Termini e condizioni del servizio
Last updated: 19 June 2025
1. Seller Information
This website www.thenessmilano.it (hereinafter, the “Website”) is operated by OFFICINE BRONX S.r.l., with registered office at Via Risorgimento 2, 80028 Grumo Nevano (NA), Italy, registered with the Naples Companies Register under no. NA-1124068, tax code and VAT number IT10679791219, certified email (PEC): officine-bronx@pec.it, contact email: assistenza.theness@gmail.com (hereinafter, the “Seller”).
The Seller operates in compliance with Legislative Decree no. 70 of 9 April 2003 (implementation of Directive 2000/31/EC on electronic commerce) and Legislative Decree no. 206 of 6 September 2005 (the “Consumer Code”), as amended by Legislative Decrees 170/2021 and 173/2021.
2. Definitions
Customer: any natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.
Products: movable goods and/or services, including digital content, offered for sale on the Website.
Contract: the distance sales agreement concluded between the Seller and the Customer through the Website.
3. Scope of Application
These general terms and conditions of sale (hereinafter, the “Conditions”) govern the offer and sale of Products between the Seller and Customers purchasing through the Website. Submission of an order implies full acceptance of the Conditions.
4. Registration and Account
4.1 Purchases may be made by creating a personal account or as a guest.
4.2 The Customer guarantees that the information provided is true, accurate, and up to date.
4.3 The account is personal and non-transferable; the Customer is responsible for all activities carried out through their account.
5. Purchase Process and Conclusion of the Contract
5.1 Products, prices, and main characteristics are described in the relevant product pages.
5.2 To place an order, the Customer must:
a) add the desired Products to the cart;
b) complete and submit the electronic order form;
c) review and accept the Conditions and the privacy notice;
d) select the preferred payment method and confirm the order.
5.3 The Contract is concluded when the Customer receives the order confirmation email at the address provided.
5.4 The Seller reserves the right not to accept incomplete or improperly completed orders.
6. Prices, Invoicing, and Payment Methods
6.1 All prices displayed on the Website are in euros and include VAT unless otherwise indicated.
6.2 Shipping costs and any additional charges are indicated separately before order submission.
6.3 Accepted payment methods include credit/debit cards (Visa, Mastercard, American Express), PayPal, bank transfer, cash on delivery (where available), and other methods specified on the Website.
6.4 For card payments, charges will be made only after verification of card details and product availability.
6.5 Upon request, the Seller will issue an electronic invoice; the Customer must provide accurate tax details.
7. Shipping, Delivery, and Transfer of Risk
7.1 The Seller delivers within Italy and to the countries specified on the “Shipping” page.
7.2 Unless otherwise agreed, Products will be delivered within 30 days from conclusion of the Contract, pursuant to Article 61 of the Consumer Code.
7.3 Upon delivery, the risk of loss or damage to the Products transfers to the Customer, without prejudice to the Customer’s rights against the carrier.
7.4 The Customer must check package integrity upon delivery and report any issues on the delivery document and to Customer Service within 48 hours.
8. Right of Withdrawal
8.1 The Customer has the right to withdraw from the Contract, without giving reasons, within 14 days from the day the Customer or a third party designated by the Customer (other than the carrier) acquires physical possession of the Products.
8.2 To exercise withdrawal, the Customer must inform the Seller by sending an explicit statement (e.g. registered letter, certified email, or email) or by using the standard withdrawal form available on the Website.
8.3 Products must be returned without undue delay and in any case within 14 days from notification of withdrawal.
8.4 The Seller will reimburse all payments received (including standard delivery costs) within 14 days from receiving the withdrawal notice, using the same payment method used by the Customer.
8.5 The refund may be withheld until the Products are received or proof of return is provided, whichever occurs first.
8.6 The Customer is liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Products.
9. Returns and Remedies for Defects or Non-Conformity
9.1 In the case of defective or non-conforming Products, the Customer is entitled to restoration of conformity without charge through repair or replacement, or to a price reduction or contract termination, in accordance with Articles 128–135-septies of the Consumer Code, as amended by Legislative Decree 170/2021.
9.2 The legal guarantee lasts 2 years from delivery. The Customer must report the defect within 2 months of discovery.
9.3 Requests must be submitted to Customer Service with photographic documentation and the order number.
10. Conformity of Digital Content and Digital Services
Where the Contract concerns digital content or digital services, Articles 135-octies et seq. of the Consumer Code (Legislative Decree 173/2021) apply, ensuring conformity and provision of security updates for the specified period.
11. Limitation of Liability
11.1 The Seller is not liable for service disruptions caused by force majeure (e.g. strikes, natural disasters).
11.2 Except in cases of wilful misconduct or gross negligence, the Seller’s liability shall not exceed the total amount paid by the Customer.
12. Intellectual Property
All Website content (trademarks, texts, images, graphics, logos, icons, software) is owned by the Seller or respective rights holders and protected by intellectual property laws. Unauthorized reproduction or use is prohibited.
13. Processing of Personal Data
Personal data is processed in accordance with Regulation (EU) 2016/679 (“GDPR”) and applicable national legislation. For more information, see the Privacy Policy available on the Website.
14. Force Majeure
The Seller shall not be liable for delays or failures caused by events beyond reasonable control, including pandemics, fires, wars, or interruptions to transport or communication services.
15. Applicable Law and Jurisdiction
15.1 These Conditions are governed by Italian law.
15.2 If the Customer is a consumer, jurisdiction lies with the court of the Customer’s place of residence or domicile.
15.3 In all other cases, exclusive jurisdiction lies with the Court of Grumo Nevano.
16. Alternative Dispute Resolution
16.1 The Customer may use ADR procedures under Articles 141-decies et seq. of the Consumer Code.
16.2 Under Regulation (EU) 524/2013, complaints may be submitted via the European ODR platform: https://ec.europa.eu/consumers/odr
17. Amendments to the Conditions
The Seller reserves the right to amend the Conditions at any time. Changes take effect upon publication on the Website and apply only to Contracts concluded thereafter.
18. Severability Clause
If one or more provisions are declared invalid or ineffective, they shall be replaced by valid provisions reflecting the original intent of the parties as closely as possible. The remaining provisions remain fully valid and effective.
19. Contacts
For information, assistance, or complaints, the Customer may contact the Seller at:
Email: assistenza.theness@gmail.com