Terms and conditions
OWNERSHIP
NO-GRAM.COM is the trading name of NO-GRAM and is a company owned by Rita Marcangelo based in Via della Chiesa Nuova, 10 - 00186 – Roma – Italy, Tel: ++39 0668308233, e-mail: info@no-gram.com. Registered under the Rome Chamber of Commerce, Register of Enterprises, Rome, Italy Administrative N: 872720, VAT Number: IT 10250730586.
APPLICABLE LAWS
The sale of products and services by electronic means is governed by Law Decree 9 April 2003 nr. 70, in the area of electronic commerce. The purchase agreement entered into between the CUSTOMER and NO-GRAM.COM will be governed by and interpreted in accordance with Italian law.
INTRODUCTION
NO-GRAM's ("NOGRAM" "we" "us") website(s) (our "Website" or "Websites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Websites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on WWW.NO-GRAM.COM. We recommend you keep a copy of the TOS for future reference. In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. We reserve the right to accept orders from those over 18 years of age only. We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Website. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
REGISTRATION
To use some of the services or features made available to you on this Website you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@no-gram.com. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify NO-GRAM immediately of any breach of security or unauthorized use of your account. Please refer to our Privacy Policy for information about how we use your data. Upon the completion and submission of the online registration form by you to NO-GRAM, you will receive a confirmation email to the email address provided in the online registration form.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Website is available only to individuals and others who meet the NO-GRAM terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to NO-GRAM, whose applications are acceptable to NO-GRAM and who have authorized NO-GRAM to process a charge or charges on their credit/debit card for the amount of the total purchase price for the merchandise they wish to purchase. NO-GRAM reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making an offer to purchase merchandise you expressly authorize NO-GRAM to perform credit checks and where deemed necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.
ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. When you order an Item from NO-GRAM you are offering to buy it for the price stated, subject to these Terms. You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the [PROCEED TO CHECKOUT] button at the end of the on-line order process. Once you have placed your order, we will send you an email acknowledging the exact details of your order. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns policy set out in the relevant section below, our acceptance of your order and the completion of the contract between you and seller will take place when you receive an email from us confirming the Items ordered by you. Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email. If you require any information regarding your order(s) please contact NO-GRAM on customercare@no-gram.com or fill-in the FORM at the page "CUSTOMER SERVICE”. We may not accept your order if: 1) an item you have ordered is out of stock; 2) we are unable to obtain authorisation for your payment; 3) we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion. If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Returns policy set out in the relevant section below. We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If we cannot supply any Item we will release the funds being held by us for the purchase.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, but only confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and NO-GRAM will be completed with a second email confirming the goods ordered and relative details of price. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Website whether or not that merchandise has been sold, by removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
PRICING POLICY
All prices and offers remain valid as advertised. The Euro price of a product displayed on the Website at the time the order is accepted will be honored, except in cases of patent error. All prices indicated for Items sold by NO-GRAM are inclusive of VAT where applicable (inclusive of the respective taxes of the country the designer is based in, but only if the designer is VAT registered) at the current rate and are quoted in Euro, with an approximate indication of the price in other currencies, based on a daily updated exchange rate. Please note that these are an approximate conversion and that each currency is subject to a general fluctuation depending on the exchange rate at the time it was entered. These currencies will be updated on a regular basis but may not reflect the daily exchange rate. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. We recommend you contact your local customs authorities to determine a landed cost price prior to purchase completion. If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
PAYMENT
Payment can be made by using all major credit and debit cards through PayPal system. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to NO-GRAM, we will not be liable for any delay or non-delivery. We take all reasonable care to make our Website secure. NO-GRAM does not store your credit card details on our systems. However all other details will be fully encrypted and only used to process the order which you have initiated. Furthermore, we take reasonable care, insofar as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website. To help ensure that your shopping experience is safe, simple, and secure, NO-GRAM and our banking system use Secure Socket Layer (SSL) technology.
CREDIT CARDS
Your credit card company may undertake an additional security check to confirm it is you making the order.
GIFT CARDS
Virtual Gift Cards (collectively, the "Gift Cards") are sold subject to the following terms and conditions: 1) Gift Cards are valid for 12 months from date of purchase; 2) Gift Cards can be redeemed against all products on the WWW.NO-GRAM.COM website; 3) Gift Cards are non transferable and may not be returned or redeemed for cash; 4) If your order total is less than the value of the Gift Card, a Voucher will be issued for the remaining balance and can be redeemed against subsequent orders; 5) If your order exceeds the value of the Gift Card, all remaining balances exceeding the value of your Gift Card must be paid by credit or debit card; 6) If you return products you have purchased using a Gift Card, you will be issued with a Voucher for the remaining balance that you will be able to use against subsequent orders; 7) If you return an item that was paid for by both Gift Card and credit card, you will be refunded on your credit card up to the amount of your initial card payment and the remaining amount will be refunded as a Credit Voucher; 8) Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A notification will also be sent to the purchaser of the Gift Card as confirmation of dispatch; 9) NO-GRAM is not liable for delivery of a Gift Card to an incorrect or non-existent e-mail / postal address. This is the sole responsibility of the purchaser.
DELIVERY
Our designers aim to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. All purchases (except "Gift Cards") are sent via international courier. You will receive a tracking number for your package so that you may check its whereabouts on the courier’s website. For Items delivered via International courier, delivery time on ready to purchase Items (Buy now) is normally between 3 and 7 working days depending on when your order is processed and the location you require the order to be shipped to. For Items made especially for you (By order), delivery time is normally approximately 5-6 weeks. If your order cannot be delivered within the timeframe specified at the time the order is placed, we will notify you and try to rectify the situation as quickly as is practically possible.
DISPATCH
Please note that our designers aim to dispatch all orders within 48 hours following the order confirmation. We operate Monday to Friday and not on public holidays. Estimated delivery times are to be used as a guideline only and commence from the date of dispatch. NO-GRAM and its designers are not responsible for any delays caused by any local customs clearance processes.
All orders will only be sent to the address provided on the PayPal website in the final phase of the purchase, whether payment is made through a PayPal account or by credit card, therefore NO-GRAM cannot ship to other any addresses.
ONERSHIP
We and our designers will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Full ownership and consequent responsibility will pass to you upon delivery. NO-GRAM requires a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by NO-GRAM, and transfer of responsibility in the same way.
TAX & DUTIES
If you are ordering goods for delivery from a designer based outside your country or trading zone, please note that your purchase may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that NO-GRAM or its designers have no control over additional charges in relation to customs clearance. NO-GRAM recommends that you check with your local customs officials for more information regarding importation taxes/duties that may be applicable to your online order.
FORCE MAJEURE
NO-GRAM and its designers shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
RETURNS AND REFUNDS - CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS (DSR)
Sales of items via Internet are goverened by the consumer code D.Lgs. 21/2014 (D. Lgs. 206/2005) and D.Leg 70/2003 in Italy. The consumer may withdraw from the contract and can consequently return the item purchased and obtain a refund. NO-GRAM wants to ensure your complete satisfaction. Please note, however, that we will only accept the return of Items that have not been worn, used or damaged, for a refund, as set out below. Please be aware that you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation, by filling-in the Form on our website (under the page My Account) within 14 days of receiving the order or by sending formal written notice by registered mail within 14 days of having received the goods to the address it was sent from. You will be given a Return Merchandise Authorisation (RMA). You will then have 14 days to return the item(s) you have purchased to the address it was sent from. Returns outside these timeframes may not be accepted. We handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied with your goods we will happily offer you the following options: 1) Refund of the amount paid (excluding shipping costs and transaction fees); 2) Replacement with a Credit Voucher for the amount spent (excluding shipping costs). We would like to underline that in order to receive a refund or replacement with a Voucher, the Item(s) must be received unworn, in perfect condition and in their original packaging. All successfully returned items will be refunded with the same means used to originally purchase the items, less any taxes, import duties or shipping charges incurred. All orders cancelled before receiving the confirmation e-mail by NO-GRAM (i.e. before the package has been sent) will be refunded in full, including shipping costs. Refunds will be issued within 30 days of us receiving your cancellation notice, as long as the goods in question are returned by you and received by us in their original condition. In the event that an Item is ordered and made especially for you (By Order), it cannot be refunded or exchanged at any time.
GIFT RETURNS
If you have received an item from NO GRAM as a gift and you want to return it, you will be issued with a Credit Voucher for the same value as the purchased item, excluding shipping costs and transaction fees. In case of a new purchase for the same value or more, provided you pay the cost difference and the additional shipping, taxes, and import duties, and any additional charges incurred as a result of the exchange.
COLOURS
We have taken great care to ensure that the Items on our Website are presented as accurately as possible. However colour clarity will depend upon your own personal monitor and we therefore cannot guarantee that the colour of the actual Item is absolutely accurate. Before placing an order please read through these Terms.
INTELLECTUAL PROPERTY RIGHTS
All content available on the Website, including, but not limited to, text, graphics, logos, buttons, icons, images, audio clips, data compilations and software, and the compilation thereof (the "Content") is the property of NO-GRAM, our designers, our partners or our licensors, and is protected by Italian and international copyright laws. Any trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of NO-GRAM, our designers, our licensors or our partners, in Italy and other countries, and are protected by Italian and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
CONTENT
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, videos, audio or text on this Website. NO-GRAM endeavours to ensure that the information on this Website is accurate and complete. NO-GRAM does not promise that the Website's Contents are accurate or error-free. NO-GRAM does not promise that the functional aspects of the Website or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to NO-GRAM a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated but NO-GRAM does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail comments@no-gram.com. NO-GRAM reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public, hence information you consider confidential should not be posted to this Website. The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of NO-GRAM and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Website is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on and pursuant to this Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may decide to deny you access to this Website on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Website to other websites or resources operated by parties other than NO-GRAM, including advertisers. NO-GRAM has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.????
YOUR RIGHTS
You have certain rights under the law. In Italy these include: 1) That any products you order through this Website will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Website; 2) Certain remedies if a product is defective; 3) A right to cancel any order for a product within fourteen (14) days commencing on the day after the date on which you receive it, and receive a full refund (excluding shipping costs) even if it is not defective. Nothing in the TOS is intended to affect these rights. For more information about your rights you can consult, D.Lgs. 21/2014 (D. Lgs. 206/2005) and D.Leg 70/2003.
LIMITS ON OUR LIABILITY
If the goods we deliver are not what you ordered, or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email or by filling in the FORM on the "CUSTOMER SERVICE" page, describing the problem within 14 days of the delivery of the goods in question. If you notify us of a problem our only obligation will be, at your option either: 1) to make good any shortage or non-delivery; 2) to replace any goods that are damaged or defective; 3) to refund to you the amount paid by you for the goods in question. If NO-GRAM breaches the TOS we shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such a breach. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses including loss of profits, business or goodwill howsoever arising from any problem you notify us of and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question. You must observe and comply with all regulations and legislation, including abiding by all necessary customs, import or other formalities to purchase goods from our Website. The importation or exportation of certain of our goods to you may be prohibited by the laws of your country. We make no representation and accept no liability in respect of the export or import of the goods you purchase. Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under local law or other statutory rights that may not be excluded or limit our liability to you for any death or personal injury resulting from our negligence. We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control. NO-GRAM is a platform where designers (Sellers) may sell their Items directly. Consequently NO-GRAM is not a participant in the sale and purchase process between the Seller and the User. NO-GRAM is therefore responsible for the service of connecting designers and clients only, as set out in this agreement, but is not liable for any controversy outside of this agreement. However, NO-GRAM endeavours to contribute to the solution of any problems that may arise from the sale of Items. The only exception to this is in those cases where NO-GRAM directly sells items that are held on consignment.?
PRIVACY POLICY
We will treat all your personal details as confidential and we will only disclose this information in the circumstances set out below.
Your rights
Data processed by us are made up of personal data; these data are all defined by law as common data therefore do not include sensitive data as agreed upon by art. 4 of Legislative Decree. N. 196/2003 and art. 29 of the Directive n. 95/46 / EC on the protection of personal data. You will be able, at any time, to withdraw your consent for the use of data for commercial / marketing purposes or ask for the cancellation of the data, by sending an email to customercare@no-gram.com or filling the FORM at the page "CUSTOMER SERVICE".
Use of data
When you register on this Website, or make a purchase we will ask you to input and will collect personal details from you such as your name, e-mail address, billing address, telephone number. We may also collect, and our third party providers may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our Website that were viewed during your visit, any advertisements you may have clicked on, and any search terms that you entered on our Website. We use your information for the following purposes: 1) maintaining your registration; 2) processing your order and share necessary information with the respective designer or courier company; 3) for statistical purposes to improve this Website and its services to you; 4) to serve website content to you; 5) to administer this Website; 6) if you consent, to notify you of products or special offers that may be of interest to you; 7) if you consent, to send you information by post or email. We may also use your personal information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve our site design to better meet our visitors' needs. From time to time NO-GRAM may employ third party business partners to collect personal information on NO-GRAM 's behalf. In such cases, these third parties will be subject to confidentiality agreements and instructed by NO-GRAM to fully comply with the NO-GRAM Privacy Policy. We will not release your personal details. However you should be aware that if we are requested by police authorities or any other regulatory or government authority investigating suspected illegal activities to provide your personal details and/or user information, we are entitled do so.
Optional or compulsory communication of data and consequences of refusal
Providing of your personal data is required for registration to the website and for access to services related to this. Failure to provide personal data will affect registration to the website.
Data processing and responsible party
The data processor is NO-GRAM, with headquarters in Via della Chiesa Nuova, 10 - 00186 Rome, Italy.
LINKS
For convenience, NO-GRAM.COM may provide links to other sites operated by independent third parties. The NO-GRAM privacy statement applies solely to information collected by this website. We are not responsible for the privacy practices carried out by other sites. We recommend you read the privacy policies of other websites you may visit. For any information regarding the technical management of the website you can write an email to webmaster@no-gram.com.
WATH ABOUT COOKIS?
A cookie is a piece of information that is stored on your computer's hard drive by your web browser which tracks your movements within websites. Our site uses cookies to keep track of how often you visit our site, the contents of your shopping cart, previous purchases and to deliver content specific to your interests. Most browsers are automatically set to accept cookies but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use most of the features of our website, including the ability to purchase items. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
CONTACTING US
If you would like some help when ordering, have a query about your order or would like to provide us with feedback on our service, please send an e-mail to customercare@no-gram.com or fill in the FORM of the page "CUSTOMER SERVICE".
NO WAIVER
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
GOVERNING LAW
Your use of this Website and any purchase by you of any Item from NO-GRAM shall be governed by Italian law and you agree to submit to the exclusive jurisdiction of the Italian courts.