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2013 NoFlyStore Srl - via Nomentana 761, 00137 Roma (RM) - ITALIA - Registro delle imprese di ROMA n. 12219521007 - REA: RM-1358655 - P. IVA: IT12219521007
Users of the Services offered by NoFlyStore acknowledge and accept these terms and conditions.
NoFlyStore Srl
via Nomentana, 761
00137 Rome Italy
Paid-up shared capital: 20.000 Euro
VAT number and fiscal code: IT12219521007
Business Register of Rome
Owner contact email: [email protected]
NoFlyStore is an online shop dedicated to the sale of custom-made fly screens for windows and doors, which offers a wide range of models to choose from. NoFlyStore offers pre-sale and post-sale online assistance to consumers which allows them to purchase the most suitable model for their needs, and to receive immediate feedback on the shipment progress. The assistance service can also support customers during the product assembly process.
This document is a legal agreement between you, the User, and the entity providing NoFlyStore. It governs your use of the online properties and, in any case, the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages NoFlyStore as outlined in the present document. “NoFlyStore” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
In order to use NoFlyStore, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also fully accept the Privacy Policy and these Terms and Conditions. Users are responsible for keeping their login credentials confidential.
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credential.
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of NoFlyStore or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or cancel the User's account at any time and without notice.
The Owner reserves the right to suspend or cancel the User's account at any time and without notice if it believes that:
The content available on NoFlyStore is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause. The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device. Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on NoFlyStore, nor allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on NoFlyStore, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through NoFlyStore, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
The Owner does not moderate the content or links provided by third parties before their publication on NoFlyStore. The Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in NoFlyStore, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms. Users may not:
NoFlyStore provides for additional services or subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of NoFlyStore.
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance. Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and further payment fees, if any, indicated in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with the purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the further costs incurred by the User.
NoFlyStore uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
Any declined payment costs shall be borne by the User.
Until the complete payment of the price of the products ordered, the products remain the property of the Owner.
Prices, descriptions or availability of the products on display are subject to change without notice. The photos posted are for representation purposes only and may not be an exact representation of the product. The Owner will do its best to present the characteristics of the products with the greatest level of detail permitted by NoFlyStore in each tab corresponding to the product viewed by the User. However, images and colours of products offered for sale on NoFlyStore may differ from the real ones due to many factors, including, by way of example, User's device monitor, photographic filters, etc. Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of products.
The Owner reserves the right to offer Coupons for the purchases made on the website NoFlyStore. It is possible that certain goods or services are excluded from the purchase through Coupons.
Unless otherwise stated, the following rules apply to the use of Coupons:
In the event that any wrongdoing concerning the use of Coupons, the Owner shall legitimately refuse to fulfil its contractual obligations and expressly reserves the right to raise any claim, also before the competent courts, for the safeguard of its rights and interests.
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.
The User has the right to request and obtain for free, for a maximum of 1 request, the replacement of the products purchased on NoFlyStore, exclusively in the following cases:
To request the free replacement of the products, the User must contact the customer service at [email protected], and specify, in the same request, the correct colour and measurements, in order to allow NoFlyStore to promptly process the new order.
The User must follow all the instructions provided by the customer care personnel, also by email, in regard to the correct procedures for returning the products.
In particular, the afore said products must:
In this regard, NoFlyStore reserves the right not to accept product returns that have not been previously agreed upon, and authorized by, their staff. In this last case, all the costs, as well as the liability for the transportation of the goods, will lie exclusively with the User, who undertakes to hold NoFlyStore harmless from any costs and liability possibly arising from any unauthorized, or otherwise not agreed upon, return. The above is without prejudice to the legal guarantee right of the User who acts as a consumer, as specified below in the "Guarantee" section.
The User must be aware of the fact that the products sold through the site NoFlyStore are always tailor-made products. Therefore, the exercise of the right of withdrawal is excluded and the products purchased through NoFlyStore can never be returned or refunded.
The User who buys as a consumer has the right to a guarantee of conformity for purchased products and services, within 24 months of the purchase, on condition that notice is given to the Owner of the defects found, within 2 months of their discovery.
To exercise the right of guarantee, the User is obliged to contact the Owner, using the contact information contained in this document, and provide an accurate description of the defect.
If the product does not conform to the description, the User has the right to a repair or replacement of the product.
The User also has a right to request a fair price reduction or the termination of the contract, in the following cases:
The User is obliged to return the defective products.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
NoFlyStore and all functions accessible through NoFlyStore are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
NoFlyStore and functions accessible through NoFlyStore are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of NoFlyStore. Therefore, the Owner shall not be liable for:
To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on NoFlyStore.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of NoFlyStore and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
For information about the use of their personal data, Users must refer to the privacy policy of NoFlyStore which is hereby considered to be part of these Terms.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning NoFlyStore are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on NoFlyStore are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
NoFlyStore grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software and/or any other technical means embedded in the Service provided by NoFlyStore. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules.
User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Software related to the Service, like any other copyright or other intellectual property rights, is the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Software, and acknowledges that its use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under this Agreement.
The right to use the Software, does not grant any rights to the original source code. All techniques, algorithms, and procedures contained in the Software and their documentation is information protected by copyright and are the sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in this Agreement.
All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within NoFlyStore.
Users who continue to use NoFlyStore after the publication of the changes accept the new Terms in their entirety.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to NoFlyStore must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link. The Owner is available for any questions via the email address posted under the Owner's information in this document.