Terms of service

Dear Customer,

We inform you that the general conditions of sale set forth below, in compliance with current consumer protection regulations, specify the terms and conditions for purchasing products you are interested in online from the NUAGES ROUGES website (hereinafter referred to as the Seller) in a safe, easy, and convenient manner. We therefore invite you to read and accept them in order to proceed with your purchase.

I. SUBJECT MATTER

These general conditions of sale govern the sale of products marketed by the Seller to consumers and to users acting for business purposes.
These general conditions are effective from the date of acceptance by the customer on the website, which constitutes acceptance pursuant to Article 1341 of the Italian Civil Code.
The company reserves the right to modify these general conditions of sale at any time by posting them on the website.
The company excludes any contractual or non-contractual liability for direct or indirect damages to persons and/or property resulting from the non-acceptance, even partial, of an order.

II. PURCHASE METHODS

Products are purchased by accessing the website and registering. A description of each product containing its main characteristics is available on the website. All information supporting the purchase is intended merely as general information.

It is understood that the image accompanying the product description may not be perfectly representative of its characteristics, but may differ in color, size, and accessory products shown.
Correct receipt of the order is confirmed by the Seller via an automatic email response sent to the email address provided by the customer at registration. This confirmation message will include an "order number" to be used for any correspondence with the company. The message will contain all the information entered by the customer, who undertakes to verify its accuracy and promptly communicate any corrections.

In the event of non-acceptance of the order, the seller guarantees prompt notification to the customer.

III. PAYMENT METHODS

All prices on the site are intended to be retail prices and, therefore, include VAT.
Prices may change without notice, and the only correct price is the one indicated at the time of order confirmation.
For certain products subject to price promotions, the seller reserves the right to accept orders by reducing the quantity, subject to prior notification and acceptance by the customer. Failure to do so will result in the order being cancelled.

For purchases of goods using a credit card, upon completion of the online transaction, the relevant banking institution will authorize only the amount of the purchase made. The amount for goods shipped, even partially, will be charged to the customer's credit card only upon delivery of the ordered goods to the courier.

The goods will be shipped only after the order has been accepted and payment has been received.
If the order is cancelled, either by the customer or by the seller, the order will be cancelled and the blocked amount will be released (release times depend exclusively on the banking system). Once the transaction has been cancelled, the seller cannot be held liable for any damages resulting from the blocked amount being released by the banking system.

The seller reserves the right to request additional documentation from the customer proving ownership of the credit card. If this documentation is not provided, the seller reserves the right to refuse the order.
Transaction security is guaranteed by data encryption (SSL) and direct, secure, and certified connections.

IV. DELIVERY METHODS

For each order placed, the seller issues a sales document for the shipped goods. The invoice is issued based on the information provided by the customer at the time of ordering. The customer may request a copy of the invoice or receipt within three months of issuance.

Delivery costs are the responsibility of the customer and are indicated when placing the order.
The seller cannot be held responsible for any delays in processing the order or in delivering the ordered goods. Upon delivery, the customer is required to check:
- that the packaging is intact, not damaged, wet, or otherwise altered;
- that the number of packages corresponds to that indicated on the shipping document.

Any damage to the product or packaging, or any discrepancy in the information, must be reported immediately to the courier by adding the word "Subject to Inspection" to the courier's proof of delivery. Once the courier's document has been signed, the customer may not raise any objections regarding the external characteristics of the delivered goods.
If the goods stored at the courier's warehouse are not collected within 5 business days due to repeated failure to deliver to the address indicated by the customer when placing the order, the order will be cancelled.

WITHDRAWAL

See "Right of Withdrawal" details

APPLICABLE LAW

The sales contract between the customer and the seller is deemed to have been concluded in Italy and is governed by Italian law. Unless otherwise stated, Italian law applies.
For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the customer is a consumer, i.e., a natural person who purchases the goods for purposes not related to their professional activity, or does not indicate a VAT number in the order, the competent court is the court of their municipality of residence. In all other cases, the exclusive jurisdiction lies with the court of the Seller's registered office.

INFORMATION ON THE PROCESSING OF PERSONAL DATA

SUBJECT: Information and request for consent pursuant to Articles 13, 23, and 26 of Legislative Decree No. 196 of June 30, 2003, regarding the protection of personal data.

Pursuant to and in accordance with Article 13 of Legislative Decree 196/2003, the seller hereby informs you that:

The aforementioned Legislative Decree establishes a series of obligations for those who process (i.e., collect, record, process, store, communicate, disseminate, etc.) personal data relating to other individuals, requiring them to inform data subjects of their legal rights and the nature of data processing;
The processing of your personal data requested and communicated by you will be carried out at the Seller's premises in compliance with the principles of necessity and relevance, using procedures, including computerized procedures, for legal and tax purposes, to fulfill contractual obligations.
The data controller is the seller. The data processor is domiciled for legal purposes at the company's registered office. During such processing, the data controller and its representatives may become aware of the data, which will be processed in compliance with the obligations arising from privacy regulations and according to the principles of fairness.
The processing will be carried out using manual and automated systems designed to store, manage, and transmit the data, using methods strictly related to the purposes of the processing, based on the data in our possession and with your commitment to promptly notify us of any corrections, additions, and/or updates.
Excluding communications and disclosures made in compliance with legal and contractual obligations, the data provided to us will be used solely for legal compliance.
The provision of data is strictly necessary in relation to the purposes of the aforementioned processing. Your provision of the aforementioned data is essential for the proper performance of the activities listed above.
Any refusal to provide such data will make it impossible to properly fulfill contractual and legal obligations, compromising the continuation of the relationship established between the parties.
You may exercise your rights towards the data controller at any time, pursuant to art. 7 of Legislative Decree 196/2003, specifically:
- to know whether or not personal data concerning you exists and to have it communicated in an intelligible form;
- to be informed of the data controller, the purposes and methods of processing, and any data processors, as well as the subjects or categories of subjects to whom the personal data may be disclosed;
- to obtain the updating, rectification, or integration of your data;
- to obtain the erasure, anonymization, or blocking of your data;
- to object to the processing of your data for legitimate reasons, subject to the limitations established by law;
- to object to the sending of advertising materials or for market research or commercial communications.

The full text of Article 7 of Legislative Decree 196/2003 regarding data subject rights is available on the Italian Data Protection Authority's website, www.garanteprivacy.it.