Terms Of Service

ARTICLE 1 - GENERAL PROVISIONS

These General Terms and Conditions of Sale (GTC) exclusively apply to the online sale of products on the Website. They are accessible and can be consulted on the Site. By checking a box or clicking a button, the customer acknowledges and accepts the GTC before placing an order.

ARTICLE 2 - PRODUCT DESCRIPTION

The Site sells swimwear, clothing and accessories, with each product accompanied by a description detailing its essential characteristics. The products comply with Italian law. The Customer is responsible for their own internet access and equipment.

ARTICLE 3 - CUSTOMER AREA CREATION

To place an order, the Customer must create a personal customer area. Access requires a confidential identifier and password. The Customer must keep this information confidential and report any loss or fraudulent use. After registration, the Customer receives a confirmation email. The Customer agrees to provide accurate information and not to distribute illegal or harmful content, as failure to comply may result in suspension or termination of access.

ARTICLE 4 - ORDERS

The Operator strives to ensure optimal product availability, but offers are subject to stock availability. If a product becomes unavailable after the customer's order, the Operator will promptly notify the customer via email. The customer will have the option to choose between receiving an equivalent product or receiving a refund within 30 days. The Operator is not liable for any cancellation indemnity unless the non-performance is their fault.

Except for the right of withdrawal, customer orders are considered final. Customers must carefully select and review their chosen products, quantities, and total price before confirming the order. Customers are required to read and accept the General Terms and Conditions of Sale, as well as any delivery and withdrawal charges, prior to payment. Confirmation of the order constitutes acceptance of the GTC and forms the contract.

Order details and confirmation will be sent via email, and customers are advised to keep a copy for their records. A digital invoice is available in the customer's account. All order-related emails will be sent to the customer's registered email address.

The Operator reserves the right to refuse or not validate an order for legitimate reasons, such as non-compliance with the GTC, outstanding amounts, ongoing disputes, or failure to respond to order confirmation requests. Any modifications to the order after confirmation require Operator approval.

The accuracy of customer-provided information (e.g., name, delivery address) is essential, and the Operator is not responsible for delivery delays or failures caused by customer errors.

Customers affirm their legal capacity to enter into the agreement and registration is open to adults and supervised minors. Third-party registration is only allowed with proper authorization. Breach of the provisions may result in termination of the customer's account without notice.

ARTICLE 5 - PAYMENT METHODS AND SECURITY

The Customer acknowledges that placing an order on the Site requires payment of the specified price for the Product ordered.

The Operator reserves the right to verify the validity of the payment before proceeding with the order. The Customer's order is considered effective only when the secure banking payment center approves the transaction.

Accepted payment methods include credit cards and bank cards (Visa®, MasterCard®) through the secure Stripe platform.

Your account will be charged when the order is shipped.

As part of the verification process, the Operator may request additional documents from the Customer to finalize the order, which will be used solely for that purpose.

ARTICLE 6 - PAYMENT OF THE PRICE

The price of the Products, stated in euros and inclusive of all taxes (VAT), does not include delivery and transportation costs. During promotional periods, the Operator will apply the promotional price to all orders placed within the specified timeframe.

Nayades the label will not refund the VAT applied to purchases made on the Site, even if the Products are subsequently shipped to a country outside the European Union.

The price must be paid in euros (€) in full upon order confirmation. The offered prices include any applicable discounts and rebates granted by the Operator.

If shipping or delivery charges are applicable, they will be added to the price of the Products and displayed separately before the Customer confirms the order. The total amount due and its breakdown will be indicated on the order confirmation page.

ARTICLE 7 - CONTRACT FORMATION

The contract between the Operator and the Customer is formed when the Customer sends the order confirmation.

The Customer should pay particular attention to the order acceptance process on the Site. By "double-clicking," the Customer confirms the order after reviewing and potentially correcting the contents of the basket (identification, quantity, price, delivery terms, and costs). The Customer acknowledges acceptance of the General Terms and Conditions by clicking the "I validate my delivery" button, provides bank details, and finalizes the order by clicking the "Pay" button. The "double-click" acts as an electronic signature, equivalent to a handwritten signature, and represents the Customer's irrevocable and unconditional acceptance of the order.

The Operator securely archives communications, order forms, and invoices to create accurate and durable copies. These documents can serve as proof of the contract. Unless proven otherwise, the data recorded by the Operator via the Internet or telephone constitutes evidence of all transactions between the Operator and its Customers.

The Operator retains full ownership of the Products ordered on the Site until the full price, including any shipping costs, is paid.

ARTICLE 8 - SHIPMENT AND DELIVERY

The online sales offers on the site are available to consumers residing in Italy and abroad.

Delivery refers to the transfer of physical possession or control of the Product to the Customer.

Deliveries will be carried out by Chrono international , UPS or DHL Express, and the shipping costs will be specified during the order finalization process and accepted upon order validation.

The Operator commits to delivering the Products within a maximum of thirty (30) days after receiving the order, as indicated on the Site for each Product.

Delivery times, stated in working days on the Site, include order preparation, shipment, and carrier transit time.

The Operator will dispatch the Products according to the announced deadlines, provided that the order payment has not been declined. If any Product cannot be delivered within the initially stated time, the Operator will notify the Customer by email, indicating the new delivery date.

The Products will be delivered to the address provided by the Customer during the ordering process. It is the Customer's responsibility to ensure the accuracy of the address. The Operator cannot be held liable for delayed or failed delivery due to an erroneous address provided by the Customer.

Upon delivery, the Customer may be required to sign a receipt.

Deliveries cannot be made to P.O. Box addresses.

Upon delivery, it is the Customer's responsibility to verify that the Products are in conformity with the order and that the package is sealed and undamaged. If any issues are found, the Customer must promptly notify the Operator via email at contact@nayadesthelabel.com within 48 hours.

Deliveries outside of Italy will be made by DHL Express and may be subject to taxes and customs fees, which will be the sole responsibility of the Buyer. The exact amount of customs duties should be obtained by the Buyer in advance.

ARTICLE 9 - RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Customer, the Customer can return it to the Operator within fourteen (14) days from the date of order receipt.

To exercise the right of withdrawal, the Customer should send an email to contact@nayadesthelabel.com stating the reasons for the return.

The Operator will acknowledge receipt of the Customer's withdrawal request via email and provide shipping label, as well as instructions on how and where to send your package.

Items sent back to us without first requesting a return will not be accepted.

Return costs, whether in Italy or abroad, are the sole responsibility of the Customer.

The returned Product must be in its original packaging (pouch), in perfect condition, suitable for resale, unused, with tags and with all accessories.

Customers are responsible for taking care of the Products in their possession. Nayades the label reserves the right to refuse any return if the Customer fails to fulfill the obligation of care, such as returning damaged or used Products (e.g., removed refund label or single-use seal, missing women's swimwear sanitary strips, presence of dirt or odor). In such cases, the returned Products will be returned to the Customer, and no refund of the price or delivery charges will be issued.

The return package must include the returned Product, a letter with the Customer's complete contact information (last name, first name, address), order number, and the original purchase invoice.

Please note that if your country of residence is not Italy, shipping your goods may take longer than expected.

The Operator will reimburse the Customer for the Product amount within fourteen (14) days after receiving the Product and all the necessary information for the refund. The refund will be processed using the same payment method used by the Customer.

By accepting these General Terms and Conditions of Sale, the Customer acknowledges being informed about the withdrawal terms.

ARTICLE 10 - CUSTOMER SERVICE

The Customer can contact the Operator by email at contact@nayadesthelabel.com providing their name, telephone number, the subject of their inquiry, and the order number, if applicable.

ARTICLE 11 - INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

The Operator is the exclusive owner of all elements present on the Site, including but not limited to text, files, images (animated or not), photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, site structure, and other intellectual property elements.

Therefore, none of the Site's elements may be modified, reproduced, copied, sold, transmitted, published, distributed, displayed, stored, used, rented, or exploited in any way, whether free of charge or not, without the prior written authorization of the Operator. Any unauthorized use or exploitation is the sole responsibility of the Customer or third party.

The Operator reserves the right to take legal action against anyone who violates the restrictions stated in this article.

ARTICLE 12 - LIABILITY AND WARRANTY

The Operator is not liable for any non-performance of the contract caused by the Customer, events qualified as force majeure by competent courts, or unforeseeable and insurmountable actions of third parties.

The Customer acknowledges that the Internet has limitations and cannot guarantee the security, availability, and integrity of data transmissions. The Operator does not guarantee uninterrupted or error-free operation of the Site and its services. Temporary interruptions may occur for maintenance, updates, technical improvements, or content and presentation changes.

The Operator is not responsible for any misuse of the Site and its services by Customers in violation of the General Conditions, or for any direct or indirect damage caused by such use to Customers or third parties. The Operator is not liable for false statements made by Customers or their behavior towards third parties. If the Operator is held responsible for a Customer's behavior, the Customer agrees to indemnify the Operator against any judgment rendered against them and reimburse the Operator for all expenses, including legal fees, incurred in their defense.

All products sold on this website are covered by the legal warranty of conformity as provided by Italian law. b. The warranty period is two years from the date of delivery. c. In case of non-conformity, customers have the right to choose between repair, replacement, or refund of the product, unless disproportionate costs are involved. d. Customers must notify us of any non-conformity within two months of discovery.

Products are also covered by the hidden defects warranty as provided by Italian law. b. The warranty period for hidden defects is two years from the date of discovery. c. In case of hidden defects that make the product unfit for its intended use or significantly reduce its value, customers have the right to request repair, replacement, or refund. d. Customers must notify us of any hidden defects within two months of discovery.

Customer's Obligations: a. Customers are responsible for inspecting the delivered products upon receipt and promptly notifying us of any visible defects or damages. b. In case of warranty claims, customers must provide relevant information, evidence, and cooperate with us to resolve the issue.

Exclusions and Limitations: a. The warranty does not cover defects caused by customer misuse, improper handling, or normal wear and tear. b. The warranty does not apply to defects resulting from force majeure events. c. Any limitations or exclusions allowed by Italian law will be applied as applicable.

ARTICLE 13 - PERSONAL DATA

For detailed information about how the Operator handles personal data, please carefully review the Privacy Policy ("Policy"). You can access this Policy on the Site at any time.

ARTICLE 14 - HYPERTEXT LINKS

The Site may contain hypertext links to third-party websites that are not published by the Operator. These links are provided solely for the convenience of the Customer to facilitate the use of resources available on the Internet. If the Customer chooses to use these links, they will be leaving the Site and agree to use the third-party sites at their own risk and in accordance with their respective terms and conditions.

The Customer acknowledges that the Operator has no control over the terms of use or content of these third-party sites, nor does the Operator contribute to their development.

Therefore, the Operator cannot be held responsible in any way for these hypertext links.

Additionally, the Customer acknowledges that the Operator does not endorse, guarantee, or assume any responsibility for the terms of use or content of these third-party sites.

The Site may also include promotional hypertext links and/or advertising banners that redirect to third-party sites not published by the Operator.

The Operator encourages the Customer to report any hypertext link on the Site that leads to a third-party site with content that violates laws and/or good morals.

The Customer may not use and/or insert a hyperlink to the Site without obtaining the Operator's prior written consent on a case-by-case basis.

ARTICLE 15 - REFERENCES

The Customer grants the Operator permission to mention the Customer's name and logo as a reference in its communication materials (brochures, website, commercial proposals, press releases, press kits, internal communications, etc.).

ARTICLE 16 - GENERAL PROVISIONS

ENTIRE AGREEMENT

These General Conditions constitute the basis of the commercial negotiations and a contract governing the relationship between the Client and the Operator. They encompass all the rights and obligations of both parties regarding their subject matter. If any provision of these General Conditions is declared null and void according to a law, regulation, or final decision of a competent court, the other provisions shall remain valid and enforceable. Furthermore, the fact that one party does not take advantage of a breach by the other party of any provision in these General Conditions shall not be interpreted as a waiver to enforce such breach in the future.

CHANGES TO CONDITIONS

The Operator reserves the right to modify the content of the Site or the services available on it, temporarily or permanently cease operations of all or part of the Site, at any time and without notice.

Moreover, the Operator reserves the right to change the location of the Site on the Internet and modify these General Conditions, at any time and without notice. Therefore, the Customer should review these General Conditions before using the Site.

The Customer acknowledges that the Operator shall not be liable to the Customer or any third party for any such modifications, suspensions, or terminations.

The Operator advises the Customer to save and/or print these General Conditions for safekeeping, ensuring they can be referred to during the contract's execution if necessary.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Italy.

ACCEPTANCE OF THE TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges that they have read the General Conditions carefully.

By registering on the Site, the Customer confirms that they have read and accepted the General Conditions, thereby entering into a contractual agreement based on these terms.

The applicable General Conditions for the Customer are those in effect at the time of placing the order. A copy of the General Conditions, dated on that day, can be provided to the Customer upon request. It should be noted that any modifications to the General Conditions made by the Operator will not apply to previous orders unless explicitly agreed upon by the Customer who placed the original order.