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General Terms and Conditions of Use and Sale
Newpop S.r.l. provides you with site functionality and other products and services when you visit or shop on Newpop.it (the "site"). Newpop S.r.l. provides the Newpop Services under the following terms and conditions ("General Terms of Use and Sale"). Newpop.it is Newpop's commercial name.
I) GENERAL TERMS OF USE
II) GENERAL SALES CONDITIONS
We invite you to carefully read these general conditions of use ("General Conditions of Use") before using the Newpop Services. By using the Newpop Services, you fully accept these General Terms of Use.
SUGGESTIONS AND CUSTOMIZATION
As part of the Newpop Services we will suggest features, products and services, including third-party advertisements that may interest you, and we will also identify your preferences and personalize your experience.
3. COPYRIGHT AND DATABASE RIGHTS
All content present or made available through the Newpop Services in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, are the property of Newpop or its content providers and are protected by Italian and international laws on copyright and database rights. The list of all the contents present or made available through the Newpop Services is the exclusive property of Newpop and is protected by Italian and international laws on copyright and database rights.
It is not allowed to systematically extract and / or reuse parts of the Newpop Services without Newpop's express written consent. In particular, you are not permitted to use data mining, robots or similar mining or mining devices (one or more times) to reuse any substantial part of any Newpop service, without our express written consent. You will also not be able to create and / or publish your own database that reproduces substantial parts (eg prices and product lists) of the Newpop Services without the express written consent of Newpop.
4. TRADEMARKS
The graphic material, logos, page headers, button icons, characters and service marks included in or made available through any of the Newpop Services are trademarks or distinctive signs of Newpop. Newpop's trademarks and distinctive signs may not be used in relation to products or services that are not Newpop's, in such a way as to generate confusion among customers or in any way that could denigrate or discredit Newpop. All other trademarks not owned by Newpop that appear on any of the Newpop Services are the property of their respective owners, who may or may not be related, connected to Newpop or sponsored by Newpop.
5. PATENTS
The Newpop Services and the functionalities accessible through these services are protected by one or more patents owned by Newpop. The Newpop Services use all or part of one or more patents based on licenses.
6. LICENSE TO ACCESS NEWPOP SERVICES
Provided that you comply with these General Conditions of Use, the Terms of Service, and that you pay any applicable fees, Newpop or its content provider grants you a limited, non-exclusive, non-transferable and non-sublicensable license. to access the Newpop Services and make personal and non-commercial use of them. This license does not include any right of resale or commercial use of each Newpop Service or its contents, nor the right to collect and use lists, descriptions or prices of products, make a derivative use of the Newpop Services or their contents, make any kind to download or copy account information for the benefit of another reseller or use data mining, robots, or similar data capture and extraction devices. All rights not expressly conferred by these General Conditions of Use or by the Terms of Service remain with Newpop or its licensors, suppliers, publishers, owners or other service providers.
It is not possible to reproduce, duplicate, copy, sell, resell, visit or in any other way use the Newpop Services for any commercial use in whole or in part without our express written consent. You may not framing or use framing techniques to misappropriate any Newpop trademark, logo or other proprietary information (including images, text, page settings, or formats) without our express written consent. You may not use any meta tags or any other "hidden text" using the Newpop name or trademarks without our express written consent. You must not improperly use the Newpop Services. You will be able to use the Newpop Services exclusively within the limits established by law. The violation of these General Conditions of Use or the Terms of Service will result in the revocation of the authorization or license issued by Newpop.
7. YOUR ACCOUNT
You may need your Newpop account to use certain Newpop Services and be required to log into your account as well as have a valid payment method associated with it.
If there is a problem with charging your selected payment method, we may charge any other valid payment method we have provided associated with your account.
If you use the Newpop Services, you are required to keep your account and password confidential and to control access to your computer and devices, and accept, to the extent permitted by applicable legal provisions, to be held responsible for all activities that will be carried out with your account and password. You undertake to take all necessary precautions to ensure that your password remains secure and confidential and you undertake to notify us immediately if you have reason to believe that any third party is aware of your password, or in the event that your password is, or is likely to be, used in an unauthorized manner. You are responsible for ensuring that the information you provide to us is correct and complete and to immediately notify us of any changes to the information you have provided to us.
You must not use the Newpop Services: (i) in such a way as to cause, or may cause, interruptions, damage or malfunctions to the Newpop Services and its functionalities, or (ii) for fraudulent purposes, or in any case to commit illegal activities, or (iii) to cause disturbance, prejudice or concern.
We reserve the right to prevent access to the Newpop Services or to close your account if your behavior constitutes a justified reason for doing so. This will happen, in particular, in the event of a violation of current legislation, applicable contractual provisions, our guidelines or our policies, all accessible on our site. Notwithstanding this limitation or closure, you will be able to continue to have access to the content and services purchased up to that point.
8. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
You are allowed to post reviews, comments and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions or other information, as long as the content is not unlawful (i.e. obscene, abusive, intimidating, defamatory, does not violate privacy, intellectual property rights or is not in any other way offensive to Newpop and / or third parties or deplorable and is not or in any case does not contain viruses, political propaganda, commercial solicitation, chain letter, mass e-mail or any other form spamming). You may not use a fake email address, pretend to be another person or subject, or otherwise lie about the origin of a postcard or other content. We reserve the right to remove or modify such content. If you believe that a content, or a sales advertisement published on the site or used as part of the Newpop Services, contains a defamatory statement or that your intellectual property right has been violated by an article or information on the site or used as part of the Newpop Services, we invite you to report it to us and we will promptly respond.
APPLICABLE LAW AND JURISDICTION
These General Conditions of Use are governed by and must be interpreted in accordance with the laws of the Grand Duchy of Luxembourg (with the exception of the provisions relating to conflict of laws) and the application of the United Nations Convention on Contracts of international trading of goods. If you are a consumer and have your habitual residence in the European Union, you could benefit from the additional protections provided by the mandatory regulations of your country of residence. You agree, and we accept in turn, to submit to the non-exclusive jurisdiction of the Courts of the District of Luxembourg City. As a consumer you will be able to take action before the Courts of the District of Luxembourg City or of the Member State of the European Union in which you are resident or domiciled to promote a dispute in relation to these General Conditions of Use.
The European Commission provides an online dispute resolution platform, which you can access through this link: https://ec.europa.eu/consumers/odr/. Should you wish to bring an issue to our attention, please let us know by using the Contact Us function.
9. EXPORT CONTROLS
You agree not to export, re-export or transfer any products (including software or other digital products) that you have purchased on the site to any country, individual, company, organization or entity to which such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, the U.S. Department of State, Treasury, or Commerce, and other governmental authorities (such as embargoes imposed on specific countries, or economic sanctions imposed on individuals or companies for terrorism or money laundering offenses) may prohibit bringing products, including for personal use, into other countries, and / or sending products (either physically by post or digitally by email or by sharing of files) to certain individuals, companies, organizations or entities. Furthermore, you agree not to purchase any product or service from the site if you yourself are subject to restrictive measures (sanctions).
10. CHANGES TO THE SERVICE OR CHANGES TO THE CONDITIONS
We reserve the right to modify the Newpop Services, policies, these General Conditions of Use and the Terms of Service at any time to offer new products or services or to comply with legal and regulatory provisions. You will be subject to the policies and terms of the General Conditions of Use from time to time in force at the time you use the Newpop Services. If any provision of these conditions is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
11. WAIVER
In the event of your non-fulfillment of these General Conditions of Use, our failure to exercise the right to act against you does not represent our waiver to act for the violation of the obligations undertaken by you.
12. CHILDREN
We do not sell products to children. If you are under 18, you can only use the Newpop Services with the involvement of a parent or guardian.
13. OUR CONTACTS
This site is owned and managed by Newpop S.r.l.
Newpop S.r.l .:
Newpop S.r.l., via Emanuela Setti Carraro, 27 / A, 93015 Niscemi VAT NUMBER AND TAX CODE: 02051380851, SDI CODE: USAL8PV
II. GENERAL SALES CONDITIONS
These general conditions of sale govern the sale of products and, where applicable, of services through the site when Newpop Srl operates as a seller ("General Conditions of Sale"). The sale of products by third party sellers will be governed by the terms and conditions of sale applicable from time to time. We offer a wide range of Newpop Services and sometimes you may be subject to additional terms and conditions. If you use any Newpop Service (for example: Your Profile, Gift Vouchers or Communications Center), you will also be subject to the terms, guidelines and general conditions applicable to that particular service ("Terms of Service") . In the event of a conflict between these General Conditions of Sale and the Terms of Service, the Terms of Service will prevail.
We invite you to carefully read these General Conditions of Sale before making any purchase. By making any purchase, you fully accept these General Conditions of Sale.
1. OUR CONTRACT
The presentation of products and services on the site is an invitation to offer.
If you want to buy one or more products, you can select them one at a time, adding them to your cart. Once you have selected all the items you wish to purchase, you can close your cart and submit the order. At this point you will see a summary page of the products you have selected, their price and the delivery options (with related costs). You will be prompted to choose your preferred delivery, transport and payment method. On the left side of the same
page, you will find the red button "ADD TO CART", which you will have to click to submit your order.
Your order will then be considered as your contractual purchase proposal addressed to Newpop for the products listed, each considered individually. Upon receipt of your order, we will automatically send you an order acceptance message ("Order Receipt"). Receipt of Order does not constitute acceptance of your purchase proposal. By sending the Order Receipt, in fact, we only confirm that we have received the order and have subjected it to the data verification process and the availability of the products requested by you. The sales contract with Newpop S.r.l. it will end only when we send you a separate e-mail or on the acceptance site of your purchase proposal which will also contain information relating to the shipment of the product ("Shipping Confirmation"). In the event that your order is processed through multiple shipments, you may receive separate Shipping Confirmations. You will be able to cancel your order before you have received the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case you will not be charged any costs. In any case, the right of withdrawal is subject to the terms and conditions set out in the following art. 2. The right of withdrawal does not apply to certain categories of products customized by the buyer, such as: sofas, armchairs, furniture or other similar customizable products, with upholstery or finishes ordered from our suppliers specifically at the request of the buyer.
You agree to receive invoices electronically. These documents will be emailed from our billing department.
All orders placed on the site must correspond to normal consumption needs. This requirement is applied both in relation to the number of products purchased with a single order, and in the case of a plurality of orders relating to the same product even if each order includes a quantity of products corresponding to normal consumption needs.
2. NEWPOP RIGHT OF WITHDRAWAL, EXCEPTIONS AND RETURN POLICIES
Subject to the exceptions indicated below, you have the right to withdraw from the order placed, without giving any reasons, within 14 days from the day you received the ordered product. If you have a trusted person in charge of the collection, your right of withdrawal starts from the day of delivery of the product to the person designated by you, other than the courier.
You will need to communicate to Newpop S.r.l., via Emanuela Setti Carraro 27 / A, 93015 Niscemi (CL) the exercise of the right of withdrawal, by sending an e-mail to customercare@newpop.it.
In order to exercise the right of withdrawal, the relative communication must be sent before the expiry of the 14-day period and the product must be returned to Newpop.
For more information on the right of withdrawal and operating instructions, contact our Customer Service by sending an email to customercare@newpop.it or by telephone at 0039 0240032017.
EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL
We will refund all payments received in relation to the product for which you have exercised the right of withdrawal, including the shipping costs relating to the cheapest shipping method offered by Newpop, within 14 days from the day we received the communication relating to the exercise of the right of withdrawal. We will make the refund on the same payment method you used to place the order, unless you have expressly agreed otherwise. In any case, you will not incur any costs as a result of this refund. We may withhold the refund until we have received the product or until you have provided proof that you have returned it to Newpop, whichever occurs first. Please note that you are required to return the products to us within 14 days from the day on which you communicated the withdrawal. You will have to bear the direct costs of returning the products. You may be held responsible for the decrease in the value of the goods resulting from the handling of the goods (other than that necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply in case of:
- supply of sealed goods that cannot be returned for hygienic reasons or related to health protection and that have been opened after delivery or in the case of supply of products that are, after delivery, inseparably mixed with other goods;
- supply of goods made to measure or clearly personalized;
- supply of goods that risk deteriorating or expiring rapidly;
- supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
NEWPOP RETURNS POLICY
In addition to your rights deriving from the law, the products sold by Newpop S.r.l. can be returned to Newpop within 14 days of delivery, without completing any reason for the return, subject to the exceptions to the right of withdrawal, as long as they are intact and in the same condition in which they were delivered to you.
In these cases, we will only refund the price paid for the purchase. Instead, we will not refund the shipping costs incurred to receive the item you are returning. The risks deriving from transport and the return costs will be your sole responsibility.
3. PRICES AND AVAILABILITY
All prices are inclusive of VAT applicable by law.
Information on the availability of the products we sell is listed on the site, as well as on the presentation page of each product. In addition to the information provided on this page or elsewhere on the site, we are unable to give more precise information regarding the availability of products. Please consider that the estimated times for sending and delivering the products are purely indicative and it is not possible to fully rely on them. Once your order is received, we will notify you by email that they are not available. Despite all our efforts, we cannot exclude that for a small part of the countless products in our catalog a different price from the actual one is indicated by mistake. In any case, we will check the correctness of the prices of the products during the process of verifying the order and subsequent shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct selling price of a product, we can contact you to check whether you still want to purchase the product at the correct price or we may not accept your order.
4. CUSTOMS
If the goods ordered by Newpop were to be delivered outside of Italy, you could be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs will be at your expense. We are not in control of these costs and cannot predict the amount. Customs policies vary considerably from country to country and you should therefore contact your local customs office for more information. Please also keep in mind that when you place orders on the site, you are considered an importer and are therefore required to comply with all the laws and regulations of the country where you will receive the goods. Your privacy is important to us and we know you care about how your order information is used and shared. We would like our international customers and customers who ship products overseas to be aware that cross-border deliveries are subject to opening and inspection of products by customs authorities.
5. WARRANTIES ON PRODUCTS SOLD BY NEWPOP AND LIMITATIONS OF LIABILITY
The warranty regime on products sold by Newpop differs according to whether the buyer is a "consumer" or a "professional" pursuant to Directive 1999/44 / EC concerning "certain aspects of sales contracts and guarantees concerning consumer goods ".
If you buy as a "consumer", you benefit from the legal guarantee of conformity which the seller is required by law on all goods sold ("Legal Guarantee").
The Legal Guarantee - to which Newpop is held as a seller - guarantees the goods against conformity defects with respect to the sales contract.
Pursuant to the law, in case of applicability of the Legal Guarantee, you will have the right to restore the conformity of the goods free of charge by repair or replacement, or, if this is not possible, to a reduction in the purchase price or termination of the contract. Newpop is therefore liable for lack of conformity if they occur within two years from the date of delivery of the goods. In any case, you will have the duty to report the lack of conformity within two months of its discovery.
In the event that you find a lack of conformity on the goods purchased from Newpop during the validity period of the Legal Guarantee, please contact us by e-mail sent to customercare@newpop.it.
Within the limits permitted by law, Newpop declines all responsibility in the event that the delivered product does not comply with the legislation of the country of delivery other than Italy.
Newpop will not be liable in case of delay in the delivery of the purchased goods due to insufficient stocks at our supplier.
We will also not be responsible for any insubstantial differences between the purchased goods and their illustrative images and text descriptions published on our site.
Except in the case of willful misconduct or gross negligence, we are solely responsible for any direct and foreseeable damage at the time of the conclusion of the sales contract. We will therefore not be liable for any losses suffered, loss of earnings or any other damage that is not an immediate and direct consequence of our non-fulfillment or that was not foreseeable at the time of the conclusion of the sales contract. Newpop is in no way responsible for the fulfillment of the obligations borne by third parties who may offer commercial guarantees in relation to the products for sale on the site.
6. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are governed by and must be interpreted in accordance with Italian laws (with the exception of the provisions on conflict of laws) and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You also accept, and we accept in turn, to submit to the non-exclusive jurisdiction of the court of Gela. As a consumer you can thus act before the Courts of the District of the City of Gela.
CHANGES TO THE GENERAL CONDITIONS OF SALE
We reserve the right to modify the site, policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. You will be subject to the policies and terms of the General Conditions of Sale from time to time in force at the time you order products from us, unless any changes to these policies and terms are required by applicable law or competent authorities (in which case , they will also apply to orders you have previously placed). If any provision of these conditions is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
7. WAIVER
In the event of your breach of these General Conditions of Sale, our failure to exercise the right to act against you does not represent our waiver of action for the breach of commitments undertaken by you.
8. CHILDREN
We do not sell products to children. If you are under the age of 18, you can use Newpop.it only with the involvement of a parent or guardian.
9. OUR CONTACTS
Our contacts:
Newpop S.r.l., via Emanuela Setti Carraro, 27 / A, 93015 Niscemi
VAT NUMBER AND TAX CODE: 02051380851, SDI CODE: USAL8PV