PRICE

All prices include Italian sales tax

Italian sales tax is automatically deducted from orders placed out of UE.

PAYMENTS

Payments are accepted through Paypal’s secure online system and Moneta Setefi (Intesa SanPaolo Bank) online secure payment system.

All major credit cards and debit cards are accepted, as well as Paypal direct payments.

SHIPPING COSTS
  • For orders placed within Europe territories and for a value over € 200,00 shipping is free.
  • For orders placed in Italy with a value lower than € 200,00 the flat shipping rate is € 15,00
  • For orders placed in Europe with a value lower than € 200,00 the flat shipping rate is € 25,00
  • For all orders placed outside Europe territories the flat shipping rate is € 35,00.

Shipping outside UE:

Import duties are necessarily charged on the addressee once the item reaches the custom.

Due that taxes and customs policies are different from country to country we have no control on these amount.

Please kindly note we cannot ship the item as ‘gift’ or ‘sample’ to declare a lower value.

Occasionally International shipment takes more time than usual due the possibility of customs control.

RETURN

Returning shipping costs are not included the price.

Customers should return the product to us using their local postal service or a courier. Please mark the package ‘RETURNED GOODS’, to avoid possible customs charges. We reserve the right to arrange the refund of payment deducting any incurred cost (ex. Duty fees) for receiving the goods.

Return Address:

Nemen / Finest Cloth Studio
via Ripamonti, 137
20141 Milano (Mi)
Italy

We will happily issue a refund assuming that the items are returned within 14 days of receipt of your order, unworn, complete with all original tags, and in original condition.

Make sure that your return is well packed. We cannot take responsibility for items damaged or lost in the return transit. Please make sure all return packages are sent with a trackable and insured service.

EXCHANGE

We can not accept product exchange requests from outside UE.

Exchange for size (if available in stock), color or style is included in the price exclusively for products delivered within UE.

[Is requested for exchange to select products with same or higher amount compared to your purchasing ]

The product had to be returned within 14 days of receipt of your order, unworn, complete with all original tags, and in original condition.

Shipping will be managed, booked and paid by NEMEN®, please contact our team sending an email to account@nemen.it (including order number) we will assist you sending all information required to arrange the shipping.

In case the style selected for exchange has a higher price compared to the purchased one we ask to pay the difference in advance before to ship the exchanged product. The price difference payment is requested to be settled via Paypal or Bank transfer. After selecting the product for exchange please contact our team sending an email to account@nemen.it to receive all informations required to arrange the payment for the price difference.

PRIVACY POLICY

The purpose of this document is to inform Users with regard to Personal Data collected from the website GDRP Privacy Policy (hereinafter, the Application).

The Data Controller, as identified below, may amend or simply update, wholly or in part, this privacy policy informing the Users about the changes. The amendments or updates shall be binding as soon as they are published on the Application. Therefore, the User is invited to read the Privacy Policy at every access to the Application.

If the User does not accept any amendments to the Privacy Policy, the User must terminate the use of the Application and he may ask to the Data Controller to remove his Personal Data.

  1. PERSONAL DATA COLLECTED BY THE APPLICATION
    The Data Controller shall collect the following categories of Personal Data:

    1. Voluntary contents and information provided by the User
      • Contact information, credentials, contents: for example biographical data, e-mail address or postal address or other contact details, password and security information used for authentication and access to the account, personal interests and preferences and any other personal contents, etc.
        Any failure of the User to provide Personal Data may prevent this Application to provide its services.
        The User takes any responsibility regarding Personal Data of third parties published or shared through this Application and the User ensures to be entitled to communicate or release them, holding the Data Controller harmless from any liability toward third parties.
        Whether the processing of Personal Data is based on the consent of the User, he can revoke it at any time.
    2. Data and contents automatically acquired while using the Application
      • Technical Data: the computer system and the software procedures functional to this Application may acquire, in the course of their ordinary activity, any Personal Data, whose communication is implicit in the use of internet communication protocols. Such information is not collected to be associated with identified third parties, however, due to the nature of these Data, the same Data may identify Users, in the Processing and through the association, with Data held by third parties. This category includes IP addresses or domain names used by Users who connect to the Application, addresses of Uniform Resource Identifier (URI) of the requested resources, time of the request, method used submitting the request to the server, size of the file obtained, etc.
      • Usage Data: Data may be collected relating to the use of the Application by the User, such as the pages visited, the actions performed, the features and services used by the User.
    3. Personal Data collected through cookies or similar technologies
      • This Application uses cookies, web beacons, unique identifiers and any other similar
        technologies to collect Data regarding pages, visited links and other actions, which
        you may perform while using our Services. They are stored for being communicated
        back to the same websites at the next visit of the User.
        The Data subject may read the complete Cookie Policy at the following address:
        www.nemen.it.
  2. PURPOSES OF THE PROCESSING
    Collected Data may be used for the following purposes:

    1. registration and authentication of the User
    2. support and contact with the User
    3. comment and feedback
    4. external handling of payment tools through credit card, bank transfer or any other tool. TheData used for payment are acquired directly by the requested payment service providerwithout being processed in any way by this Application. Payments are provided
    5. internal handling of payments through credit card, bank transfer or any other tool
    6. storage, hosting and management of backend infrastructure
    7. optimization and distribution of traffic
    8. handling of Users database
    9. technical monitoring of the infrastructure for maintenance, fixing and performanceimprovement
    10. profiling of features, behaviors, User choices to provide personalized services or promotions
    11. sending of e-mails or newsletter and handling of mailing list
    12. design and/or production of marketing campaigns
    13. communication and/or transfer to third parties for promotional and commercial purposes
    14. communications and/or transfer for third party market research and third-party surveys
    15. commercial affiliation
    16. registration and authentication of the User
  3. PERSONAL DATA PROCESSING METHODS
    The Processing of Personal Data is performed with IT and/or digital tools, with methods of organizations and with logics strictly related to the indicated purposes. In certain cases, subjects other than the Data Controller which are involved in the organization of the Application may access to Data in the assistance of the management of the Application and of the activity or in the assurance of the performance of services to the User.

    These subjects may be appointed, if necessary, as Data Processors by the Data Controller, may access to Personal Data of the Users whenever required and shall be contractually obliged to keep them confidential.

    The updated list of Data Processors may be requested via email at the email address account@nemen.it.

  4. LEGAL BASIS FOR THE PROCESSING
    The Data Controller processes Personal Data regarding the User whether one of the followingapplies:

    1. the User has given consent for one or more specific purposes;
    2. Processing is necessary for the performance of a contract with the User and/or for theperformance of pre-contractual measures;
    3. Processing is necessary to comply with a legal obligation to which the Data Controller issubject;
    4. Processing is necessary for the performance of a task carried out in the public interest or forthe exercise of public authority vested in the Data Controller;
    5. Processing is necessary for the purposes of the legitimate interest pursued by the DataController or by a third party.

    It is always possible to ask the Data Controller to clarify the concrete legal basis of each
    processing.

  5. PLACE
    Personal Data are processed in the operative offices of the Data Controller and in any other place in which the parties involved in the Data processing are located. For further information, you may contact the Data Controller at the following email address account@nemen.it.
    Personal Data may be transferred to Countries outside the EU: USA, SVIZZERA, GIAPPONE, SUD KOREA, AUSTRALIA, CANADA, FILIPPINE, CINA, INDIA, HONG HONG, NORVEGIA, MALAYSIA, ARABIA SAUDITA, MESSICO, ISLANDA.
    With respect to these Countries, an adequacy decision by the European Commission exists or, in the absence of such decision, it is possible to request further information to the Data Controller regarding any adopted appropriate safeguards as well as the means to obtain a copy of Data or the exact location where they have been stored.

  6. SECURITY OF PROCESSING
    The Data Processing is performed with adequate methods and tools to ensure the security and confidentiality of the relevant Data, since the Data Controller has implemented appropriate technical and organizational measures which ensure, in a provable way, that the performance of the Processing is compliant with the applicable law.
  7. PERIOD OF STORAGE OF DATA
    The Data Controller shall store Personal Data for the time necessary to perform the purposes connected with the performance of the agreement in force between the Data Controller and the User and, in any case, Data shall not be stored beyond the duration of years 3 after the termination of the agreement with the User.
    When the Processing of Personal Data is necessary for the purposes of the legitimate interests pursued by the Data Controller, Personal Data shall be stored until the performance of the relevant interest.
    When the Processing of Personal Data is based on consent of the User, the Data Controller may store Personal Data untile their withdrawal.
    Personal Data may be stored for a longer period of time in order to perform a legal obligation or an order of the public authority.
    All Personal Data shall be deleted at the end of the period of storage. At the expiration of such period, the rights of access, rectification, erasure and data portability of Data can not be exercised.

  8. AUTOMATED INDIVIDUAL DECISION-MAKING
    All collected Data shall not be subject to automated individual decision-making, including profiling, which may produce legal effects concerning the Data Subject or may significantly affect the Data Subject.
  9. RIGHTS OF THE USER
    The Users may exercise specific rights with respect to Personal Data processed by the Data Controller. In particular, the User has the right to:
    1. withdraw its consent at any time;
    2. object the Processing of its Data;
    3. access its Data;
    4. monitor and request the rectification of Data;
    5. obtain a restriction of Processing;
    6. obtain the erasure or remotion of its Personal Data;
    7. receive its Data or obtain the transfer to a different Data Controller;
    8. lodge a complaint before the supervisory authority for the protection of personal data or startlegal proceedings.

    In order to exercise their rights, the Users may send a request to the contact information of the Data Controller indicated in this document. These requests are free of charge and performed by the Data Controller in the shortest possible time, in any case no later than 30 days.

  10. DATA CONTROLLER
    The Data Controller is 12THMAN SRL A SOCIO UNICO, with registered office in Via SAN
    BARNABA, 32 – 20122 MILANO (I), Tax Code/VAT Code 03203751205, REA MI-2055952,
    e-mail account@nemen.it, certified e-mail 12thman@legalmail.it;

    Latest update: 16/07/2018

COOKIE POLICY

Our Cookie Policy intends to describe the types of cookies used by the Site www.nemen.it (hereinafter “Site“), the purpose of the installed cookies, and the ways in which the User can select or deselect the cookies of the Site and take advantage of the offered services.
We use cookies to make our Site easier and more intuitive. Cookie data are collected to make the Site browsing experience more enjoyable and more efficient in the future.

  1. WHAT ARE COOKIES
    Cookies are small text strings sent by the applications visited by the User to his terminal (usually the browser), where they are stored to be retransmitted to the same applications at the following visit of the same User.
    The word Cookie relates both to the same cookies as well as to all similar technologies.
    Cookies are used in order to faster access to online services and to improve the activity of browsing of the User through session tracking, storage of information, faster uploading of contents, etc.
  2. TYPES OF COOKIES
    Cookies are classified as follows:
    First-Party Cookies: proprietary cookies used by the Site in order to enable the User to browse more efficiently and/or monitor the actions he exercises;
    Third-Party Cookies: cookies that are set from a Site other than the one the User is currently visiting in order to allow him to browse more efficiently and/or to monitor the actions exercised by him.
    Furthermore, there are different types of cookies:

    • Technical and Analytics Cookies: cookies regarding activities strictly necessary for the operation and provision of the service (ex. session cookies to log in), cookies related to the activity of saving preferences and of optimization (ex. cookies to save the cart or language choices/currency, etc.), analytical cookies for the collection of information in an anonymous and aggregate form.

      Technical cookies include:

      • Session or Browsing Cookies: used to keep track of the activity of User in the internet. They guarantee normal browsing and use of the Site, allowing for example to rapidly browsing and make a purchase or to authenticate for accessing to restricted areas, and are actually necessary for its proper functioning;
      • Functional Cookies: allow the User to browse in accordance to a set of selected criteria (for example, language, products selected for the purchase, etc.) in order to improve the service offered to the User;
      • Analytics Cookies: used to collect information regarding the use of the Site. The Data Controller uses this information for statistical analysis and to improve the Site and to simplify its use, as well as to monitor its correct functioning. This type of cookie collects anonymous information regarding the activity of Users in the Site andregarding the modalities in which they reached the visited Site and the pages. Cookies in this category are sent from the site itself or from third-party domains. Analytical cookies may be:
      • First-Party Analytics Cookies: assimilated in terms of regulation to technical cookies whether used by the Data Controller of the Site without profiling the User, but exclusively to collect information, in an aggregate and anonymous form, regarding the number of Users and how they visit the Site for statistical purposes and to improve the performance of the site;
      • Third-Party Analytics Cookies: are made available by third parties and are assimilated to technical cookies if third parties do not make User profiling by using appropriate tools to reduce the identification potential of cookies (for example, by masking significant portions of the IP address) and without integrating gathered information with other information already made available.
        With regard to technical cookies, it is required to exclusively release the Cookie Policy without requesting the consent. Disabling or deleting the relevant cookies by accessing to the functions of the browser of the User, may compromise the optimal browsing on this Site.
    • Profiling Cookies: used to track User browsing on the internet and to create a profile of his habits:
      • First-Party Profiling Cookies: installed by the Data Controller to create User profiles in order to send advertising messages in line with the preferences displayed in the browsing in the internet. Given their particular invasiveness in the private sphere of Users, the applicable law requires that Users, prior adequate notice regarding the use of the relevant cookies, must give their consent;
      • Third-Party Profiling Cookies: used by third parties accessing to the information, therefore not in anonymous and aggregated modality, and crossed with other data already in their possession. The Site does not have direct control of third-parties cookies. The User is therefore encouraged to check the Cookie Policy on website of the third party.
        The use of these cookies requires the acquisition of prior consent of the User.
  3. COOKIES INSTALLED ON THE SITE
    The cookies on this Site are:
    • technical and analytics cookies necessary to operate the Site, for aggregated statistical analysis and to improve and simplify the use of the Site and to save preferences of browsing and to optimize the browsing experience of the User;
    • third party cookies which may also make activity of profiling and tracking of the User even without the acknowledgement of Data Controller. For further information, we recommend the User to carefully review the privacy policies of the individual services listed below.

    Please find below the list of third-party cookies used by this Site:

  4. COOKIES DURATION
    Cookies have a duration determined by the expiration date or a specific action such as closing the browser set up at the time of installation. Cookies may be:
    • Temporary or session: used to store temporary information, allowing the User to link actions that are executed during a specific session, and are removed from the computer when the browser is turned off;
    • Persistent cookies: used to store information, such as the login name and password of the User, in order to prevent the same User from typing them again each time he visits a specific website. These remain stored on the computer even once closed the browser.
  5. EXPRESSION OF CONSENT
    With respect to cookies that require consent, at the first visit of the Site, the User automatically displays a banner containing both the link to this complete Cookie Policy and the request for consent to the use of cookies.
    Consent can be provided by the User by clicking the OK button on the banner and/or by scrolling on the page and/or accessing to any other sections of the Site by clicking on the links on the web page below the banner itself. At any time, it is possible for the User to modify or revoke his consent.
  6. HOW TO DISABLE COOKIES
    The User can manage preferences relating to cookies directly in his browser and prevent third parties from installing cookies. Further, it is also possible to delete cookies that have been installed in the past, including the cookie in which the expression of consent to the installation of cookies has been saved by this Site. By disabling all cookies, the operation of this Site may be compromised.
    The User can find information and exercise his right to object the tracking of cookies in his browser at the following addresses:

    In addition, cookies can be disabled by requesting opt-outs directly to third parties or via the website http://www.youronlinechoices.com/it where the User can manage the tracking preferences of most of the advertising tools.
    In order to modify the settings related to Flash cookies, it is possible to click on the following link: https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

  7. RIGHTS OF THE USER
    The Users may exercise specific rights with respect to Personal Data processed by the Data Controller. In particular, the User has the right to:

    • withdraw its consent at any time;
    • object the Processing of its Data;
    • access its Data;
    • monitor and request the rectification of Data;
    • obtain a restriction of Processing;
    • obtain the erasure or remotion of its Personal Data;
    • receive its Data or obtain the transfer to a different Data Controller;
    • lodge a complaint before the supervisory authority for the protection of personal data or start legal proceedings.

    In order to exercise their rights, the Users may send a request to the contact information of the Data Controller indicated in this document. These requests are free of charge and performed by the Data Controller in the shortest possible time, in any case no later than 30 days.

    In order to exercise these rights, please contact the Data Controller 12THMAN SRL A SOCIO UNICO, VIA SAN BARNABA, 32 – 20122 MILANO, account@nemen.it Further information about data processing can be found at the following link www.nemen.it.

    Latest update 23/07/2018

GENERAL SALES CONDITIONS

Here below are described the terms and conditions at which 12THMAN SRL A SOCIO UNICO offers to its Users the access to its available services on the website and on the Application www.nemen.it.

  1. DEFINITIONS
    To allow a full understanding and acceptance of these terms and conditions, the following terms shall have the meanings as indicated below and it should be stated that the same meaning refers both to singular and plural uses:
    • Holder: 12THMAN SRL A SOCIO UNICO, with registered office in Via San Barnaba 32, 20122 MILANO , VAT No. 03203751205, REA MI-2055952, share capital 10.000,00, e-mail address account@nemen.it, PEC address 12thman@legalmail.it;
    • Application: the website and the application www.nemen.it, managed by the Holder, who offers the e-commerce platform to purchase clothing and accessories;
    • Products: the products and/or the services offered through the Application;
    • User: the person accessing the Application, regardless of the legal nature and objective pursued, interested in the Products offered through the Application;
    • Consumer: any natural person who acts for purposes other than the entrepreneurial, business, handicrafts or professional activity performed;
    • Conditions: the present agreement which regulates the relationship between the Holder and the Users and the selling of the Products displayed in the Application.
  2. NEGOTIATION, SIGNING AND APPLICABILITY OF THE CONDITIONS
    The Products’ purchase contract is concluded by correctly filling out and by submitting the order form. The form shows the data relative to the ordering party and the order, the price of the Products purchased, the shipping expenses and any other accessory charges, the manner and terms of payment, the address where the Products will be delivered, the delivery term and indicating the Purchaser’s right of withdrawal and the consent for the processing of personal data.
    When the Holder receives an order from the User, the Holder shall send a confirmation e-mail or shall forward the User to a web page that specifies the order, which can be printed, also showing the data indicated in the paragraph above.
    The Conditions shall not binding upon the parties in case of failure to fulfil the aforesaid obligations.
    The Holder shall modify or update, in whole or in part, these Conditions. The User acknowledges that any changes to these Conditions shall apply to the orders sent by the Users after the date of notice of the changes to the Conditions. Thus, the User is invited to examine the Conditions upon every access to the Application and it is advisable to print a copy of the Conditions for future reference.
  3. REGISTRATION
    In order to use some Application features, Users shall register by providing, in a truthful and exhaustive manner, all the information requested in the relevant registration form and
    accept, in their entirety, both the privacy policy ( www.nemen.it) and these Terms. The User is responsible of keeping login credentials secure.
    It shall be understood that under no circumstances the Holder may be responsible for any loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of Users credentials.
  4. ACCOUNT CANCELLATION AND CLOSING
    Registered Users can, at any time, stop using the Products and can disable their account or request its cancellation through the Application interface, if possible, or by contacting the Holder at the email address account@nemen.it.
  5. PURCHASES ON THE APPLICATION
    Purchases of one or more Products on the Application are permitted both to Users who qualify as Consumers, as well as to Users who do not qualify.
    According to Article 3, paragraph I, sub-paragraph a) of Legislative Decree 206/2005 (the "Consumer Code"), Consumers are defined as natural persons who, in the purchase of the Products, act for purposes not related to their entrepreneurial, trading, professional or artisanal activities.
    Natural persons may only purchase the Products if they have reached the age of eighteen.
    The Holder undertakes to describe and to present the Products sold on the Application to the best of his abilities. Nonetheless, some mistakes, inaccuracies or minor differences between the Application and the actual Product may occur.
    In addition, any picture of the Products which may be found on the Application does not constitute a contractual element, but merely provides a visual representation of the Product.
    The User expressly confers to the Holder the right to accept, wholly or in part, the order (for example if not all of the ordered Products are available). In this case, the contract will only be completed with regard to the Products which are actually sold.
    The Holder has the right to refuse an order:

    • when the Product is not available;
    • when it is denied the authorization to charge the User with the cost of the Product;
    • when, at the time of purchase, the price displayed is obviously incorrect and is recognisable as such. In such case, the User will be contacted by the Customer Service to be informed of the situation and will be refunded the amount charged.
  6. PRICES AND PAYMENTS
    The Holder retains the right to change, at any time, the price of the Products and any related shipping charges. It shall be understood that any changes will not apply to contracts already concluded before such modifications.
    The selling prices of the Products include VAT, if due; any other tax and/or shipping cost borne by the User will be displayed prior to order confirmation.
    All prices include 22% Italian sales tax (Automatically deducted from orders placed out of Europe).
    The User undertakes to pay the price of the purchased Products in the times and methods indicated in the Application.
    Any refund to the User will be promptly credited through one of the payment methods proposed by the Holder and chosen by the User and, in case of exercise of the right of withdrawal, at the latest within 30 days from the date on which the Holder received notice of the withdrawal.
    The Application makes use of payment services provided by third-parties and it does not receive nor process any payment details provided by Users (credit card number, name of holder, pin, etc.).
    In the event that the above third-party payment services refuse to authorize a payment, the Holder will not be able to provide the Products and may not be held responsible for any delay or failure in their delivery.
  7. BILLING
    Users who may wish to receive the invoice will be required to provide their billing information. The invoice will be issued according to the information provided by the User, which the latter declares and ensures to be truthful, thus conferring the Holder with the widest indemnity on the matter.
  8. DELIVERY OF MATERIAL PRODUCTS
    A material Product is any good or digital good provided on a tangible medium offered through the Application.
    The Products ordered will be delivered to the User, at the address indicated by these indicated, in the manner chosen by the User or indicated in the Application at the time of purchase. Delivery will occur according to the timings specified in the order confirmation.
    Upon receipt, the User must check the conformity of the delivered Products with the order; the User must proceed with the signing of the delivery documents only after this verification, without prejudice to the right of withdrawal.
    If an order exceeds the quantity existing in the warehouse, the Holder, through e-mail, will notify the User if the Product are no longer booked or what are the waiting times to obtain it, asking if it intends to confirm the order or less.
    The Holder assumes no responsibility for any delay or failure to deliver the Products due to force majeure events, such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and any other event that may prevent, in whole or in part, the performance of the contract within due time.
    The Holder shall not be liable towards any party or third parties for damages, losses and costs incurred as a result of a failure to perform the contract for the reasons mentioned above, being the User only entitled to a refund of any price paid.
  9. RIGHT OF WITHDRAWAL CONCERNING MATERIAL PRODUCTS
    The User who holds the status of consumer who, for whatever reason, is not satisfied with the purchase of the material Products, has the right to withdraw from the contract without any penalty and obligation to provide a reason, within a period of 14 days from the day of delivery.
    In order to withdraw from the contract, the User shall contact the Holder at the email address account@nemen.it. The User will receive instruction on how to return the Product. The sending of the notice may validly be replaced by returning the product was purchased,
    provided the same terms. The delivery date to the post office or to the forwarder will be valid between the parties.
    In case of withdrawal, the Holder will reimburse the payments received by the User, as well as the delivery costs without undue delay and no later than 30 days from the withdrawal notice by the User.
    The Holder shall refund the User through the same payment method used by the latter for the online purchase.
    The User shall return the Products through a shipping carrier of its own choice and at its own expense, without undue delay and no later than 14 days from the withdrawal notice sent to the Holder.
    The User is responsible for the integrity of the Product as long as the good is in his possession and shall take all the appropriate measures to preserve the product and do as much as possible to ensure that the product is returned at its best possible conditions, including the undamaged original packaging, instruction manuals, accessories and any separate item and other component. The Product must not have been handled in ways which are not strictly necessary to establish the nature, characteristics and functioning of the Product.
    The Holder will not take into consideration requests for Product return in case the Product returned is malfunctioning due to misuse, negligence, damage or physical alterations, either aesthetic or superficial, tampering or improper maintenance or wear and tear.
  10. OPTIONAL FORM FOR ENFORCING THE RIGHT OF WITHDRAWAL
    Optionally, the User may withdraw from the Contract by completing the following form, that must be sent at the email address account@nemen.it before the expiration of the withdrawal period:
    I hereby communicate the withdrawal from the purchase contract of the following goods/services _____________
    Order number:_____________
    Order date: _____________
    Name and surname: _____________
    Address: _____________
    E-mail address associated with the account from which the order was made: _____________
    Date: _____________
  11. GUARANTEE OF CONFORMITY
    All products that fall within the category of "consumer goods" ("beni di consumo"), as governed by Article 128, paragraph 2 of the Consumer Code, sold through the Application are covered by the legal guarantee of conformity provided for in Articles 128-135 of the Consumer Code.
    The legal guarantee of conformity is limited to consumers. Therefore, it applies only to Users who have purchased on the Application for purposes unrelated to their possible entrepreneurial, commercial, crafts or professional activity .
    To those who purchased on the Application and who are not consumers, the following warranties shall apply: the warranties for defects of the Product sold, the warranty for defects concerning the qualities promised and essential, and the other guarantees provided
    by the "Codice Civile" ("Civil Code"), as well as the relative terms, disqualifications and restrictions (Article 1490 et seq. Codice Civile).
    The lack of conformity noticed within 24 months from the date of purchase of the Product must be reported within 2 months after the date of discovery of the defect.
    Unless proven otherwise, it is assumed that any defect noticed within six months of the delivery of the Product already existed on the date of delivery, unless this assumption is incompatible with the nature of the product or the nature of the defect. After the six months period, the user shall prove that the damage has not been caused by an erroneous use or misuse of the Product.
    In accordance to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to have the Product restored to conformity, without any charge. For such purpose, the User can normally choose between the repair of the Product or its replacement. Such right of choice cannot be exercised in case the requested remedy is materially impossible or excessively onerous. In addition, the User has the right to a reasonable price reduction, or termination of the contract, provided that one of the following occurs: i) the repair and replacement are impossible or excessively expensive; ii) the Holder has failed to repair or replace the Product within a reasonable period of time; iii) the replacement or repair have caused significant inconveniences to the consumer.
    Whenever the User intends to make use of the remedies provided by the legal guarantee provided with the Products, the User shall contact the Holder at the email address account@nemen.it. The Holder shall promptly reply to the communication of the alleged lack of conformity and shall indicate to the User the specific procedure to be followed, taking into account the category of goods relating to the Product, and / or the alleged defect.
  12. USER GENERATED CONTENT
    The User may upload contents, informations, ads or listings on the Application (hereinafter the "Contents" or individually the "Content"), , provided that the Content is not illegal (that is: obscene, threatening, defamatory, pornographic, abusive, or in any way illegal, or violates the privacy, intellectual property and / or industrial rights of the Holder and / or of third parties) or does not otherwise harm the Holder and / or third parties, or is not regrettable or at least does not contain viruses, political campaigning, commercial solicitation, mass e-mails or any other form of spamming.
    The User is totally and exclusively responsible for the use of the Application (to be understood with regard to the functions of publication, consultation, content management and contact between Users) and is therefore the only guarantor and manager of the assets and services offered as well as the correctness, completeness and legality of the Contents and of their behavior in the context of the contact between Users.
    In case of publication of ads, the User guarantees the availability and / or ownership of the good / service object of the ads themselves. The User also guarantees that their advertisements do not infringe any copyright or industrial property rights or other third-party rights. In the event of a dispute by third parties regarding any ad or conduct related to it, the User assumes full responsibility and undertakes to keep the Holder harmless and harmless from any damage, loss or expense.
    The Holder, though not able to ensure tight control of the Contents received, reserves the right to delete, move, and edit those Contents that, upon its discretion, appear abusive, defamatory, obscene or in breach of copyright and trademarks, and in any case unacceptable for the Holder. The use of violent language will lead to immediate suspension and expulsion from the Application.
    It is forbidden to use an email address that is not in the User’s ownership, use the personal data and credentials of other Users in order to take possession of the latter’s identity, or otherwise misrepresent the origin of the Contents.
    Users acknowledge and accept that any Content uploaded to interact with the Application (for instance, in order to post comments, express opinions, participate in surveys and initiatives, send pictures or videos or audio files) can be amended, removed, published by the Holder. The User grants the Holder with an unlimited right, free from geographical restrictions, of non-exclusive use on the Content. The Holder may, therefore, directly or through third parties of its choice, use, copy, transmit, extract, publish, distribute, publicly perform, distribute, create derivative works of, host, index, store, record, encode, modify and adapt (including the unlimited right to adapt for the transmission by any means of communication) in any form or by any means now known or to be invented in the future, every Content (including images, messages, also video and audio messages) uploaded by the User, even through third parties.
    It is strictly forbidden, unless expressly authorized by the Holder:

    • the use of automatic banner upload systems, unless those expressly authorized;
    • the serial publishing and/or the management of banners on behalf of third parties with every means or methods;
    • resell the services of the Holder to third parties.

    With regard to the Content, the User waives any economic or moral copyright also with respect to the changes made by the Holder to such Content, even in case such changes are not appreciated or accepted by the same author.
    The Content uploaded will not be returned and will remain property of the Holder who is therefore exempted from any responsibility to the Users for the loss or destruction of such Content.
    The User ensures that the Contents are sent to the website through his personal account and exclusively by adults. For minors, the Content must be screened and approved by those exercising parental authority.

  13. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
    The Holder declares to be the holder and / or licensee of all intellectual property rights related and / or referring to the Application and / or the materials and Contents available on the Application.
    These Terms do not grant the User any license to use the Application and / or the individual Contents and / or the materials available therein. Any other use or reproduction of the Application or material or content included therein is strictly prohibited.
    All trademarks, names and figurative or other signs, trade names, service marks, word marks, trade names, pictures, images, and logos appearing on the Application are and remain the
    exclusive property of the Holder, or its licensors, and are protected by applicable trademark laws and relevant international treaties.
    Any attempt to reproduce the explanatory texts and contents included in the Application, if not authorised, will be considered as a violation of the industrial and intellectual property right of the Holder.
  14. EXCLUSION OF WARRANTY
    The Application is provided "as is" and "as available" and the Holder does not provide any express or implied warranty in relation to the Application, nor provides any guarantee that the Application will meet the needs of Users, or that it will work without interruption, free of any error or virus or bug.
    The Holder will work to ensure that the Application will be available 24 hours a day without interruptions, but may never be held liable if, for any reason, the Application may not be available and / or not operative at any moment or period in time. Access to the Application may be temporarily suspended and without notice in case of a system failure, maintenance or repair works or for reasons totally beyond the Holder’s control or due to causes of force majeure.
  15. LIMITATION OF LIABILITY
    The Holder shall not be responsible towards the User, excepting fraud or gross fault, for disservices or malfunctioning in relation to the internet network, which are not under its control or the control of its sub-suppliers.
    The Holder shall not be responsible for damages, losses or costs suffered by the User after the failed execution of the contract for reasons not attributable to the Holder. The User shall only have the right to the reimbursement of the price and accessory charges already paid.
    The Holder shall not be responsible for the fraudulent or illicit use by third parties of credit cards, checks and other payment methods, at the moment of the payment of the purchased services, whether the Holder proves the adoption of cautionary measures on the basis of the knowledge and experience available at the time and on the basis of ordinary diligence.
    The User agrees to indemnify and hold harmless the Holder (as well as any company or subsidiary, including its representatives, associates, consultants, directors, agents, licensees, partners and employees) from any obligation or responsibility, including any legal expenses incurred for trial defence, that may arise from damage caused to other Users or third parties, concerning any Content uploaded online, any violation of the law or any terms of the present Terms.
    Therefore, the Holder shall not be liable for:

    • any losses that are not direct consequence of a breach of the contract by the Holder;
    • any loss of business opportunity and any other loss, either direct or indirect, which may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of business contracts or relationships, loss of reputation or goodwill, etc.);
    • incorrect or unsuitable use of the Application by Users or third parties;
    • the issuing of false tax documents due to mistaken details provided by the User, the latter having exclusive responsibility for the correct entry of such details.

    Under no circumstances the Holder will be liable for an amount exceeding twice the cost paid by the User.

  16. FORCE MAJEURE
    The Holder shall not be held responsible in case of failure or delayed execution of duties, caused by circumstances which are not under the reasonable control of the Holder due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, events beyond the control, e.g. breakdowns or interruptions to telephone or electrical lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications. The fulfilment of the duties by the Holder shall be suspended for during the aforesaid events.
    The Holder shall implement any action within its power to identify the solutions that would allow the fulfilment of its duties regardless of the continuation of the force majeure events.
  17. LINK TO THIRD PARTY WEBSITES
    The Application may contain links to third party websites. The Holder has no power over these websites and therefore is not, in any way, responsible for their contents.
    Some of these links may relate to websites of third parties that provide services through the Application. In these cases, the individual services will be regulated by the general terms for the use of the website and services provided by such third parties, in respect of which the Holder assumes no responsibility.
  18. WAIVER
    No waiver by either parties to an article of the present Terms shall be effective unless it is expressly stated to constitute a waiver and is communicated in writing.
  19. SEVERABILITY
    If any of the provisions contained herein shall result unlawful or invalid, it will not be considered any more as part of the Terms, without affecting the enforceability of the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
  20. PRIVACY
    The protection and processing of personal data will be pursued in accordance with the Privacy Policy, which can be found on the following page www.nemen.it/terms/privacy-policy
  21. GOVERNING LAW AND PLACE OF JURISDICTION
    These Terms and any dispute concerning the interpretation, performance, validity of this contract shall be submitted to the exclusive jurisdiction of the Court where the Holder has its registered office.
    If the User is a consumer as defined under Article 3 of the Consumer Code, the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, has mandatory territorial jurisdiction, with no prejudice to the consumer User’s entitlement to bring proceedings in courts other than the "place of jurisdiction of the consumer" pursuant to Article 63 of the Consumer Code, in charge for the area according to one of the criteria set out in Articles 18, 19 and 20 of the "Codice Processuale Civile" ("Civil Procedure Code").
  22. ONLINE DISPUTE RESOLUTION FOR CONSUMERS
    Any Consumer who resides in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by Consumers to solve, via a non-judicial route, any dispute relating to and / or arising from contracts of sale of goods and services entered into online. As a result, Consumers may use the aforementioned platform for the resolution of any dispute arising from the online contract entered into with the Holder. The platform is available at the following link: http://ec.europa.eu/consumers/odr/

Date 16/07/2018