CONDITION OF SALE
This website is managed by LE NOIR s.r.l. Via Cavour 4, 31015 Conegliano (Treviso).
The access to and use of "www.lenoirshop.com", including display of web pages, communication with the Website Manager, download of product information and the purchase of the same from the website, shall be carried out for personal purposes only, unrelated to any commercial, entrepreneurial and professional activity. You are personally responsible for the use of "www.lenoirshop.com" and of its content. The Website Manager shall not be liable for any use non-compliant with current laws and regulations, website provisions and content, except for liability for wilful misconduct and gross negligence. In particular, you shall be solely responsible for communicating incorrect or false information and data, or third-party data without their consent or when used inappropriately.
Please note that you download and obtain material in any way from this service at your own risk; you shall be responsible for any computer damage or loss of data resulting from this operation, and the Website Manager shall not be held responsible. The Website Manager shall not be held responsible for any damage resulting from unavailability of web services or any damage caused by viruses, damaged files, errors, omissions, interruption of services, deleted contents, network, provider or phone and/or IT connection issues, unauthorized access, data changes, and non-operation of your electronic devices.
You are responsible for safekeeping and correctly using your personal information, including service access data, as well as any detrimental consequence or injury which may arise, out of the Website Manager or third, as a result of incorrect use, loss or subtraction of these data.
The content of "www.lenoirshop.com" , such as artwork, images, pictures, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on "www.lenoirshop.com" , including menus, web pages, graphic elements, colours, patterns, tools, website fonts and design, diagrams, layouts, methods, processes, functions, and software which are part of "www.lenoirshop.com" , are protected by copyright and other intellectual property rights of the Website Manager and other right holders. Reproduction of "www.lenoirshop.com" and its contents, in whole or in part, is prohibited, except where authorized in writing by the Website Manager. The Website Manager has the exclusive right to authorize or prohibit direct, indirect, temporary or permanent reproduction of "www.lenoirshop.com" and of its contents, in whole or in part.
Concerning the use of "www.lenoirshop.com", you may only view the website and its contents and carry out temporary reproduction operations, without economic significance, that are considered transitory or accessory, or an integral part of viewing "www.lenoirshop.com" and its content and all other browsing operations on the website that may only be carried out for a legitimate use of the afore-mentioned website and its contents.
2. You are not authorized to make any reproduction in any medium of "www.lenoirshop.com" and its contents in whole or in part. Any reproduction must be authorized by the web manager or, if necessary, by the authors of the work contained in the website from time to time. Such reproductions shall be carried out for lawful purposes and in compliance with copyright and other intellectual property rights of the Website Manager and the authors of the work contained in the website. The authors of individual works published on "www.lenoirshop.com" have, at any time, the right to claim authorship of their works and to object to any distortion, mutilation or other modification of their work, including any damaging action to the works prejudicial to their honour and reputation.
You agree to respect the copyright of the artists who have chosen to publish their works on "www.lenoirshop.com" or have worked with "www.lenoirshop.com" to create new forms of expression and art intended for publication, but not limited to the website, or, again, which form an integral part thereof.
3. Furthermore, you are not entitled, under any circumstances, to use, in any manner or form, the contents of the website and every single work protected by copyright and other intellectual property rights.
Trademarks and Domain Names
1. All the trademarks of the products sold on "www.lenoirshop.com" and present on the website are registered trademarks of their respective owners and are used within "www.lenoirshop.com" for the sole purpose of distinguishing, describing and advertising the products on sale.
2. The Website Manager and all the other owners of trademarks are entitled to the exclusive use of the trademarks respectively owned. Any authorized use of these trademarks which does not comply with the law is prohibited and will be prosecuted to the fullest extent of the law. It is forbidden in any way to use those trademarks and any other distinguishing feature of "www.lenoirshop.com" to take unfair advantage of the distinctive character or repute of the trademarks or to be detrimental to the same and their owners.
Links to other Websites
2. If you are interested in linking to the home page and other pages of "www.lenoirshop.com", which are publicly accessible, please contact the Website Manager at the following email address: firstname.lastname@example.org to request authorization. Link activation is granted by the Website Manager free of charge and non-exclusively, after checking the applicant’s qualifications. The Website Manager has the right to object certain links to its website if the applicant who wishes to activate the link to "www.lenoirshop.com" has adopted unfair trade practices in the past, or non-compliant to the uses of the field or actions of unfair competition against the Website Manager, or if the Website Manager deems that these behaviours can be adopted in the future, or when the applicant has taken in the past, or may adopt in the future, derogatory actions against the Website Manager, its website and its services. It is, in any case, forbidden to post deep hypertext links (such as deep frames or deep links) to www.lenoirshop.com”, including the unauthorized use of meta-tags, without the consent of the Website Manager.
The Website Manager has made all possible efforts to prevent publication, in the website, of contents describing or representing situations of physical or psychological violence, or which, according to the sensitivity of the users of "www.lenoirshop.com", may be deemed to violate civil beliefs, human rights and personal dignity, in all its forms and expressions. In any case, the Website Manager does not guarantee that the contents of the website are appropriate or lawful in other countries, outside of Italy. However, if those contents are deemed unlawful or illegal in some of those countries, please do not access the website "www.lenoirshop.com" ; if you choose to access it anyway, please note that you will be the sole responsible for the use of the services supplied in the website. The Website Manager has also taken appropriate measures in order to assure its users that the contents of "www.lenoirshop.com" are accurate and do not contain incorrect or outdated information, with respect to the date of publication on the website and, as far as possible, even at a later time. In any case, the Website Manager shall not be responsible for the accuracy and completeness of the contents published on "www.lenoirshop.com", except for its liability for fraud and gross negligence and except as otherwise provided for by the law. Furthermore, the Website Manager cannot guarantee that the website will operate continuously, without interruptions, errors or failures due to the Internet connection. For any issue while using our website, please contact our Customer Service or write to the following email address: email@example.com One of our agents will be at your disposal to assist you and help you restore you access to the website, if possible. Similarly, please contact your internet service provider or check that each connection device has been correctly activated, including the Internet browser. Although the Website Manager will try to do everything in its power to ensure uninterrupted access to the website, the dynamic nature of the Internet and its contents might not allow "www.lenoirshop.com" to operate without any suspensions, interruptions or discontinuity due to the need to perform website updates. The Website Manager has adopted technical and organizational measures to make the services offered on "www.lenoirshop.com" safe, to protect the integrity of traffic data and electronic communications against unauthorized uses, and to prevent risks of loss and destruction of data and personal information related to its users, on "www.lenoirshop.com", as well as unauthorized access, or access that does not comply with the law, the data and the information.
Applicable Law and Dispute Resolution
Terms of Sale
The offer and sale of products on this website "www.lenoirshop.com" are governed by the following Terms of Sale.
All products purchased on "www.lenoirshop.com" are sold directly by LE NOIR s.r.l. Via Cavour 4, 31015 Conegliano (Treviso).
Applicability of these Terms of Sale
These Terms of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders of products on "www.lenoirshop.com" between the users of the website and the Vendor.
The Terms of Sale do not regulate the provision of services or the sale of products by subjects other than the Vendor, that are present on "www.lenoirshop.com" via links, banners, or other hyperlinks. You are responsible for checking the Terms of Sale, before submitting any order of purchase products and service by subjects other than the Vendor. LE NOIR is not responsible for the provision of services by third-parties other that the Vendor, nor for the conclusion of e-commerce operations between the users of "www.lenoirshop.com" and third parties.
The Vendor, through the website "www.lenoirshop.com", sells its products only to the “final consumers”, that is to individuals who buy for purposes unrelated to any commercial, entrepreneurial or professional activity. Thus, the Vendor has the right to not conclude orders submitted by subjects other than the “consumer”, or orders which do not comply with its sale policy.
2. Contract between Consumer and Seller
English is the language used for executing contacts with Vendor.
Any purchase order submitted from the Countries other than those indicated will not be accepted (link to the page).
In order to place an order for one or more products on "www.lenoirshop.com", you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
The order form contains a summary of these Terms of Sale and Return Policy, information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the terms and conditions for returning purchased products.
The prices of the products may be subject to changes. Please verify the final sale price before submitting the related order form.
An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order’s information has been verified as correct.
After your order form has been submitted, the Vendor will process your order.
The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by accessing your profile and clicking on the relevant section.
The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that the Vendor has not carried out your purchase order, specifying the reasons thereof. If the products displayed on "www.lenoirshop.com" are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within ten (10) days from the day after the Vendor received your order. If the order form has been sent and the price has been paid for the items that are no longer available, the Vendor will refund the amount paid for those items.
Upon submission of the order form, the Vendor shall send you a purchase order receipt email, containing a summary of the information related to the order form (Terms of Sale and Return Policy, the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
3. Product Characteristics
On "www.lenoirshop.com" we only offer products marked with the LE NOIR trademark and purchased by us directly from LE NOIR and/or the manufacturer authorized by the same.
The main characteristics of products are shown on "www.lenoirshop.com" in each product page. The products offered for sale may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
All products come with an identification tag attached with a disposable seal. Do not remove the seal from the purchased products should you wish to return the purchased products. Should you decide to exercise your right to return purchased products, the Vendor has the right to not accept returned products without the corresponding tag or seal or that have been altered from their original status or damaged.
Payment of the product prices and relevant shipping costs must be made by using one of the procedures indicated on the order form; they are an integral part of these Terms of Sale.
In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Banca Popolare di Vicenza or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in case of returns in compliance with the exercise of your return right or for reporting cases of fraud on "www.lenoirshop.com" to the police. The prices for the purchase of products and the corresponding shipping costs, as indicated in the order form, will be charged to your current account upon purchase of the same.
If you choose to pay cash on delivery, an additional €4 fee will be applied.
5. Shipping and Delivery of the Products
National shipping will be carried out by TNT Global Express, at the cost of 5 €.
Cash on delivery additional fee: Euro 15
In case of orders associated with coupons/vouchers, delivery times may increase up to 4 additional working days.
You may return products purchased from us, without any penalty and without specifying the reason, within four (4) days from receiving the products purchased on "www.lenoirshop.com".
You cannot exchange a purchased product with another one; you can only submit a new order, different from the previous one.
To return purchased products, proceed as follows:
on "www.lenoirshop.com" , access the order section and fill in the Return Form; electronically submit it to the Vendor, making sure you meet all the conditions set forth in 6.6;
return the products to the Vendor by giving them to the courier, in compliance with the provisions indicated in the following paragraph, within ten (10) work days from reception of the goods;
wait for confirmation of the return acceptance by the Vendor and consequent refund.
You will be responsible for the costs for returning the purchased goods.
If you decide to use the courier indicated by the Vendor in the Return Form, you will not have to pay directly the costs for returning the purchased products. Shipping for returning the purchased goods will be paid by the Vendor, on behalf of the consumer; the Vendor shall then withhold an amount equal to the sum sustained for shipping and delivery of the purchased products from the returned amount.
If you decide to use a different courier than the one indicated by the Vendor in the Return Form, you will have to pay directly the shipping fees for returning the purchased products. In this case, the costs sustained for delivering the purchased goods shall be reimbursed; however, you will be responsible for any loss or damage to the products during transport.
The Return Right - beside compliance with the terms and procedures described above - shall be deemed correctly exercised once the following conditions have been fully met: the online Return Form must be correctly completed and submitted within fourteen (14) days from receipt of the order;
the products must not have been used, worn, washed or damaged; the identification tag must still be attached to the products with the disposable seal;
the products must be returned in their original packaging;
the Vendor must receive the goods within five (5) days from the date in which you receive your order.
If the Return Right has been exercised in compliance with the terms and conditions set out, the Vendor shall refund amounts already paid for purchased products according to the provisions set forth.
The Vendor shall refund amounts already paid as soon as possible, and in any case within ___ (number) days from the date on which the Vendor has received the returned goods. After having confirmed that the terms and conditions above have been duly complied with, the Vendor will promptly start the refund procedure.
In the event that your return does not comply with the terms and conditions set forth in this paragraph, you will not be entitled to any refund of the amount already paid to the Vendor; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to the Vendor. Otherwise, the Vendor shall be entitled to keep the products and withhold the amount already received.
7. Refund Times and Procedures
After the products have been returned, the Vendor shall check the conformity of the products with the conditions indicated in paragraph 6 above. When the Vendor is able to confirm that such conditions have been met, it shall send you an email confirming the acceptance of the returned products.
Whatever payment type you used, the refund procedure shall be started by the Vendor within six (6) days from when the Vendor has received the returned goods, after checking that the return right has been correctly exercised and that the returned products have been accepted.
If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made that payment.
The value date for the credit shall be the same as the value date of the original debit, and consequently you shall not suffer interest losses.
If the courier used to return the purchased products is the same that has made the delivery, you can use the pre-printed label contained in the packaged to return the products to the Vendor, without paying directly the related costs. Pursuant to the return right terms and conditions, this method allows the Vendor to pay directly, on behalf of the consumer, the shipping fee for returning the purchased products.
If you decide to use a different courier than the one indicated by the Vendor to return the purchased goods, you must pay directly the necessary costs; furthermore, you shall be liable for any loss or damage to the products during transport, pursuant to the terms and conditions set forth for exercising the return right.
9. Applicable Law and Dispute Resolution
These Terms of Sale are governed by the Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.
1. In case of disputes between the Vendor and the final user, arising from the Terms of Sale, the Vendor guarantees full compliance with and acceptance of the mediation service RisolviOnline. RisolviOnline is an independent and institutional service, by the Court of Arbitration of the Chamber of Commerce of Milan, which allows reaching a satisfying agreement, with the help of a neutral and competent conciliator, in a friendly and safe way through the Internet. For more information on the provisions of RisolviOnline, or to submit a mediation request, go to RisolviOnline.com.
10. Amendments and Updates
The Terms of Sale may be amended from time to time due to new laws and regulations or other reasons. The new Terms of Sale shall be effective as of the date of publication on the website.
11. Customer Care
For more information, contact our Customer Service.
Otherwise, contact the Vendor at the following email address: firstname.lastname@example.org.
1) Policy pursuant to Article 13, Italian legislative decree 196/2003
1-I) Data Holder
The Data Holder for details collected through this website is LE NOIR, with headquarters at Via Cavour 4, 31015 Conegliano (Treviso); the data holder determines the purposes of personal data processing; LE NOIR determines the processing means and the safety measures to apply in order to guarantee data confidentiality, integrity and availability.
1-II) Optional or compulsory nature of Data provision
The submission of your personal data to LE NOIR through the website "www.lenoirshop.com" may be necessary for the purposes indicated in the relevant policy or optional. The optional or compulsory nature of data provision is specified from time to time - with reference to the single data requested - upon data collection. The refusal to communicate any compulsory data compromises the specific pursuit of data collection; such refusal might entail the impossibility of processing the purchase or using any complementary services, such as newsletters. The submission of non-compulsory data to LE NOIR is optional and it does not entail any consequence.
1-III) Data Supervisors and Subjects in charge of processing personal data
a) In order to achieve the purposes of the website "www.lenoirshop.com" LE NOIR may appoint related data supervisor; for the complete list of data supervisor, contact our Customer Service. b)To this end, LE NOIR authorizes the following agents to process personal data: employees in charge of processing the orders, administration, customer service, IT and marketing systems (when consent is given), website IT and management systems and employees in charge of services for registered users.
1-IV) User’s rights
Pursuant to article 7, Italian legislative decree no. 196/2003, you have the right to obtain confirmation of your personal data processing from LE NOIR, even if you are not registered to the website, in an intelligible form. Furthermore, you have the right to obtain from LE NOIR information concerning the origin of your personal details, the purposes for which they are collected and the methods, as well as which information technology means are used to process your data; the details of the holders of your data and of the subjects responsible for processing the information; information related to the subjects or categories of subjects that may obtain the data, or who may know the data because they are, for example, the subjects in charge of data processing. You are also entitled to obtain from the data holder:
a) the update, correction and integration of personal details;
b) cancellation, transformation into anonymous form of your personal data as well as to stop the processing of your data if it breaches the law, including details which do not need to be kept for the purposes they are collected for and later processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disclosed, unless this requirement proves impossible or involves a manifestly disproportionate effort compared to the right that is to be protected.
You have the right to oppose, in whole or in part:
a) for legal reasons, to the processing of your personal data, although pertinent to the purpose of their collection;
b) to the processing of personal data for the purposes of sending advertising or direct sale material or for the completion of market research or business communications.
In order to exercise the afore-mentioned rights, you can submit a special written request via registered mail to LE NOIR, which will be promptly addressed.
process data exclusively for the purposes and according to the methods indicated in the notice submitted to users at the time of their collection;
use data for other purposes different than those specified at the time of collection only where the user has expressed consent to such use;
make data available to third parties only for purposes that are strictly necessary to provide the requested service(s) and only where monitored by a data supervisor; not communicate, divulge or transfer data to third parties for third-party’s purposes unless the users have received prior warning and have granted their consent;
answer all request for cancellation, variation and integration of personal data, opposition to data processing for the purpose of sending commercial information and advertising;
ensure a fair and legal data processing, protecting the user’s privacy and implementing appropriate measures for security and protection of the privacy, integrity and availability of the data provided by users.
3) Purposes of data processing
All data are processed to supply the services available on the website "www.lenoirshop.com" , such as:
registration to the website, to enjoy the services we offer;
subscription to additional services, such as creating your Wish List;
handling of orders and related activities;
handling your technical, commercial, order and information requests;
contact with Customer Service.
Your personal data may be passed on to third parties only after your express consent, except where their communication is mandatory by law or is required for the purposes envisaged by the law, for which your consent is not required; in these cases, your personal data may be made available to third parties who will process the data autonomously and exclusively for such purposes (for example, in reply to a request from police or the court or other competent authorities, or to perform obligations deriving from the conclusion of the contract, such as notification to Banca Popolare di Vicenza for payment of purchased products).
4) Exclusion of consent
Pursuant to Italian legislative decree no. 196/2003, LE NOIR can store the users’ personal data without their consent only when this is necessary to fulfil a legal obligation or to perform the obligations undertaken in contracts with the users.
5) Third-party personal data
Consent is not required only when the details are communicated to LE NOIR in order to conclude a contract in favour of a third party.
6) Data processing supervisor and people in charge thereof
LE NOIR avails itself of third parties to process personal data. All third parties in charge of these operations have been adequately selected and are experienced, capable and reliable; they guarantee full compliance with current regulations on personal data processing, including personal data protection.
These third parties have been appointed as “data processing supervisor”, and they carry out their activity according to the instructions given by LE NOIR and under its control. Periodically, the data holder checks that the supervisors have correctly carried out the tasks and that they continue to guarantee full compliance with the provisions on personal data protection.
The user data are processed also by employees in charge of each service; the categories of agents in charge of these activities depend on the purposes for which data has been submitted, and are always indicated in the Policy issued upon submission of the personal data.
The website "www.lenoirshop.com" employs automatic data collection system, such as cookies. Cookies are devices transmitted to your hard disk; they do not contain comprehensible information, but they allow associating you to your personal data submitted on the website. Cookies are located on our server and no one can access the data contained in it. Only LE NOIR SRL processes the data collected via cookies in an anonymous and aggregated form, in order to enhance its services and its website based on its user’s needs and preferences.
Your Internet browser allows you to remove the cookies after each browsing session. For more information on how to remove them, refer to your Internet browser. Acceptance of automatic data collection procedures and cookies is necessary to use the website and its services, and to purchase the products offered. If you have activated the cookies removal procedure, LE NOIR might not guarantee the complete viewing of some web pages, or certain services, such as webpage storing and viewing of products chosen during online purchase processes.
8) Safety Measures
However, LE NOIR cannot guarantee that the measures adopted to guarantee the website and data processing safety can limit or exclude any risk of unauthorized access or data disclosure due to your devices.
Make sure that your computer is equipped with suitable data processing protection software, and that your internet provider has adopted suitable data processing protection measures.
9) Links to Other Websites
For further information on personal data processing, please see the Data Protection Authority website, at http://www.garanteprivacy.it
For further information on personal data processing by LE NOIR SRL, send an email to email@example.com.
11) Applicable Law
related to the user registration on the website "www.lenoirshop.com"
The Data Holder for details collected through this website is LE NOIR SRL, with headquarters at VIA CAVOUR 4, 31015 CONEGLIANO (Treviso); the data holder determines the purposes of personal data processing; LE NOIR determines the processing means, the safety measures to apply in order to guarantee data confidentiality, integrity and availability.
Collection of personal data
The submission of your personal data to the owners through the website "www.lenoirshop.com" may be necessary for the purposes indicated in the relevant policy or optional. The optional or compulsory nature of data provision is specified from time to time - with reference to the single data requested - upon data collection. The refusal to communicate any compulsory data compromises the specific pursuit of data collection; such refusal might entail the impossibility of processing the purchase or using any complementary services.
The submission of non-compulsory data is optional and it does not entail any consequence.
Data supervisors and subjects in charge of processing personal data
In order to achieve the purposes of the website "www.lenoirshop.com" LE NOIR may appoint related data supervisor; for the complete list of data supervisor, contact our Customer Service.
To this end, LE NOIR authorizes the following agents to process the personal data: employees in charge of processing the orders, administration, customer service, IT and marketing systems (when consent is given), website IT and management systems and employees in charge of services for registered users.
Pursuant to article 7 of Italian legislative decree 196/2003, users can consult, change or cancel their personal data or oppose to their processing for advertising purposes, business communication or surveys, by sending an email to firstname.lastname@example.org.