mail customercare@nicolefontana.com.

8. Privacy

8.1 The personal data collected with the submission of the Order are processed by Nicole Fontana solely to fulfil the Customer’s requests, in compliance with EU Regulation 679/2016 and the privacy policy available on the Site. Any further processing will be carried out only with the Customer’s express consent.

9. Applicable law and jurisdiction

9.1 The contract of sale under these Terms, and its performance, is governed by Italian law, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. For the resolution of disputes, the competent court shall be that of the Customer’s place of residence or domicile, where located within the territory of the State.