The purchase of NAU! products and/or the creation of a personal account through the website www.nau.it (hereinafter: “Site”) are governed by the following General Terms and Conditions of Sale (hereinafter: “General Conditions”).
NAU! is a trademark of NAU S.p.A., a company established under Italian law, with registered office in Via S. e P. Mazzucchelli 7, 21043 - Castiglione Olona (VA), TAX ID no and VAT reg. code 02836320123, entered in the Companies Register of Varese with number 02836320123 (hereinafter: “NAU!”).
NAU! encourages all Customers to read the following General Terms and Conditions of Sale carefully before making any purchase on the Site.
NAU! may make changes or supplements to these General Terms and Conditions of Sale at any time, with effect from their date of publication on the Site. The Customer is in any case bound exclusively by the General Conditions governed by the version in force at the time of the purchase.
By submitting a purchase order, the Customer implies full awareness and acceptance of these General Terms and Conditions of Sale, which can be viewed and downloaded at any time from this page of the Site. For this purpose, NAU! urges Customers to save or print the General Conditions in force at the time the purchase order is sent.
For any further information necessary in relation to these General Terms and Conditions of Sale and/or the purchases made on the basis thereof, NAU! recommends contacting its Customer Service by email at: email@example.com.
GENERAL TERMS AND CONDITIONS OF SALE
The information referred to in these General Terms and Conditions of Sale, and the details contained on the Site, do not represent a public offering but are merely a request aimed at the Customer to formulate a contractual proposal for the selected product.
No contract will be in place between NAU! and the Customer in relation to any products until the order has been explicitly accepted by NAU! The Customer will be informed of the order acceptance by an email confirmation.
The products on the Site are offered for sale exclusively to natural persons aged over 18.
Should the Customer wish to make purchases on behalf of and for the account of another natural person and intends to receive the relative invoice, he/she must choose the appropriate option at the time of registering and creation his/her Account, and must use such account for making the purchase.
It is expressly prohibited to resell, rent out or transfer any products purchased from the Site for any commercial or professional purpose whatsoever.
Each product selected by the user of the Site can be viewed in a specific web page containing the model, the color, the material, the measurements and the photographic images, and showing the unit price (inclusive of VAT, where applicable, for the country of the IP from which the Customer places the order).
When selecting the items of his/her interest, the Customer will add these products to the Shopping cart.
The Shopping cart will show a brief description of the products selected, together with a photographic image that allows the products to be represented in an appropriate manner.
The Customer is required to check that the contents of the Shopping cart are correct before confirming the order.
By clicking on the “Submit Order” button, the Customer will confirm and send the order - which constitutes a proposal of the Customer to purchase products from NAU! and will make the payment using the previously selected payment method.
After the Order has been submitted by the Customer and received by NAU!, the Customer will receive an order confirmation by email at the address provided in the on-line purchase order form, containing a summary of the main contractual conditions and the link to the page containing the complete version of the General Terms and Conditions of Sale.
Once the order confirmation message has been sent, the order can no longer be modified or canceled by the Customer.
Once the order has been submitted, NAU! will check the accuracy of the data transmitted and that the payment has been properly received. NAU! will execute the order only after successfully checking the above.
NAU! reserves the right to decline purchase orders from a Customer it deems unable to fulfill its obligations, such as a Customer who has previously breached the contractual provisions regarding on-line purchases through the Site.
Once executed, the purchase order will be kept on file at the offices of NAU! and the Customer has the right at any time to be updated on and to follow the status of his/her order through the reserved area accessible on this Site.
AVAILABILITY AND PRESENTATION OF THE PRODUCTS
The Customer acknowledges the fact that the stocks of the products offered by NAU! through the Site are limited.
NAU! will take all reasonable measures to assure that the products visible on the Site are available for Customers to purchase on-line. Occasionally, however, glitches may occur with regard to the availability of certain products. In such circumstances, the Customer will be duly informed by email or by phone within no more than 30 days after the date of confirmation of the purchase order.
In such a case, the Customer will be offered the option to either cancel the order of the single item or of the entire order, and will consequently have the right to a refund of the price of the single item or of the entire order.
Shipping costs will be refunded only if the entire order is canceled.
In any case, should one or more products be unavailable, only the price and the shipping costs relative to the available products will be charged.
NAU! will refund the price using the same method of payment used by the Customer to make the purchase, and will also issue the relative cancellation document.
NAU! reserves the right to change or update the products offered on the Site at any time, without warning.
Although NAU! constantly takes strives to assure that the photographs shown on the Site represent the products on display as faithfully as possible, some differences are always possible due to the technical characteristics and the quality of color resolution of the terminal or screen used by the Customer. For the above technical reasons, NAU! does not provide any guarantee and accepts no responsibility in relation to the absolute accuracy of the graphic images of the products shown on the Site.
The prices of the products available for sale are expressed in Euro (EUR).
The prices of all the products offered for sale on the Site are inclusive of VAT, where prescribed by the applicable law. The shipping charges or any customs duties are not included.
Without prejudice to the foregoing, and to better specify, it should be noted that in the event of the sale of products outside the territory of the European Union, any taxes, duties and customs duties, if due according to local regulations, will be charged to the Customer.
The amounts due under this title will be charged to the Customer upon delivery.
The total amount, together with the shipping charges at the Customer's expense as specified below, will be highlighted in the Shopping cart and in the order summary page, which can be viewed by the Customer inside the Shopping cart before confirming the order following the above-described procedure.
NAU! reserves the right to change the prices of the products offered for sale on the Site at any time and without warning. The prices published on the Site will be charged to the Customer at the time the order is submitted by the Customer, except as provided when products are unavailable.
Any changes to the prices on the Site will not apply to orders that have already been completed by selecting the “Submit Order” button.
Simply entering a product in the Shopping cart does not guarantee that the prices of the products selected will not be changed.
If, due to misunderstandings or other glitches, the price indicated on the Site should turn out to be lower than the correct sales price of a product, the Customer will be contacted by the Customer Service to check if he/she still wishes to purchase the product at the correct price. Otherwise, it will not be possible to accept the order.
Should the correct price of a product be lower than the one indicated on the Site, only the correct lower price will be charged and the product will be delivered to the Customer.
NAU! accepts payments made exclusively by Credit Card and PayPal. NAU! accepts the credit cards indicated in the relative page of the Site “Payments and Goods returns”.
The purchase will be concluded only once the Customer's Credit Card or PayPal data have been checked.
The debit on the Customer's Credit Card will be made once the order has been concluded, in other words after the Customer has clicked on the “Submit Order” button.
ACCOUNTING AND FISCAL DOCUMENTS
NAU! will issue the relative accounting and fiscal documents for the purchase of products via this Site based on the data provided by the Customer at the time of completing the order form, and registering his/her personal account.
Should the Customer register on behalf of and for the account of a legal entity, the account and fiscal documents will bear the data provided at the time of registration. The Customer may, at any time, modify his/her account details by accessing the reserved area “Account Settings”.
When completing the order, the Customer can choose from the following two delivery methods:
- Shipment and delivery to their home address via express courier;
- “Click and Collect”.
By the delivery method “Click & Collect” , the Customer will collect the product purchased with no additional charges, by presenting a hard copy or digital copy of the “Order confirmation” email and an ID document at one of the NAU! stores in Italy, which can be found in the window “Fine your nearest store”. The goods must be collected by the Customer within 10 days after the delivery confirmation has been sent by NAU!
In the case of home delivery via express courier, the shipping charges will be visible by the Customer in the Shopping cart, before confirming the order, and in the purchase order summary page.
NAU! will strive to deliver the products to the Customer in the shortest time possible.
At the same time of the shipment of the packages containing the items ordered, NAU! will send an email to the Customer at the address indicated in the order form, that will contain a tracking number and a link that will make it possible to monitor the delivery status.
In the case of problems or delays in delivery exceeding 10 working days beyond the date indicated in the order confirmation email, the Customer is kindly asked to inform NAU! by contacting its Customer Service at the email address: firstname.lastname@example.org.
RESTRICTIONS IN THE DELIVERY OF PRODUCTS
The products will be shipped to the address indicated by the Customer in the order form or at the NAU! store chosen by the Customer in the order form, if the Customer has selected the Click & Collect collection method.
NAU SpA will not carry out any order to a P.O. box, nor will it accept any order in which it is not possible to identify the person who has placed the order, the addressee of the products ordered or the delivery address.
In addition to the statutory provisions, which prescribe a term of 14 days within which to exercise the right of withdrawal, NAU! grants its Customer a term of 30 days from the date of delivery of the products within which to exercise this right. The term is calculated from the date of receipt of the goods at the delivery address provided or, in the case in which the Customer has opted for the “Click and Collect” delivery mode, from the time in which the products can be collected from the NAU! store selected by the Customer.
In order to take advantage of the right of withdrawal, the Customer must complete the “Goods return Form”, which can be found in the Site, specifying, if desired, the reasons for the return and the quantity of items he/she wishes to return. The Goods return Form must be completed in accordance with the "Instructions" contained in the section on the Site "My returns".
After completing the Goods return Form on-line in accordance with the Instructions contained in the page "Payments and Returns", NAU! will send the Customer a goods return code to use for the return shipment.
If the Customer exercises the rights of withdrawal/return, he/she must undertake to return the products within 7 days of the date on which the right of withdrawal/return is exercised, in other words within 7 days of completing the Goods return Form on the Site, and must consequently hand over the products to be returned to the courier. Any shipping charges for the return of the products are at the expense of NAU!
NAU! will not be required to bear such costs exclusively in the case in which the Customer has not observed the indications provided in the section "Payments and Returns" of the Site.
NAU! undertakes to refund the price of the returned product within the shortest time possible, and in any case within 30 working days from the date on which the returned goods arrive at its offices, on condition that the products are returned intact and unused, together with the original packaging/boxes and that the seal of guarantee is still intact.
The refund will be made using the same method used for the payment of the purchase.
Should the Customer exercise the rights of withdrawal/return in a way that does not comply with the methods and terms referred to in the withdrawal/returns procedure in these General Conditions, the Customer will not have any right to a refund.
NAU! will check whether the products returned are effectively in their original condition; should the products returned by the Customer be damaged, missing the seal of guarantee, incomplete, deteriorated and/or dirty, no refund will be made.
This does not affect the right of NAU! to claim compensation for any damage or for anything that does not correspond to the products previously delivered to the Customer. If, in the case of withdrawal or goods return, the products are entrusted to a shipping agent other than the one indicated by NAU!, the latter will not be responsible for the loss of products, shipments and incorrect addresses or delays in the shipment of products, on the understanding that the Customer assumes all risks and costs of such shipment.
If the Customer asks to receive back the product returned, the shipping charges will be at the Customer's expense.
Within the meaning of art. 59 of the Consumer Code, the right of withdrawal will be excluded in the case in which the sale regards products that are made to measure or personalized, such as personalized glasses cases that can be purchased on this Site.
The return made through the Site does not include the exchange of the goods, but only the refund of the amount spent according to the payment method used.
In the case of a purchase of contact lenses, the Customer declares:
- that he/she has read and understood the requirements on the application, on the correct use and on the maintenance of contact lenses, which can be viewed by clicking on the following link www.nau.it/en/contact-lenses;
- that the contact lenses correspond to those normally used and prescribed by his/her ophthalmologist or optician, and that he/she goes for regular eye tests.
NAU! cannot be held responsible for any damages, claims, compensation of any type whatsoever deriving from the inaccuracy of the declarations referred to in this paragraph and/or from individual intolerance to the product, from improper maintenance or the failure of the Customer to comply with the instructions contained in the illustrative leaflet contained in each box of contact lenses.
At the time of delivery, the Customer must check the products to ensure that they correspond to the items ordered. Any anomaly found at the time of delivery (for example: tampering or damage to the box, damaged products, missing items, etc.) must be indicated at the foot of the delivery slip and signed by the Customer.
Should the products not correspond to those ordered, email@example.com encourages the Customer to inform it promptly through the Customer Service by sending an email to firstname.lastname@example.org. In such a case, the Customer will have the right to demand the order to be executed, after returning the products received or, if the products ordered are unavailable, to order different items of the same nature or, alternatively, to be refunded for any difference in price or to cancel the entire order.
NAU! is furthermore responsible in the case of conformity defects of the products, as indicated below.
The guarantee of conformity of the products is valid on condition that the defect becomes apparent within 24 months of the delivery of the products and that the Customer submits a formal complaint within no more than 2 months from the date on which he/she discovers the defect.
In the case of a lack of conformity of the products, the Customer will have the right to ask for them to be substituted by an equal or equivalent product, at no cost.
The costs incurred by the Customer for the return of defective/non-compliant products will be refunded by NAU! exclusively if they are sent by a courier authorized by NAU!
RESTRICTION OF RESPONSIBILITY
Except in cases of intent or gross negligence, NAU! will not be in any way responsible towards the Customer for:
- damages or losses caused by the products or by their use on the part of the Customer;
- damages that are not caused by non-compliance on the part of NAU!;
- loss of business or business opportunities.
NAU! declines any responsibility for damages deriving from the inaccessibility to the Site, interruptions of service, or by problems connected with Internet, providers, and more in general by the malfunction of electronic devices used by the Customer.
CREATION AND USE OF THE CUSTOMER ACCOUNT
The Customer can register on the Site and create his/her own personal account (hereinafter "Account") to use a simplified purchase procedure, to keep control of any orders made and to save and keep updated certain information and personal data (such as their identification details and purchases made), that are necessary or useful for proceeding to make a purchase. By creating an Account, the Customer accepts the conditions of use of the service "Create Account" referred to in this point of the General Conditions.
Where the Customer does not agree with said conditions of use, we ask not to continue with the creation of an account.
The Customer accepts to indemnity and hold harmless NAU! from any liability, damage, cost (including reasonable costs for legal fees) of any type whatsoever that might be incurred by NAU! from the incorrect use that does not comply with these conditions relating to the use of the personal account.
After creating his/her personal Account, the Customer will be required to use his/her Account in a way that does not cause, or cannot cause, interruptions, damages or malfunctions to the Site, not to use the Account for fraudulent purposes, or in any case to commit illegal activities, or to create disturbance or damage of any type whatsoever.
NAU! reserve the right to suspend or close an Account if it is used fraudulently or in breach of these General Conditions.
NAU! encourages its Customers to take proper care of their Account access details and to take all the measures and precautions necessary to ensure that their password remains secure and confidential.
The Customer can cancel his/her personal Account at any time, or modify the information and/or personal data entered on said account.
The Customer will be responsible for keeping the information and personal data entered in their personal Account updated, accurate and correct.
These General Conditions are governed by Italian law.
Should the Customer be a Consumer, these General Conditions are governed by Legislative Decree no. 206 dated 6 September 2005, Consumer Code - with specific reference to the provisions regarding remote contracts, and by Legislative Decree no. 70 dated 9 April 2003, on certain aspects concerning e-commerce.
For anything not expressly provided for in these General Conditions, reference is made to the above laws; for the settlement of any disputes arising from the interpretation, execution and termination of this contract of remote sale, jurisdiction lies with the court in the place of residence or domicile of the consumer, if in Italy (Art. 63 Consumer Code).
For any complaints, further information or assistance regarding the Site or the purchase procedure, the Customer can contact the Customer Service of NAU SpA using the form contained under the "Contacts" section on the Site, or:
- by sending an email to the address email@example.com;
- by calling the number +39 0331 861233;
- by sending a written message to the address Via S. e P. Mazzucchelli n. 7, 21043 - Castiglione Olona (VA).