GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

This document governs the General Terms and Conditions of Sale relating to each order, product or service that you will purchase or request from M.ARTE SRL with registered office at Via Roma 11, Genoa VAT number 02673800997 owner of the NESS1 brand on the website “https://www.ness-one.com”(hereinafter referred to as NESS1) or through any other digital application or smartphone that refers to these Conditions of Sale.

NESS1 controls and manages the platform in compliance with the Terms of Use, and is responsible for the processing of personal data made in accordance with the Data Protection Policy. By placing an order you confirm that you accept the Terms of Use and the Data Protection Policy, the specifications of which are entirely referred to in these conditions of sale.

The use of the site for the order or purchase of products requires the acceptance of these General Conditions, the Terms of use of the site and the Data Protection Policy as well as other notices that may be published on the site together with applicable laws and regulations. If the General Conditions and Terms of Use are not accepted, it will not be possible to order any product or service through our sales channels.

UPDATE OF CONDITIONS OF SALE

The most recent version of these conditions of sale will always be available on the various platforms. The conditions of sale may be updated periodically, therefore we ask the customer to check regularly, to stay updated on any changes.

Any changes to the Conditions of Sale will apply to orders placed starting from the effective date (included), provided that the Conditions of Sale, as modified, are visible on the site as conditions applicable at that time. Before placing an order for products, users will be given the opportunity to view these Conditions of Sale and will be required to accept them.

The Conditions of Sale apply to all orders and all purchases made on NESS1.

CONDITIONS OF PURCHASE AND GENERAL RULES

Orders can be placed only for personal use, to the exclusion of any commercial purpose.

To purchase NESS1 products, you must:

have reached the age required by law to validly enter into contracts (eighteen years in most countries) and have legal capacity. In the event that you are a minor or cannot legitimately enter into a contract, it will be necessary for your parent or guardian to place the order on your behalf or accept these conditions of sale.
have the capacity to act required by law to validly enter into contracts.
have accepted these Conditions of Sale and the NESS1 data protection policy; (TELL USHOW THE CART WILL WORK)
provide your name and address, telephone number, email address, payment details and other requested information;
provide a valid delivery address (please note that NESS1 does not deliver to post office boxes or to automatic parcel distribution points. Our orders are shipped by courier, which will require a signature upon delivery);
in case of payment by debit/credit card, be the holder or authorised holder of a valid debit/credit card to purchase the products;
in the case of payments made through PayPal, be the holder of a valid PayPal account for the purchase of the products.

The user can place an order by proceeding to checkout after clicking on the “ADD TO CART” button. The user accepts that their order(s) is/are a purchase proposal for the product(s) indicated in the order pursuant to these Conditions of Sale.

Each product order is considered a separate purchase. All orders are then subject to acceptance by NESS1, which reserves the right to refuse, without having to provide any explanation, any order (including, by way of example but not limited to, orders for which there is suspicion of fraud). The user will be notified in the event that NESS1 decides not to accept the order.

The user will be able to review their order(s), to read and accept the Conditions of Sale, to check the total price and the characteristics of the order(s) and the information provided, and to correct any input errors before confirming the order(s).

By placing an order through the sales channels, the customer confirms and guarantees that they are a consumer who purchases in good faith for their own or third party personal purposes and who will not deliver, sell or, in any other way, distribute our products or purchase our products or services for commercial purposes.

GENERAL RULES

NESS1 reserves the right to cancel any order, when there are well-founded reasons such as:

– the user/customer was involved in a dispute with NESS1 regarding a previous order.

– there is reason to suspect that the user/customer has violated these General Conditions.

– the user/customer has not paid for the products purchased at the expiry of the deadline.

– the user/customer is involved in fraudulent activities.

– the user/customer refuses to provide information that NESS1 is obliged to collect by law.

NESS1 does its utmost to ensure that the design, colour and style of the NESS1 products depicted on the site are best representative of the original products. Despite this, the appearance of the original product may differ slightly from what is depicted on the site for technical or other reasons. NESS1, therefore, will not be responsible for any errors or inaccuracies in the photographs or graphic representations of the NESS1 products displayed on the site.

ACCOUNT CREATION

To place an order, the user can create an account on our systems (personal identification data or username) and maintain the confidentiality of their password and limit access to their password and account, and assumes responsibility for every action performed, and each purchase made, through their account. Account registration also allows you to keep track of the purchase of the product(s).

GUEST CHECK-OUT

The user can place an order as a guest without necessarily creating an account. At the time of check-out, the user must enter their data to proceed with the purchase, accepting the terms and conditions of sale and privacy policy.

PRODUCT AVAILABILITY

The display of a product on the site does not imply that it is definitely available for online purchase. NESS1 will not be responsible in the event that a product is out of stock or no longer available. Some NESS1 products are made in limited editions. In the event that a product is no longer available, the customer can request to be notified by telephone or email to check any alternative products still available. This procedure will also apply to orders consisting of multiple products. In any case, only the part of the order that is available and that the customer wishes to purchase will be charged. In case a customer decides to replace the item with an available product, a new order will be created.

The purchase of certain products may be subject to quantity limitations. We reserve the right to refuse, without notice at any time, purchases that exceed a certain quantity of products.

PURCHASE PROCEDURE

To place an order, the purchase procedure involves the following:

-selecting the products you want to purchase and click on “add to cart”. Adding a product to the cart does not guarantee the purchase of the product. The confirmation of the purchase will arrive only once the order and shipment confirmation has been received.

– filling in the registration form and accepting the general conditions of sale as indicated on the site. Before concluding the order, the customer must carefully check and verify the accuracy of the information provided and correct any errors.

The acceptance of the order by NESS1 will be confirmed by sending an email confirming the order. The customer can cancel an order at any time until NESS1 sends the order confirmation. Once accepted by NESS1 through the order confirmation, the order can no longer be modified/cancelled unless otherwise provided for by these general conditions or by law. In the event of a dispute relating to an order placed on the site, the data stored by NESS1 will constitute proof of the transaction.

PRICES, TAXES AND SHIPPING COSTS

All prices of NESS1 products are expressed and calculated in euros and are shown including VAT, shipping and customs taxes. We carefully and constantly check product prices and shipping costs to ensure they are always correct. Unfortunately, despite our efforts, some may not be. In the event that the order placed shows incorrect prices or costs, we will contact the customer as soon as possible to let them know.

If there is an increase in taxes or a legislative change occurs between the order placed by the customer and our confirmation in this regard, it will be NESS1’s concern to contact the customer to update it and request confirmation of the order again, after adjusting the amount possibly due.

NESS1 reserves the right to update and change the price of the products displayed on the site and the relative shipping costs at any time and without notice.

PAYMENT

The payment methods accepted by the portal are those indicated during the purchase procedure within the sales channels (credit cards/PayPal/bank transfer). All payment card holders are subject to verification and approval by the card issuer. Other payment methods may also involve verification and authorisation by the payment system providers themselves. By placing the order, the customer expressly authorises security checks to be carried out. If we deem it appropriate, we will communicate to third parties or receive information about the customer from them in order to confirm the identity, validate the payment card and obtain authorisation for the transaction.

NESS1 reserves the right to accept bank transfers for the payment of orders. Some financial institutions may charge a fee for bank transfers. In the case of orders paid by bank transfer, the order may not be processed until the payment has been received and confirmed by us by email. In the event that the customer’s payment by bank transfer is not credited to our bank account within seven days of the order, the order itself will be cancelled.

The product will remain the property of NESS1 until the full amount has been paid. The products ordered will remain under the responsibility of NESS1 until signed and received by the customer, after this step, the customer accepts and assumes all risks relating to the products including theft, damage and loss.

The portal accepts payments through the main credit card circuits through the secure payment system.

ORDER CONFIRMATION

Once the choice has been made and the order confirmed, the customer will receive an email confirming the details of the order and its reference number. We recommend that you keep your order reference number for any future inquiries regarding the order. When the customer receives the order confirmation, it will be their responsibility to double check it and confirm that it exactly reflects the order requested.

SHIPPING POLICY

The shipment will be “door to door” insured and guaranteed. This service will be carried out by security couriers. Consequently, for reasons of protection and security, the customer will not receive the tracking number to monitor the transit of the shipment but will be promptly informed and updated by NESS1 about the relative delivery times.

Purchases will be shipped in a single package that includes the products, packaging, payment receipt (or invoices as required), certificate of guarantee and authenticity, and instructions.

If more products are ordered, NESS1 will ship the order only once all of them are available.

NESS1 ships all over the world. We invite customers who are not included in the destinations on the site to contact us at the email address: info@ness-one.com.

Please note that we do not ship to certain addresses such as military zones, restricted areas, hotels, pickup points or PO boxes.

To receive the package, the signature, or confirmation by electronic device, of an adult is required. This procedure will be proof of delivery and receipt by the recipient or the person authorised to receive the goods.

DELIVERY

We will endeavor to ensure that the delivery takes place according to the estimated time from the date of receipt of our order shipment confirmation. In the event that the delivery of the products is delayed due to an event that is beyond our control, we will notify you as soon as possible of this delay and NESS1 will do its best to minimise it.

The products will be shipped to the address entered by the customer during the ordering process and indicated in the order confirmation. It is possible to enter only one address for each order. When estimating delivery times, we ask the customer to take into account creditworthiness checks, address verification, security checks and order processing times in addition to receipt of full payment of the amount due.

Upon confirmation of delivery, the customer will assume all existing risk and responsibility relating to the products purchased. In the event that the customer has indicated another recipient of the delivery (for example in the case of a gift), the customer accepts and acknowledges that the signature, or confirmation by electronic device, by that recipient is proof of delivery and of the fulfilment by NESS1 of the sales contract and all responsibility will then be transferred to the recipient of the delivery.

DELIVERY IN ITALY

Normally, for delivery in Italy it takes 10/15 working days and in any case no later than 20 working days from the shipping confirmation email.

All creations will be delivered inside a container and an envelope to ensure the integrity of the product. Each envelope will be associated with a seal whose numerical code will be communicated to the customer as soon as it is available. At the time of delivery, the customer is required to confirm the correspondence of the code / seal communicated.

If the customer receives a non-conforming / tampered / damaged envelope / container, or with any anomalies, he is required to deliver, report it to the courier on the waybill or delivery note and communicate it to our e-mail address: contact-us @ ness-one for the insurance coverage provided.

NESS1 will not be responsible for the delay or failure to deliver, if the delay or failure to deliver is caused by circumstances beyond our control including, by way of example but not limited to, acts of war or terrorism, strikes, states of national or local emergency, failure of transport infrastructure, interruptions in the supply of electricity or other utilities, earthquakes, other natural disasters, postponements or delays in delivery caused by the recipient.

INTERNATIONAL DELIVERY

Shipping times are dictated by the courier of reference for abroad according to the zone you live in.

Approximately, the expected delivery times in Europe are 10/15 working days and in any case no later than 25 days.

For the rest of the world, the expected delivery times are 10/15 working days and in any case no later than 30 days.

In the event that the user, without reasonable reason, postpones the delivery, or delays the receipt of the delivery after NESS1’s notice of having attempted delivery of the items ordered, or in the event that the user has provided an incorrect delivery address which resulted in the delivery failure, the package will be returned to NESS1, and NESS1 will be relieved of the obligation to deliver the items within the established delivery time.

Orders are dispatched by insured security courier, whose conditions vary regardless of the shipping country that will be used.

NOTES – COVID 19

In this difficult time, the safety and well-being of our customers, our employees and the entire community are of the utmost importance. As we strive to ensure safe working conditions within our distribution centre, there may be slight delays in shipping. Thanks in advance for your understanding. Our courier is also adapting its working procedures to ensure the safety of employees and customers. The signature required at the time of delivery will be carried out while maintaining a safe distance, also using electronic devices.

INVOICE/RECEIPT

Once the product has been confirmed and ordered, the customer will receive a written invoice as a PDF attachment to the email address or by other means.

The invoice/receipt must be kept as a document for the purposes of the guarantee provided for by law.

EXCHANGE AND RETURN POLICY

We invite the customer to check the conditions of the entire packaging and of the entire product delivered upon arrival of the goods. If there are any anomalies, the customer must notify the courier on the waybill or on the delivery note and in any case report it within 24 hours of delivery to our email address: contact-us@ness-one.com

The conditions for exchanges or returns must be as follows:

– all exchanges or returns must contain the original invoice/receipt for the sale, all accessories, any other item, even free of charge, received with the order, instructions, guarantee and any other document present in the original packaging.

– returned products will be subject to strict quality control. Products with signs of wear, scratches, dents, damage or alteration including changes in size will not be accepted. The return must be new, unused, in perfect condition.

The customer can return a product at their own expense. Please keep a copy of proof of return by insured mail or other method that provides proof of the delivery date. The customer must also insure the return of the product against theft and loss for the value of the product.

NESS1 will verify that the return meets the Conditions of the exchange and returns policy and, if so, we will proceed with the refund or exchange of the return, normally within 7 working days from receipt of the return.

Orders for products that have been customised in any way or that have been made according to the specific indications of the customer cannot be cancelled and, therefore, these products cannot be exchanged or refunded.

The product must be sent to the following address: Ferrari Group, via S. Giovanni Bosco, 10, 15121 Alessandria AL.

AUTHENTICITY AND QUALITY GUARANTEE

NESS1 is committed to ensuring that each product strictly complies with our quality criteria and passes all our checks, both technical and aesthetic. All products are covered by our guarantee, consisting of the NESS1 certificate of authenticity and quality. This guarantee does not cover normal deterioration of the metal or sapphire crystal.

The guarantee will not apply in the event of loss, theft, misuse, negligence or attempted repair by unauthorised persons.

PRODUCT DESCRIPTION

We try to ensure that information relating to products, such as their description, size and colours published on the platforms, is accurate and complete. However, we do not guarantee, either expressly or implicitly, the accuracy, reliability or completeness of such information.

LIMITATION OF LIABILITY

To the maximum extent permitted by law and unless otherwise provided for in these Conditions of Sale, we decline and exclude any guarantee relating to products and sales channels, whether provided by law (expressly or implicitly), or arising from commercial uses or practices. Without prejudice to the foregoing, our maximum contractual, extra-contractual (including any negligence) or other liability will in no case exceed 100% of the price of the products/orders, even if we were aware of the possibility of such damage.

Because consumer protection laws in some jurisdictions may not allow certain exclusions or limitations of liability guarantees, some of the above exclusions and limitations may not apply to you.

GENERAL PROVISIONS

In the event that any provision, or part of this of these Conditions of Sale, is illegal, invalid or unenforceable, this provision, or part of it, will be void without affecting the other provisions of these Conditions of Sale, unless otherwise required by applicable law.

These Conditions of Sale and any other conditions referred to within them constitute the entire contract between NESS1 and the customer in relation to the order of products or services and replace all previous contracts, draft contracts, agreements, the commitments or contracts of any kind signed by the parties, in relation to this matter.

NESS1 will not be liable for any failures or delays in the execution or fulfilment of our obligations under these Conditions of Sale due to causes beyond our reasonable control.

This is a contract between NESS1 and the customer. No other person has the right to enforce any of its terms. However, if the customer purchases a product as a gift, the recipient of the gift will be able to benefit from NESS1’s guarantee of authenticity.

APPLICABLE LAW

These Conditions of Sale, their interpretation and execution, including transactions made through the site, are governed by the laws of the Italian Republic. Each party irrevocably undertakes to submit to the jurisdiction of the courts of the Italian Republic in relation to any claim or any other matter concerning these Conditions of Sale.

NESS1 may modify, suspend or interrupt the operation of the site at any time. We reserve the right to limit, suspend or terminate the customer’s access to the site and its services, if we have reason to believe that the customer is violating these terms of sale or applicable laws, or for any other reason, without prior notice or liability on our part. We may prevent the use of the site in the event of repeated violations of intellectual property rights.

BINDING AGREEMENT

The confirmation of the order by NESS1 and these conditions of sale constitute the entire agreement between the customer and NESS1 with reference to the purpose thereof.

INTELLECTUAL PROPERTY AND TRADEMARKS

All trademarks, logos or service marks that appear on the site or any other sales and/or advertising/social channels, whether registered or not, are the exclusive property of NESS1. These Conditions of Sale and all materials, elements and contents (including drawings, models, illustrations, photographs, videos, texts, codes, audio and graphic tracks) included in the site and the foregoing, are the exclusive property of NESS1. Nothing contained on the site can in any way be interpreted as an implied licence of any kind or right to use the trademarks displayed on the site itself, without the written permission of NESS1. The customer can copy and print pages of the site exclusively for non-commercial purposes related to orders or purchases through the site. Unless NESS1 provides specific written authorisation in advance, any other use of the site, its contents and information is strictly prohibited.

COPYRIGHT AND VALIDITY