Terms of service

General Terms and Conditions of Sale

These General Terms and Conditions of Sale govern the sale of products marketed by Niu S.r.l., with registered office at Via Paparotti no. 5, 33100 – Udine (UD), VAT no. 02209350301, and identified by the NIU trademark ("Products") through the website www.niu-fashion.it ("Website").

The products marketed through the Website are sold to the purchaser (“Customer” or “Consumer”) by Calicantus S.r.l. ("Seller"), with registered office at Via L. Mazzon 30, Quarto D'Altino (VE), VAT no. 037590272.

1. CONTACT DETAILS

1.1. For any information regarding the Products, Niu Srl may be contacted by completing the form, by sending a message to the email address customercare@niu-fashion.it, or by calling 0432526990.

1.2. For any information regarding orders, payments, shipping and returns, the Seller may be contacted by completing the form or by calling +39 0422 78 28 90.

2. CONCLUSION OF THE SALES CONTRACT

2.1. In order to purchase one or more Products, the Customer must complete an order form and provide all the required mandatory information.

2.2. The Customer may place orders only as a registered user. Before confirming the order, the Customer must read and accept these General Terms and Conditions of Sale by ticking the corresponding acceptance box.

2.3. The Customer will subsequently receive an email acknowledging receipt of the order (the “Order Confirmation”). Receipt of the Order Confirmation does not constitute acceptance of the order proposal.

2.4. The purchase shall be deemed completed and concluded only when the order proposal is accepted by the Seller. The Seller will send the Customer a subsequent email confirming acceptance of the purchase proposal and informing the Customer that the order is being prepared for shipment.

2.5. The order may be rejected in the following cases:

a) if the ordered Product(s) is/are unavailable;

b) if authorisation to charge the total cost of the Product(s) using one of the applicable payment methods is not granted;

c) where, at the time of purchase, the indicated price is clearly incorrect (e.g. prices that are too high or too low compared with the prices normally applied to the same Product, unless a promotion is in place that justifies the price indicated on the Website, or an incorrect calculation of VAT or other applicable taxes).

2.6. If the Seller rejects an order as provided for in paragraph 2.5 above, the Seller will send the Customer an email notifying them of the rejection and will refund the Consumer if payment has already been made. The refund will be issued using the same payment method used for the purchase (see Article 5), without undue delay and, in any event, within 10 (ten) working days from notification of the order rejection.

2.7. The images displayed on the Website are provided for illustrative purposes only. Although every effort is made to ensure that the representations of the items on the Website are as faithful as possible to those offered for sale, variations may occur. It is not possible to guarantee that the actual appearance of the items will correspond exactly to that displayed on the screen. The Seller therefore accepts no liability for errors or inaccuracies in photographs and/or graphic representations of the items, including any differences in colour tone or texture that may arise from technical limitations in the rendering of colours and/or textures due to the specifications of computer equipment. In any event, even in the event of an evident discrepancy between the actual characteristics of the items and their representation, the Seller may not be held liable for such discrepancy.

3. RIGHT OF WITHDRAWAL

3.1. The right of withdrawal is granted to the Customer only if the Customer purchases the Products as a consumer, as defined in Article 3(a) of the Italian Consumer Code. If the Customer purchases the Products as a professional, as defined in Article 3(c) of the Italian Consumer Code, the right of withdrawal may be granted at the Seller’s discretion.

3.2. The Customer may withdraw from the Contract within 14 calendar days from the date of delivery of the Product. To exercise this right, it is sufficient to follow the procedure set out in paragraph 3.3 below and the instructions contained in the Return Form before the withdrawal period expires.

3.3. The Customer must take all necessary measures to preserve the integrity of the Product and do everything possible to ensure that the Product is returned in the best possible condition, with its original packaging undamaged, together with any instruction manuals, separate items and any other components supplied. The Product must not have been handled beyond what is necessary to establish its nature, characteristics and functioning. The tag must not be removed or tampered with. If these conditions are met, the Customer will be entitled to a refund of the purchase price of the relevant Product(s) in accordance with the provisions set out below.

3.4. To exercise the right of withdrawal, the Customer must complete the following Return Form. The Customer shall remain responsible for the integrity of the Product for as long as the goods remain in their possession.

3.5. If the Customer decides to return the Product, provided that the right to withdraw from the contract has been exercised within the 14-day period starting from delivery of the Product, all payments received will be refunded, using the same payment method used for the purchase, without undue delay and, in any event, no later than 14 days from receipt of the withdrawal notice and proof that the Product has been returned.

3.6. If the returned Product is found to be damaged/malfunctioning, worn or tampered with, or shows physical, aesthetic or surface alterations due to improper use or negligence by the Customer, the Customer will be required to pay the price of the Product and the related costs, including shipping costs and taxes, as originally agreed. Furthermore, the return of Products whose serial numbers do not match those indicated on the delivery invoice for the original delivery will not be accepted.

3.7. The right of withdrawal from the Contract is excluded where the purchase concerns customised, made-to-measure Products pursuant to Article 59(c) of the Italian Consumer Code.

4. SHIPPING

4.1. The ordered Products will be delivered to the address indicated by the Customer. Delivery times vary depending on the destination and the selected shipping method. Shipments are generally made on working days (Monday to Friday). The indicated delivery times are approximate and non-binding, without prejudice to the fact that, in accordance with applicable consumer protection legislation, delivery must take place within a maximum period of 30 days from conclusion of the contract.

4.2. During promotional periods, sales or public holidays, delivery times may be extended by up to a maximum of 15 working days compared with normal transit times.

4.3. Once the order has been shipped, the Customer will receive a message at the email address provided at the time of ordering containing the tracking number, which may be used to monitor the delivery status.

4.4. Delivery by the courier to the address indicated by the Customer may not be possible if the type of Products and/or the structural characteristics of the destination do not allow it. This may occur, for example, in the case of particularly bulky or heavy items, or where lifts, freight elevators or other suitable conditions for transporting the items to upper floors are unavailable.

4.5. Any shipping costs, where applicable, will be indicated when the order is completed.

4.6. The risk of loss of or damage to the Products passes to the Customer upon physical delivery of the goods or when a person designated by the Customer takes possession of them.

5. PRICE, VAT, DUTIES, PAYMENT METHODS

5.1. The prices applicable to the Products are those indicated on the Website, except in the case of an incorrect price pursuant to Article 2.5(c). Unless otherwise specified before an order is placed, the prices of the Products include VAT.

5.2. In the case of deliveries to countries outside the European Union, the Products may be subject to import charges and/or customs duties depending on the type of Product and the destination country. These costs shall be borne by the Customer.

Any duties, taxes or customs charges will be indicated to the Customer at checkout. The Customer is responsible for verifying the customs and tax regulations applicable in the country of destination of the goods, it being understood that the Seller may not be held liable for any additional costs, delays or obstacles to delivery arising from customs inspections or from the Customer’s failure to comply with the applicable customs or tax obligations.

5.3. Payment for the Products may be made using the following payment networks and services: Visa, Mastercard, Maestro, American Express, Visa Electron.

6. LEGAL GUARANTEE OF CONFORMITY OF THE PRODUCTS

6.1. All Products purchased on the Website are covered by the 24-month legal guarantee of conformity from the date of delivery, pursuant to Articles 128 et seq. of the Italian Consumer Code. The exercise of rights in the event of a lack of conformity, in accordance with Article 6.2 below, is subject to a limitation period of 26 months from the date of delivery.

6.2. Pursuant to Article 135-bis of the Italian Consumer Code, in the event of a lack of conformity of the Product, the Customer has the right to return the Product at no additional cost. For this purpose, the Customer may choose between repair and replacement of the Products. This right of choice may not be exercised where the requested remedy is impossible or would result in excessive costs for the Seller.

6.3. Where repair or replacement of the Product has not been carried out or is impossible, or where the lack of conformity is particularly serious, the Customer is entitled to a price reduction or termination of the sales contract.

6.4. The guarantee referred to in this Article is excluded where the Customer acts in a professional capacity. However, the Customer may still rely on the remedies provided under the warranty against defects in the item sold, pursuant to Articles 1490 et seq. of the Italian Civil Code.

6.5. In the event of a lack of conformity of the Products, the Customer may contact the Seller by completing the following form.

6.6. The Seller will assess the non-conformities reported by the Consumer and will subsequently decide whether or not to authorise the return of the Products, providing the Consumer with a response by email.

6.7. Where the Seller is required to refund the price paid to the Consumer, the refund will, where possible, be made using the same payment method used by the Consumer when purchasing the Product.

7. INTELLECTUAL PROPERTY

7.1. The Niu trademark and, more generally, all other trademarks, illustrations, images and logos appearing on the Products, their accessories and/or packaging that are subject to registration are and shall remain the exclusive property of Niu Srl. The total or partial reproduction, modification or use of such trademarks, illustrations, images and logos, for any reason and on any medium, is strictly prohibited without the prior and explicit consent of Niu srl. The same applies to copyrights, designs, models and patents that are the exclusive property of Niu srl.

8. PRODUCT SAFETY (EU Regulation No. 2023/988 “GPSR”)

8.1 All Products sold on this Website are safe as required by EU Regulation No. 2023/988 on general product safety. Pursuant to Article 19 of the aforementioned Regulation, the manufacturer’s information and the email contact point are provided below: customercare@niu-fashion.it

8.2 For any reports concerning the safety of the Products, the manufacturer may be contacted at the above email address.

9. FORCE MAJEURE

9.1. The Seller may not be held liable for any failure or delay in performing the obligations assumed herein due to circumstances attributable to the Seller and beyond its reasonable and foreseeable control ("Force Majeure Events").

9.2. Force Majeure Events include, without limitation, the following circumstances:

a) strikes, lockouts and other industrial disputes;

b) civil mobilisations and insurrections, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (whether declared or not), or threats of and preparations for conflicts;

c) fires, explosions, storms, floods, earthquakes, epidemics or other natural disasters;

d) inability to use public or private telecommunications systems;

e) pandemics and lockdowns.

9.3. Performance of the Seller’s obligations under these General Terms and Conditions of Sale shall be deemed suspended for the period during which the Force Majeure Events continue. Notwithstanding the continuation of the Force Majeure Events, the Seller undertakes to do everything within its power to find solutions enabling the proper performance of its obligations.

10. PRIVACY

10.1. The Customer’s personal data will be processed in accordance with the privacy policy.

10.2. For any further information regarding the processing of personal data, the Customer may contact the Seller by completing the following form https://calicantuscustomercare.zendesk.com/agent/home/tickets.

10.3. To the extent permitted by law, the Seller may use the personal information provided by the Customer in order to carry out appropriate payment and fraud-prevention checks. For this purpose, as part of its data-processing activities under applicable law, the Seller may ask the Consumer to provide identification details, where appropriate also by supplying a copy of an identity document. The personal information provided by the user may be verified, including by third parties such as a credit reference or fraud-prevention agency, which may keep a record of such information.

11. APPLICABLE LAW AND JURISDICTION

11.1. These General Terms and Conditions of Sale and the individual contracts concluded with Customers are governed by Italian law.

11.2. Any dispute arising from the interpretation or performance of these General Terms and Conditions of Sale and the related consequences shall fall within the exclusive jurisdiction of the court of the Consumer’s place of residence or domicile, in accordance with Article 66-bis of the Italian Consumer Code.

11.3 For the online resolution of disputes, the Customer may use the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the Customer and the Seller may resolve disputes concerning purchases made online with the assistance of an impartial body. The ODR Platform is available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show