Terms and conditions
These General Conditions of Sale (hereinafter "General Conditions") are drawn up in accordance with the legislative provisions of the Civil Code, Legislative Decree no. 70 of 09.04.2003 on information society and electronic commerce services and Legislative Decree no. 206 of 06.09.2005 (so-called Consumer Code), and, in particular, in Chapter I of Title III of Part III (Articles 45 to 67), and govern the offer and sale of products through the http website https://www.nalini.com (hereinafter the Site).
The Nalini brand products marketed on the Site (hereinafter the Products, also in the singular declination) are sold by Moa Sport Mantovani Vincenzo srl, owner of the Brand and of the Site.
1.1 The General Conditions apply and govern all sales contracts concluded through the Site by Moa Sport Mantovani Vincenzo srl, as identified above, hereinafter "the Seller".
1.2 The General Conditions may be modified at any time; each User, therefore, is required to consult the aforementioned before proceeding with any purchase.
1.3 In any case, the version of the General Conditions in force on the date the purchase order is sent will be applied to each sale.
1.4 The General Conditions apply regardless of the nationality of the User, provided that the delivery of the products must take place in one of the countries for which the Site provides the online sales service, as specified in point 2, and that said country corresponds to that of the User's registration country.
2) Shipping Countries
2.1 The purchase of Products through the Site is currently possible if the shipment must take place in the European economic community.
2.2 The Seller reserves the right to expand or restrict the list of countries referred to in point 2.1.
2.3 Delivery is also foreseen in the territory of the Republic of San Marino and in the Vatican State.
3) Purchases on the Site - Restriction
3.1 The purchase of Products on the Site is reserved exclusively for individuals who act as consumers and who are over eighteen years old.
3.2 By consumer we mean the natural person who acts for purposes unrelated to any commercial, entrepreneurial, craft and professional activity carried out.
3.3 The purchase made through the Site implies for the User full knowledge and acceptance, without reservations, of the General Conditions.
4) Direct Information at the Conclusion of the Contract
4.1 To purchase online, the User must fill in the appropriate login form on the Site.
4.2 It is forbidden for the User to enter untruthful data, in whole or in part; the personal data and the e-mail communicated must, therefore, be personal and real, and not of third parties and / or fake.
4.3 The User, by completing the login form, certifies under his sole responsibility:
i. the correctness and truthfulness of the data required to activate the service;
ii. to have turned the eighteenth year of age;
iii. to act as a consumer.
4.4 Once the login form has been completed, the User must fill in an order form in electronic format prepared by the Seller and send it electronically, following the instructions indicated.
4.5 As per law, before confirming the order, the Seller will make available to the User all the information referred to in art. 49 of the Consumer Code; the information relating to the right of withdrawal, in particular, is provided by means of the standard instructions on the right of withdrawal referred to in Annex I part A provided for by art. 1 paragraph 1 of Italian Legislative Decree no.21 of 02.21.2014.
4.6 As required by art. 51 paragraph 3 of Italian Legislative Decree no. 206/2005, the function provided for forwarding the order contains the specification "Order with obligation to pay".
4.7 To complete each order, the User is required to confirm the economic transaction relating to the payment of the price of the Products included in the cart; about this, at the end of the procedure for selecting the Products and confirming the User's data, the Site redirects the latter to the page of the bank that manages the economic transaction.
4.8 Orders that do not register the corresponding economic transaction are automatically deleted.
4.9 Upon receipt of confirmation of the validity of the payment method indicated in the order and confirmation of the same, the Seller will send the User, by e-mail, to the e-mail address communicated during the login phase, a written confirmation of the order, as required by art. 51 paragraph 7 of the Italian Legislative Decree no. 206/2005.
4.10 The offer of Products through the Site establishes an offer to the public pursuant to art. 1336 cc; the filling and correct sending of an order through the Site therefore implies acceptance of the aforementioned offer. The contract, therefore, is considered concluded when the Seller becomes aware of the User's acceptance, formalized by means of the above order form.
4.11 The Seller, however, reserves the right not to accept the order in the event of failure to authorize payment by credit card by the relative manager.
4.12 The User can, at any time, monitor the status of his order by contacting the Customer Service through the appropriate section.
4.13 The User, in any case, is always required to keep the order number communicated to him by the Seller, as it must be indicated in any communication with the Seller.
4.14 The languages available to conclude a sales contract through the Site are Italian and English.
4.15 The User undertakes, once the online purchase procedure has been completed, to provide for the conservation of the General Conditions which, moreover, he will have already viewed and accepted, as an obligatory step in the purchase procedure.
4.16 In the event of non-acceptance of the order, the Seller will promptly notify the User by e-mail.
5) Choice and availability of the Products
5.1 The Products offered for sale through the Site are Nalini-branded clothing and accessories, present in the catalog published on the Site at the time of the order by the User.
5.2 The Product catalog may be periodically updated by the Seller, who, therefore, does not provide any guarantee regarding the permanence of a product among those available online; in no case does the Seller guarantee the availability of all sizes / versions for each garment / color in the catalog.
5.3 In the Product catalog each product is accompanied by a descriptive card that illustrates its main characteristics; the images and colors of the Products present in the descriptive cards may, however, not correspond faithfully to the real ones, due to the settings of the information systems or devices used by the User to view the Site. indicative and subject to normal usage tolerances.
5.4 If, even if selectable through the order form, the chosen product is not available, the Seller will promptly notify the User by e-mail, proposing the termination of the sales contract, and the consequent refund of the price, including the any shipping costs, if applied, if already paid.
6) Prices, Purchase Conditions and Payment Methods
6.1 The sale prices are those published online at the time of the completion of the order and are inclusive of VAT, if applicable according to the country of shipment of the Products (transposition of Articles 2 and 3 of Council Directive EU 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain obligations relating to value added tax for the provision of services and distance sales of goods and of the Council Directive EU 2019/1995 of 21 November 2019 amending Directive 2006/112/EC as regards the provisions relating to distance sales of goods and certain supplies national goods). Prices are expressed in euros.
6.2 The prices indicated in the online catalog may be subject to change without notice. It is therefore the User's responsibility to verify the final price before submitting the purchase order.
6.3 The Seller also reserves the right to apply different sales prices depending on the country of delivery of the Products.
6.4 Payment for the Products can only be made in the following ways:
- credit card (Visa, Mastercard, American Express; Maestro);
- Bank transfer.
6.5 The sale price is charged when the order is shipped.
7) Delivery, Expenses and Other Charges
7.1 The Products are delivered, via affiliated couriers, directly to the User, to the shipping address specified in the order.
7.2 The Site allows you to request the delivery of the Products to an address other than the User's own; in any case, it is the User's responsibility to indicate all the references necessary for a successful delivery (for example, if it is the address of a third party, specify the name on the doorbell / intercom to which the delivery is to be made).
7.3 It is not possible to collect the Products purchased through the Site directly from the Seller's warehouse.
7.4 Expected shipping costs and types may vary according to the area and shipping methods chosen by the User, as per the table available on the Site.
7.5 These expenses and any additional costs are charged to the User. The relative amount will be expressly and separately indicated in the order summary, before the User proceeds with the transmission of the same, as well as in the order confirmation e-mail address referred to in art. 4. If this practice varies for any commercial reason, it will in any case be communicated to the customer.
7.6 Upon delivery of the Products to the courier, the User will receive a confirmation from the Seller by e-mail, in which the name of the courier used and the details of the shipment will be expressly indicated.
7.7 The delivery times of the Products vary according to the place of destination and the shipping methods chosen.
7.8 In Italy, delivery is expected within three working days; in other countries may vary according to the shipping method chosen from among those possible, and are indicated in the table available on the Site.
7.9 Not all shipping methods provided by couriers affiliated with the Seller are available for all areas in which it is possible to purchase the Products online.
7.10 The delivery procedure provides that, in the absence of the recipient at the time of the courier's access, the person in charge will leave a notice, in order to subsequently complete the shipment, in which the contact details to contact to arrange the second delivery will be indicated.
7.11 The User always has the possibility to check the status of his order by contacting the Customer Service through the appropriate section.
7.12 The delivery of the Products is considered completed when the consumer, or the third party designated by him and other than the carrier, materially takes possession of the goods; from that moment, as required by law, the risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the User.
8) Obligations of the User upon Delivery
8.1 The User acknowledges that the withdrawal of the Products represents an obligation deriving from the sales contract concluded with the Seller.
8.2 In case of non-delivery due to the absence of the recipient during the attempts provided for by the procedure applied by the courier, the package will remain in storage.
8.3 If, within the terms indicated by the courier in the notice left to the User, the package is not collected, it will be returned to the Seller.
8.4. In the case referred to in point 8.3, the contract must be considered terminated by law pursuant to art. 1456 cc, with simple communication from the Seller sent by e-mail to the User, and, therefore, the order for all purposes will be canceled. Within 15 days of the aforementioned communication, the Seller will then proceed to reimburse the total amount paid by the User for the Products, less the costs of unsuccessful shipping, the costs of returning the Products to the Seller and any any other expense that the Seller has incurred due to the non-delivery depends on the absence or inertia of the User in fulfilling the obligation to receive the delivery.
8.5 The refund due pursuant to article 8.4 will be credited to the same payment method used by the User.
8.6 After the communication referred to in point 8.4, the User who intends to request the delivery of the Products must necessarily proceed with a new order.
8.7. The Seller reserves the right to refuse orders from Users against whom the Seller has previously asserted the express termination clause referred to in point 8.4. for non-fulfillment of the obligation to receive delivery of the Products.
8.8 Upon receipt of the Products, the Customer is required to verify their conformity in relation to the order, paying attention, in particular, to that:
- the number of packages indicated on the carrier's letter corresponds to the number of packages actually delivered;
- the package is intact and not damaged or tampered with.
Any anomalies (such as, for example, tampering, damage to the packaging) must be specifically indicated in writing directly on the courier's transport document, and the User must refuse delivery. At the same time, the User will be required to report the fact to the Seller's Customer Service, through the appropriate section.
8.9 The User is therefore invited to sign the transport document only after the checks referred to in Article 8.8.
8.10 If the User does not proceed in accordance with the preceding points, and therefore accepts the delivery of the Products even in the case of damaged or tampered packaging, the User will forfeit the legal guarantee of conformity of the Products.
9) Right of Withdrawal
9.1 The User, as a consumer, has the right to withdraw from the product sales contract, as established by art. 52 of Legislative Decree no.206 / 2005 (Consumer Code), without having to provide any explanation and without penalty.
9.2 The User may exercise the withdrawal within 14 days from the moment in which the User, or a third party other than the carrier and designated by the User, acquires physical possession of the Products.
9.3 In the case of multiple goods ordered with a single order and delivered separately, the term pursuant to art. 9.2 will start from the day on which the User, or a third party other than the carrier and designated by the User, acquires physical possession of the last good.
9.4 Before the expiry of the term referred to in art. 9.1, the User will inform the Seller of his decision to exercise the right of withdrawal from the contract. To this end, the User may:
i) use the model withdrawal form, prepared in accordance with Annex I part B to the Consumer Code, which was made available to him before the conclusion of the contract, as required by art. 49 paragraph 1 letter h) of the aforementioned Code, or to submit to the Seller any other explicit declaration of his decision to withdraw from the contract, and to send the aforementioned by means of AR, or by fax or by e-mail, to the addresses already indicated in the standard instructions on the right of withdrawal received before the order.
ii) fill in and electronically submit the withdrawal form or any other declaration on the Site, by accessing the following link: https://www.nalini.com/en/account/; if the User chooses this option, the Seller will send him without delay a confirmation of receipt of the withdrawal on a durable medium (for example by e-mail), as required by art. 54 paragraph 3 of the Consumer Code.
9.6 The withdrawal deadline will be considered respected by sending the withdrawal notice before the withdrawal period has expired, as determined above.
9.7 In the notice of withdrawal, the User must specify the Products for which he intends to exercise the withdrawal.
9.8 Upon receipt of the notice of withdrawal, if timely, the Seller will refund the User the total price of the products, without delay and in any case within 14 days from the date on which the Seller receives the goods in its warehouses; the refund will be made using the same payment method used by the User for the sale in relation to which the withdrawal was exercised.
9.9 The Seller will have the right to withhold the refund until it has received the Products or until the User has demonstrated that he has returned the goods, depending on which situation occurs first.
9.10 The User, once the withdrawal has been exercised, must return the Products, without undue delay and in any case within 14 days from the date on which he communicated to the Seller his decision to withdraw from the contract, by sending the aforementioned to the following address, already indicated in the standard Instructions on the right of withdrawal referred to in Annex I part A provided for by art. 1 paragraph 1 of Legislative Decree no.21 of 02.21.2014: Moa Sport Mantovani Vincenzo srl, Via Roppi 48, 46033 Castel D'Ario (MN), Italy.
9.11 The direct costs for returning the Products will be borne by the Seller.
9.12 For the sole purpose of complying with the return deadline, the Products are intended to be shipped when they are delivered to the accepting post office or to the forwarder.
9.13 The Products must be returned in the original packaging in which they were received, including any accessory documents such as tags, labels, seals, etc.
9.14 For the return of the Product, the User may use the postal service or a carrier of his choice.
9.15 All risks of loss or damage to the Products during shipment to the Seller for the return are borne by the Seller.
9.16 As required by art. 57 paragraph 2 of the Consumer Code, the User will be responsible for the decrease in value of the returned Products resulting from manipulation of the aforementioned other than that necessary to establish their nature, characteristics and functioning.
9.17 In the event that, upon receipt of the return delivery, the Seller should find a decrease in the value of the Products attributable to the User, the Seller will be entitled to offset the amount corresponding to the aforementioned decrease in value with the amount to be refunded to the User as a result of the withdrawal; in this case, the Seller will notify the User within 14 days of receiving the return.
10) Legal Guarantee of Conformity
10.1 All Products marketed through the Site enjoy the legal guarantee of conformity established by articles 128 et seq. of the Consumer Code, applicable, in any case, only to the consumer.
10.2 Pursuant to the law, the Seller is obliged to deliver to the User goods that comply with the sales contract.
10.3 The Seller is liable to the User for any lack of conformity of the Products existing at the time of delivery of the aforementioned, which occur within two years of delivery.
10.4. To benefit from the aforementioned guarantee, the User must report the lack of conformity to the Seller within two months of discovery, under penalty of forfeiture, by contacting Customer Service through the appropriate section, this report must contain an accurate and complete description of the defects. / disputed defects.
10.5 The Customer Service will check the User's communication, giving him instructions for the shipment of the defective product, which will be at the Seller's expense.
10.6 The Seller will have the right to request the User to attach the purchase invoice or other document certifying the date of completion of the sale to the Product for which it intends to make the guarantee valid.
10.7 If operative, the legal guarantee of conformity entitles the User to obtain the repair or replacement of the Product free of charge, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other available.
10.8 The User will have the right to request, at his choice, an appropriate reduction in the price or the termination of the sales contract, only if the repair or replacement is impossible or excessively expensive, or the repair or replacement has not occurred within the deadline. reasonable or the repair or replacement carried out has caused significant inconvenience to the User.
10.9 In no case a minor lack of conformity gives the right to terminate the contract.
10.10 Any defects or damage caused by accidental events or by the responsibility of the User or by use of the Products not conforming to their intended use, or by normal wear and tear, are excluded from conformity defects and, therefore, from the legal guarantee.
11) Customer Service, Complaints and Communications
11.1. The following addresses are indicated to which the User can contact for any further information or assistance or to submit complaints: Customer Service c/o Moa Sport Mantovani Vincenzo srl - Via Roppi 48, 46033 Castel D'Ario (MN) - Fax: + 39 0376 660969 - Telephone: +39 0376 660777 - E-mail: firstname.lastname@example.org.
11.2. All communications that are made by e-mail pursuant to the General Conditions will be sent to the address communicated by the User during the Login phase.
12) Applicable Law and Jurisdiction
12.1 The sales contract concluded in accordance with the General Conditions is governed by Italian law.
12.2 For any dispute that may arise regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, the Court of the User's place of residence or domicile will have jurisdiction, in the case of a resident consumer or with domicile in Italian territory. If the User is not resident or does not have his / her domicile in the Italian territory, for any dispute that may arise between the Seller and the User regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, in the case of action brought by the Seller, the latter may choose between the Court of Mantua and the Court of the User's place of residence or domicile, alternatively between them; in case of action taken by the User,the Court of Mantua will have exclusive jurisdiction.
Moa Sport is committed to protecting the personal data entrusted to it. Therefore, their management and security are guaranteed with the utmost attention, in accordance with the requirements of the legislation on the protection of personal data (EU Regulation 679/2016).
This disclosure illustrates who the Company is, for what purposes customer data could be used, how they are managed, to whom they could be communicated (for example user companies, where they could be transferred and what your rights are).
13.1 Who will process my data?
Your data will be processed by the company Moa Sport Mantovani Vincenzo s.r.l. - Tel. +39 0376660777- Fax +39 0376660969.
Moa Sport has appointed its Personal Data Protection Officer who can be contacted at the address of the Data Controller or through the "Contact us" section on the website www.nalini.com.
The list of external managers for the processing of personal data is instead available at the Moa Sport headquarters.
13.2 Why do you need my data?
Moa Sport will use your data exclusively for the following purposes:
• Purposes related to the management of the contractual relationship and to the provision of the Services: your data will be processed for the following purposes: updating and information regarding the Services offered and the available functions; fulfillment of accounting and tax obligations; updating our records and generally managing your account; show content, such as wishlists and customer reviews, and recommend products and services that may be of interest to you; improve our online store and service; prevent or expose fraud or abuse to the detriment of our website
• Purposes related to marketing activities: with your specific consent, your data will be processed for the following purposes: market research; economic and statistical analysis; updating on training initiatives; sending advertising / informative / promotional material on the services and products offered. Moa Sport will carry out the processing:
• on the basis of your consent;
• because it is necessary for the contractual obligations referred to in point 1 (eg fulfillment of contractual obligations);
• because it is necessary to fulfill the legal obligations, indicated in point 1, to which we are subject (eg accounting obligations);
• because the processing is necessary to pursue a legitimate interest (eg prevention of fraud or abuse to the detriment of our website).
It follows that the provision of personal data is mandatory for the purposes indicated in point 1.
The purposes referred to in point 2 do not derive from a legal obligation and the provision of the relative consents is optional.
Any partial or total failure to provide data will result in the partial or total impossibility of achieving the aforementioned purposes.
The entity and adequacy of the data provided will be assessed from time to time, in order to determine the consequent decisions and avoid the processing of data in excess of the purposes pursued.
We will not use your personal data for purposes other than and other than those described in this statement, except by informing you in advance and, where necessary, obtaining your consent.
13.3 How will you use my data?
Moa Sport aims to protect the data of its customers, basing their treatment on principles of correctness, lawfulness and transparency. We therefore inform you that your personal data will be processed, through the use of tools and procedures suitable for guaranteeing maximum security and confidentiality, through archives and paper supports, with the aid of digital media, IT and telematic means.
The communications referred to in point 2 may take place in traditional ways (eg, paper mail, telephone calls with operator), automated (eg, telephone calls without operator) and similar (eg: fax, e-mail, sms, mms).
However, you are given the right to exercise the right of opposition which, in the absence of your indication to the contrary, will refer to both traditional and automated communications.
13.4 How long will you keep my information?
Your personal data will be kept, starting from their receipt / update, for a period appropriate to the processing purposes indicated above. For more information, also with reference to the criteria used to determine this period, you can consult the appropriate privacy section on the website www.nalini.com.
13.5 Will you share my information with other parties?
For the purposes referred to in point 1, your data may be disclosed to third parties [including hosting companies, logistics / archiving companies, IT systems maintenance companies] for the performance of certain functions relating to the management and provision of services.
For the purposes referred to in point 2, the data may be disclosed to companies of the Moa Group or to third-party companies, which operate in collaboration with Moa Sport.
For all the purposes indicated in this information, your data may also be communicated abroad, inside and outside the European Union, in compliance with the rights and guarantees provided for by current legislation, subject to verification that the country in question guarantees an "adequate" level of protection.
The data will also be processed by resources inside the offices of the Group companies, adequately trained, who operate as authorized personnel for data processing.
We also inform you that in compliance with an international policy of the Moa Group, all company emails will be stored through an archiving system sold in outsourcing. Access to archived data can only be carried out by public authorities, in the cases and methods provided for by the laws in force, in the event of legal disputes.
Your personal data are not subject to disclosure.
13.6 What are my rights?
At any time, you will have the right to ask:
- access to your personal data;
- their rectification in the event of their inaccuracy;
- the limitation of their treatment.
You will also have:
- the right to object to their processing:
1. if processed for the pursuit of a legitimate interest of the Company;
2. if processed for direct marketing purposes;
- the right to their portability, i.e. to receive the personal data you have provided in a structured, commonly used and machine-readable format.
We will take care of your request with the utmost commitment to ensure the effective exercise of your rights. Finally, you will have the right to lodge a complaint with the National Supervisory Authority (Privacy Guarantor).
13.7 Can I revoke my consent after giving it?
Yes, you can withdraw your consent at any time, without this being able, however:
- prejudice the lawfulness of the processing based on the consent given before the revocation;
- prejudice further processing of the same data based on other legal bases (for example, contractual obligations or legal obligations to which the Company is subject).
13.8 I still have questions...
For more information on this information or on any privacy issue, or if you wish to exercise your rights or withdraw your consent, you can contact the references indicated in the section "Who will process my data". For more information, you can consult the appropriate privacy section on the website www.nalini.com.
The story of Nalini is an authentic story made of authentic people, true enthusiasts, who know how to combine technology with human touch, the warm touch of human hand.
The authenticity is the true value of Nalini: it is found in the gestures of professional athletes in the race, you feel it in your daily challenge on the streets of the world.