Terms & Conditions
TERMS & CONDITIONS
Terms of Use
(1) Introduction
These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
If you purchased with our website we will ask you to expressly agree to these terms of use.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
(4) Products
The advertising of products on our website constitutes an “invitation to treat” – not a contractual offer.
Every effort is made to ensure that the prices stated on the website are accurate at the time you place your order. If prior to concluding the contract a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the miss-priced goods and offering you the option of:
4.1 placing a new order at the correct price for those goods;
4.2 cancelling the whole of your order; or
4.3 cancelling your order for the miss-priced goods and reconfirming your order for the correctly priced goods.
The purchase of products via our website will be subject to our terms of sale.
We will ask you to agree to our terms of sale each time you purchase a product or products via our website.
(5) Product reviews
In these terms of use, “your reviews” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to us for publication on our website whether as a product review or otherwise.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your reviews in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your reviews must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction).
Your reviews (and their publication on our website) must not:
(5.1) be libellous or maliciously false;
(5.2) be obscene or indecent;
(5.3) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(5.4) infringe any right of confidence, right of privacy, or right under data protection legislation;
(5.5) constitute negligent advice or contain any negligent statement;
(5.6) constitute an incitement to commit a crime;
(5.7) be in contempt of any court, or in breach of any court order;
(5.8) be in breach of racial or religious hatred or discrimination legislation;
(5.9) be blasphemous;
(5.10) be in breach of official secrets legislation;
(5.11) be in breach of any contractual obligation owed to any person;
(5.12) depict violence in an explicit, graphic or gratuitous manner;
(5.13) be pornographic or sexually explicit;
(5.14) be untrue, false, inaccurate or misleading;
(5.15) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(5.16) constitute spam;
(5.17) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(5.18) cause annoyance, inconvenience or needless anxiety to any person.
Your reviews must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behavior on the internet.
You must not use any review to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
You must not submit any reviews to the website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any reviews submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms of use in relation to your reviews, we do not undertake to monitor the submission of reviews to, or the publication of reviews on, our website.
(6) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations and exclusions of liability
Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of use.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(8) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
(9) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise; and/or
(g) suspend and/or delete your account with the website.
(10) Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
(11) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
(12) Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(13) Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
(14) Entire agreement
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(15) Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
(16) Registrations and authorisations
Our registration number is 06540944.
Our VAT number is GB939733774.
(17) Our details
The full name of our company is Italy Trade Limited.
We are registered in England & Wales under registration number 06540944.
Our registered address is:
Italy Trade Ltd
1.1b International House
1100 Great west Road
Brentford, London
TW8 0GP
You can contact us by email to accessory@nomination.com
Returns Policy
(1) Introduction
We understand that from time to time you may wish to return a product to us.
We have created this 21-day returns policy to enable you to return products to us in appropriate circumstances.
This returns policy applies to customers in UK irrespective of your geographical location.
This policy does not affect your statutory rights (such as your rights under the Sale of Goods Act 1979 and the Consumer Protection (Distance Selling) Regulations 2000).
(2) Returns
Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where:
(a) we receive the returned product within 21 days following the date of your receipt of the product;
(b) the returned product is unused, in its original unopened packaging, with any labels still attached, and otherwise in a condition enabling us to sell the product as new;
(c) you comply with the returns procedure set out below; and
(d) none of the exclusions set out below apply.
(3) Returns procedure
In order to take advantage of your rights under this returns policy, you must:
Products returned under this policy must be sent by insured post to:
Returns;
35 South Molton Street
Mayfair
London
W1K 5RQ
You will be responsible for paying postage costs associated with returns under this policy. We will not be responsible for any items not reaching us.
If Items are returned due to them been received damaged or if an incorrect item has been sent we will refund your returns postage.
(4) Exclusions
The following kinds of products may not be returned under this policy:
(a) any product made to your specification including bespoke items;
(b) any product made to order;
(c) gift vouchers;
(d) any items that have been engraved to your personal specification.
(5) Refunds
We will send you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy excluding the original delivery charges and excluding the costs of returning the product to us, expect for reasons set out in part 3.
We will always refund any money received from you using the same method originally used by you to pay for your purchase.
We will process the refund due to you as soon as possible and, in any event, within 14 days of the day we received your returned product.
(6) Improper returns
Where you return a product in contravention of this policy (and where you do not have any other legal right to return the product):
(a) we will not refund or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) Please note that any items returned to us which you claim to be faulty or incomplete are checked and verified. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that you payment method has expired, or is declined we will hold the item(s) until full payment has been made for the returned carriage.
(7) About us
Our full name is Italy Trade Limited.
Our registered office and our principal trading address is Italy Trade Limited, 1.1b International House, 1100 Great West Road, Brentford, London, TW8 0GP
Our company registration number is 06540944
Our email address is accessory@nomination.com
Our VAT number is GB939733774
Terms of Sale
(1) Introduction
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
(2) Interpretation
In these terms of sale, “we” means Italy Trade Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: “(1) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (2) you will be transferred to the PayPal website, and PayPal will handle your payment; or if you select to pay by debit or credit card you will be directed to our secure payment screen(3) we will then send you an initial acknowledgment; and (5) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.”
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors at the checkout page. if you notice any errors at this point we advise you revisit the specific areas that are incorrect and re-input the information in a correct manner. We will not be responsible for any issues caused as a result of incorrect details inputted at the order stage.
(4) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes where applicable.
When browsing the site from countries which are tax exempt, prices shown will be adjusted accordingly, however these will change at checkout if you are delivering to a country which requires tax be paid.
Payment for all products must be made by the below methods
OR any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(5) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are at least 18 years of age.
(6) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order. We will not be held responsible for any incorrect information provided by you, and if delivery is not made because of this we will not accept any claims against us this includes items been lost in post because of incorrect delivery information.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 3-4 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
Please see our delivery pages for more information on how your product can be delivered.
Any shortages or damaged products must be notified in writing within a reasonable time of receipt of you order. At which point we will look into replacing or refunding your items. Delay in notification may affect our ability to deal with this matter.
We will only declare items as lost after 14 working days from dispatch date, at which point we will look into replacing or refunding your order.
(7) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
In order to cancel a contract in this way, you must give to us written notice of cancellation to accessories@nomination.com
You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(9) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
(10) Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 14 days of the day we received your valid notice of cancellation.
(11) Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale]: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(12) General terms
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section [12]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
