1. Abstract
The commercial relations between NycoWear and its customers are governed exclusively by the following general conditions of sale, excluding any other agreement not agreed in writing; the insertion of an online order too implies the acceptance of the following conditions.
2. Responsibilities
NycoWear is not responsible for any loss or damage, direct and/or indirect, arising from the sale of goods and services proposed in the catalogue published on the site www.nycowear.com, including for delayed and/or non-delivery of the product, nor for correspondence with the specifications of the goods published on the website, nor for any other fact which is not attributable directly to NycoWear.
3. Technical Information
The technical information included in the website www.nycowear.com is derived from information published by manufacturers of goods in our catalogue. NycoWear, therefore, reserves the right to change/adapt technical and dimensional information of these goods even without notifying the customers.
4. Orders
Orders are accepted only in writing or by fax or through internet (online). The customer who sends the order via the website will receive, at the end of the procedure, a notice confirming his order, which may be done by electronic mail (email). This confirmation will contain the order number.
5. Prices and Currency
All prices into the site shall be construed prices VAT included (where not specified elsewhere). If a discount is not specified, the price will be the net price of sale to the customer. Prices and discounts may be amended at any time without notice. Orders are billed in Euros and reflect prices in Euro published on our website. The amount that will be charged to your credit card or your Paypal account can vary because it is based on currency fluctuations and bank charges. NycoWear invites customers to contact their bank to receive detailed information on exchange rates and bank charges related to the transaction.
6. Products availability
In the catalogue published on the site www.nycowear.com, in the availability field, you'll find the quantities of the products present at the NycoWear warehouse. Since access and online orders can change in real time the availability of the products, NycoWear does not guarantee the certainty of allocation of goods ordered, as long as the order itself will not be visible in the Your orders area with a appropriate status.
7. Shipping and delivery
Shipments, unless otherwise agreed, will be made by transporters defined by NycoWear or its delegated. In this case, and only shipping cost will be charged, the goods travel at risk of NycoWear. In case of theft or loss, NycoWear agrees to resend the ordered products; if the ordered products are unavailable and/or exhausted, NycoWear will propose different products, but with equivalent characteristics, with the right of the customer to not accept these new products and to require an issuance of credit for the products themselves. Assuming that customer responsible in any way of the carrier, NycoWear will not be responsible for loss and/or breakdown of the products from the moment of delivery of goods to the carrier at its warehouses. The time of delivery, purely indicative, is published in the table on the website during insertion of the order; the same can be changed for reasons of force majeure or because of traffic conditions and road conditions in general or because of the Authority. The delivery, unless otherwise written agreement between the parties, will take place on the ground floor and in office hours: from 09.00 to 13.00, from 14.00 to 18.00, of all days, from Monday to Friday, excluding holidays. You can see the various methods of delivery in Shipping section. 8. Tracking of shipment At the time of shipment of the order, NycoWear sends its customers an email with the tracking number provided by the Courier. Customers can track the status of your shipment using the link in the e-mail address, which redirects to the website of the Courier.
9. Risks and property
The goods are shipped in free port, secured by charge on the invoice; where the goods are shipped to carriage forward, as of customer indication, the risk is in charge to the customer himself from the delivery of goods from NycoWear warehouses to the carrier. Upon delivery of goods, the customer must verify the integrity of packages and quantitative and qualitative correspondence with the accompanying document (delivery note). In case of discrepancy, the same should be reported on the same accompanying document and confirmed within fourteen days by fax or certified mail, to the commercial contact of NycoWear. Even if the packaging is intact, the goods must be checked within fourteen days from the receipt. Any hidden anomalies should be reported in writing by fax or certified mail. Each alert over these terms will not be taken into account. For each statement, the customer assumes full responsibility for what is said.
10. Articles and images
NycoWear disclaims any responsibility for the possibility that, due to a particular configuration or a malfunction of the computer used by the Customer, the colors of the products shown on the website to have slight differences from the original. The images contained on site www.topten-italia.com are the property of NycoWear. Any use of these images, not authorized by a written consent of NycoWear, will be prosecuted according to law. It is possible that the designers decide to make changes to the leaders in production or even decide not to produce them. The images of the products inside www.nycowear.com are indicative and may therefore not be fully representative of the product characteristics, differing by color, size and accessories.
11. Customized Products and Articles
With the placement of the order, the Customer assumes all responsibility with reference to the type of personalization, positioning, size, exactness of the spelling, correctness of the colors and the layout of the personalizations. In no case NycoWear can be held responsible for any copying, transcription or reconstruction errors of logos or drawings, as the Customer is sending the purchase order and / or where provided by accepting the graphic drafts received and confirming it for the production. NycoWear is not responsible for the legitimacy of the images and content of the material provided by the customer. For customized products with embroidery or where expressly provided by the type of article or customization; the Customer must also expressly accept the "Graphic Draft" relating to personalization. For the products in which the sending and acceptance of the graphic draft is foreseen, the customer will be subjected to specific modifications that involve the graphics supplied also within the limits of the possibilities provided by the chosen personalization technique. Changes that differ from the graphics initially provided by the Customer, entail an additional charge for modifying the system and / or further additions also to the individual articles that involve such customization. The customer will not be able to apply any changes, after the approval of the graphic draft, unless incurring in addittional charges. The customer acknowledges by accepting the terms of sale, that the graphic previews and / or graphic drafts shown a "virtual reproduction" of the final realization. This reproduction may therefore not faithfully reflect the final rendering of the final product, especially as regards the proportions between personalization and garment, colors and graphic elements. With the acceptance of the terms of sale and the forwarding of the order, the Customer takes note of the cost of the system contribution, that are costs necessary for the realization of the customization. The payment of these expenses does not in any case imply the transfer of ownership or the physical transfer to the Customer of files or other media provided by the NycoWear for this purpose. NycoWear reserves the right to use the graphics used and sent directly by the customer, limited to the products developed, for promotional or advertising purposes by any means of communication.
12. Payments
The ordered goods must be paid as shown in the table available in Payments section. NycoWear reserves itself, in its sole discretion, the right to not proceed with the shipment of goods, even after accepting the order, to customers who prove outside exposure, or with outstanding or in litigation.
13. Right of cancellation of orders
The customer may request the cancellation of the order and NycoWear reserves accepting the cancellation of the same. Cancellations and acceptance of the same will happen in written form. The possibility of cancellation by the customer is prevented in case the goods have been expressly ordered by NycoWear to its supplier and he, in turn, has not accepted the cancellation of the order.
14. Returns of goods
We guarantee that all merchandise sold is authentic, new and complies with high quality controls according to company standards. All products purchased on www.nycowear.com are protected by a Satisfied or Refunded guarantee which guarantees a full refund or replacement of the product if new and unused. If you are not satisfied with your purchase, you can return it within 14 days of delivery for:
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- Right of withdrawal: the entire amount paid will be refunded, excluding shipping and payment costs.
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- Defective product: the product will be replaced with an identical product.
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- Product specification change: the product will be replaced with another size / color / model
The return of goods to NycoWear must be requested in writing or through the appropriate section "Your returns" in the customer area registered on the website www.nycowear.com, indicating the reasons for the request, citing the references of the order and must be expressly authorized. The goods to be returned must be sent carriage paid to our warehouse in perfect condition, returned as new and unused, in its original box and with all related documentation (including warranty), parts and accessories to ensure a full refund. "New and unused" means that there must be no abrasions, marks or stains on the item; there must not even be signs that the product has been worn, the label must be present as well as the box; moreover it must not have been deformed or altered in any way. We cannot accept products that display any of the above indications. Goods returned without authorization will not be accepted.
15. Complaints
Any shipments errors or material omissions must be reported in writing in accordance with the procedures and deadlines set out in paragraph 11.
16. Warranty
The purchase of goods at NycoWear involves the full acceptance of the warranty conditions provided by the manufacturer, which may be independent of the will of NycoWear itself. The customer is therefore aware that the goods purchased will be guaranteed by the manufacturer and the conditions provided by the same, and therefore agrees, removed any reservation, with all modes of supply of the guarantee by the producer, also referring, for example, to a subject managing the guarantee which can be different from NycoWear.
17. Personal data treatment
To read the note on privacy see Privacy section, click here.
18. Disputes
For any dispute that may arise, the Foro di Milano will be competent.
19. Conditions
The conditions contained in this document may be modified without notice and will be valid from the date of publication on the website www.nycowear.com.
Last Terms of Sale publication date: January 30th 2021