Terms and conditions

General regulations

These terms and conditions are valid exclusively between the society NGM S.r.l., Via L. Da Vinci, 7 – 56020 S. Maria a Monte (PI), P.I. 01766550501 hereafter referred to as "NGM" and any person who effects purchases online on the websitehttp://shop.ngm.eu hereafter referred to as "CLIENT". These conditions may be subject to changes, the date of change is the equivalent of the date of entry into vigor.
The present general conditions govern purchases made on the web site http://shop.ngm.eu, in accordance with the articles 50 and the following of the D.Lgs n. 206 September 6 2005, Consumer code, section II chapter I of the third title of the third part, to which reference is made as provided for in art. 60 of the Consumer code.

The products purchased on this site are sold directly by UpCommerce S.p.a. (on behalf of NGM Italia), with registered office in Italy, Via Di Motta della Regina, 6 – 71121 Foggia (FG), Italy

Object of the contract

With the present general conditions of sale, NGM sells and the CLIENT acquires the material goods indicated and offered for sale on the site http://shop.ngmitalia.it. The contract is concluded exclusively via the INTERNET, by means of the access of the CLIENT to the addresshttp://shop.ngm.eu and the completion of a purchase order according to the procedure foreseen by the same site.

Conclusion and effectiveness of the contract

1. The sale will be considered concluded by the sending of an order confirmation email on behalf of NGM to the CLIENT. The email contains the details of the CLIENT and the order, the price of the goods purchased, the delivery costs and the address to which the goods will be sent. The CLIENT undertakes the responsibility of verifying the correctness of the data contained in it and to promptly communicate any necessary corrections.
2. NGM commits itself to present and describe the items sold on the site in the best possible way. However some errors may present themselves, imprecisions or small differences between the site and the actual product. Moreover the photographs of the products shown on http://shop.ngm.eu do not constitute contractual elements, in as much as they are representative only.
3. NGM commits itself to deliver the goods within 5 working days from the receipt of payment from the part of the CLIENT.


Product availability

1. The availability of the product refers to that present in the moment in which the CLIENT consults the product information; this must however be considered solely indicative due to the contemporary presence on the site of multiple users and the possibility that the products could be sold to others before the confirmation of the order.
2. Also after the sending of the order confirmation email cases of partial or total unavailability of the goods could result. In this occasion, the CLIENT will be promptly informed and will be able to decide to accept the delivery of only the available products or request the cancellation of the order, communicating this via email to customer service.


Payment methods

1. Every payment from the part of the CLIENT can only take place via Paypal,  credit card, MyBank and bank transfer. For payments carried out via Paypal and/or by means of credit card, if a product results as unavailable after the registration of the order, NGM will undertake the necessary measures with the payment operator to cancel the transaction relative to the unavailable product. The effective charge of the order amount will take place contextually to the payment. The payments can also be carried out by the means of a discount voucher.
2. Communications relevant to the payment and the data provided by the CLIENT at the moment of registration and purchase are effected on appropriate protected lines and with all the guarantees assured by the use of security protocols provided for by the payment circuit.


Prices and delivery costs

1. All sale prices of the products shown and indicated on the site http://shop.ngm.eu are conveyed in Euros and include IVA.
2. The CLIENT accepts the faculty of NGM to modify its prices in any given moment, however the goods will be invoiced on the grounds of the price indicated on the site at the moment the order is made and confirmed in the email sent by NGM as confirmation of the acquisition of the order
3. Delivery costs are free for deliveries within Italy, including the state of S. Marino
4. For delivery costs related to deliveries outside of Italy, you are kindly asked to write to ecommerce@ngmitalia.it


Rights of withdrawal

1. In compliance with the provisions of the law in vigor, the CLIENT has the right to retract from the purchase without any penalty and without stating the reason, within a term of 10 days as provided for by the law, beginning from the delivery date of the product.
2. If the CLIENT should decide to exercise this right, they will have to send a certified e-mail  to the address ngm@pec.it or a registered letter with return receipt to the address NGM ITALIA s.r.l., Via L. Da Vinci, 7 – 56020 S. Maria a Monte (PI) within the aforementioned time frame including all references of/the product/purchased/ and their own bank details. Successively the CLIENT will receive an email authorizing the return. The goods must be sent back to NGM ITALIA s.r.l.,  Via L. da Vinci 7, 56020, S. Maria a Monte (PI). According to the law, the delivery costs related to the restitution of the goods are at the expense of the CLIENT. The goods must be returned integrally, in the original packaging, complete with all its components (telephone, accessories, protective screen,software, instruction manual ) and integral without scratches, tampering or damages of any kind, IMEI no. coinciding with that of the sale  and complete with the annexed fiscal documentation. Aside from the faculty to verify the above, NGM will reimburse via bank transfer the amount of the returned product in the shortest time possible and anyway within a term of maximum 30 days.
3. In the case of receipt of products not conforming to the order or defective, the CLIENT must communicate, as provided for in art. 132 of the consumer code, via e-mail to NGM customer services, within 2 months of the discovery of the conformance defect. Successively, the CLIENT will have to proceed in the creation of a return via their own personal space on the site www.ngmassistenza.it , specifying if they wish to receive a substitution of the item or a reimbursement. NGM will undertake the responsibility to contact the courier which, according to their availability, will collect the goods. NGM reserves the faculty to verify the contested lack of conformance and in case of confirmation will arrange the delivery of the substitute goods or the reimbursement of the credit card used by the client to effect the purchase.
4. In case of return for a purchase effected with a gift card or discount voucher, the amount will be reimbursed to the CLIENT with a voucher identified with a promotional code which will be sent to the address of the electronic post of the CLIENT. The above promotional code will be valid for 2 years and the CLIENT will be able to use it for successive purchases in a single occasion.


Terms of guarantee on the products

For guarantee it is intended exclusively the repair or substitution free of charge of the single components or of the entire item acknowledged as defective in its making.
The warranty period takes place from the date of purchase of the product.
The product is composed of several components, which are covered by different warranty periods (hereafter "Warranty Period") In particular the warranty is valid for a period of:

  1. twenty-four (24) months for the mobile telephone and twelve (12) months for the relating accessories included in the sales package of the mobile telephone or sold separately, excluding the consumer parts and the accessories listed in the paragraphs (b) e (c);
  2. six (6) months for the following consumable parts and accessories: battery, charger, phone rest, headphones, cables and mobile telephone cover;
  3. ninety (90) days for software items, for example CD-rom, memory card.

Within the extent permitted by the applicable national law, the warranty period will not be renewed or extended after successive resale, repair or replacement of the product. However, the repaired parts of product or the product itself will be covered for the remaining Warranty Period or anyway for a period of sixty (60) days from the repair or replacement date.

Any request for assistance within the warranty period is moreover subject to the delivery:

  1. of the product
  2. of the original proof of purchase which indicates clearly the name and address of the vendor, the date and place of purchase
  3. of the compiled guarantee certificate bearing the signature and stamp of the vendor.

The Guarantee does not cover:

  1. third party user manuals or software, configurations, data or links downloaded onto the product by the user.
  2. the deterioration of the Product due to use (therein including, without any limitations, use of the camera lenses, use of the battery or of the display);
  3. defects caused by improper use of the product (therein including, without any limitations, defects caused by sharp objects, deformations, fall, bumps etc.);
  4. defects caused by inappropriate use of the product or in contrast with the instructions provided by the Producer (for example those indicated in the user guide)
  5. defects caused by the use or connection of the product to accessories, software and/or services not provided by the Producer or by use of the Product different from that which it was made for.
  6. defects caused by virus and/or unauthorized access to services, computer systems or networks.. This unauthorized access can take place through hacking, password decoding or through several other ways.
  7. defects caused by the rupture or tampering of the battery closure seals or cells or by the fact that the battery has been used improperly, or in equipment different from those for which the use has been specified.
  8. in case of the opening, modification or repair of the product by anyone different from the authorized Service Center, or if the serial number, accessories data code, or IMEI code appears to be erased, altered or unreadable.

How to request the assistance service in guarantee

In the case of defective products covered by the terms of the guarantee, it is advisable to directly contact one of the nearest CAT(Collection centres)(a complete list can be downloaded here www.ngm.eu/centriraccolta ) consigning the product with the relative proof of purchase (receipt or invoice) for the validity period of the guarantee and with the guarantee certificate filled in and bearing the signature and stamp of the vendor. CAT will send the product to NGM Service Center. If the fault found is not a manufacturing defect, NGM Italia will send the user, via the CAT, an estimate of the repair to be accepted within 15 days from its receipt. In contrary cases the NGM service assistance centre will return the product with a charge for the delivery costs.      

Alternatively, if it is not possible to find a collection centre in the surrounding area, the client can take advantage of the withdrawal/re-delivery service from the clients home address. In this case, to activate the warranty offered by NGM Italia s.r.l it is necessary to register and compile the form on the online Assistance Portal http://www.ngmassistenza.it and then book the withdrawal of the product and the successive sending to NGM Service Center for the repair of the faulty or broken parts. In the case that the fault found is not a production defect, NGM Italia will send to the user an estimate of the repair costs which must be accepted within 15 days of its receipt; in the contrary case the restitution of the product will proceed, with the charge of the delivery costs.       

The delivery costs are at the complete expense of NGM Italia, excluding if the fault is not a production defect and therefore is not covered by the guarantee; in which case the delivery costs will be charged,  withdrawal and re-delivery, plus possible right to appeal.

Assistance outside of guarantee

In case the Product manifests problems of operation beyond the terms of theguarantee or requires technical intervention for causes that are not covered by the guarantee, the client is asked to directly contact a Collection Center for a faster and more punctual service. A list of Collection Centers can be downloaded from our site on the page http://www.ngm.eu/centriraccolta. The Collection Center will accept the product and provide an estimate for the repair.

Delivery methods

In order to offer an exclusive service to its customers, NGM has decided ofto annul the delivery costs on all the orders, independentof the amount and the type of purchased articles (telephones and/oraccessories).

1. NGM will accept orders only for delivery within Italy. The products will be consigned via express courier to the address indicated by the CLIENT at the moment of ordering.
2. The CUSTOMER will be able to receive the invoice relative to each effected order by making an explicit request to the help desk and choosing "Request Invoice" in the "Orders, payments and shipments category.
3. The delivery of all items takes place by means of the courier Bartolini, with the exception of orders containing ONLY the SuitCOVER gift for which delivery by the Italian postal service is expected.
4. The CLIENT will receive an email from NMG containing the confirmation of the acceptance of the order.
5. Within the following 24 hours the CLIENT will receive an ulterior mail from NGM with the delivery cnfirmation and a link to visualize and to monitor the tracking of the delivery.

6. The tracking service is not provided for deliveries by the means of the Italian postal service.

Responsibilities

1. NGM does not assume any responsibility for disruptions attributed toacts of God or fortuitous events, or disruptions and malfunctions of the Internet line, in the case it does not succeed in the executionof the order in the time frame stated in the contract.
2. The availability of each item is solely indicative, does not havecontractual character and responsibility in cases of unavailability of one or more products cannot be attributed to the vendor.

Access to the site

The CLIENT has the right to access the site for consultation and implementation of purchases. No other use, particularly of a commercial nature, is consented of the site or of its contents. The integrity of the elements of thissite, both auditory or visual, and the relative technology utilized remainthe property of NGM and are protected by intellectual copyright.

Cookies

The websitehttp://shop.ngm.eu uses "cookies". Cookies are electronic files that record information relativeto the navigation of the CLIENT on the site (consulted pages, date and time ofconsultation…) and allow NGM to offer a more personalized service to its clients.

Integrability

The General Conditions of Sale are constituted by the totality ofclauses of which they are composed. If one or more dispositions of the General Conditions of Sale is considered not valid or declared such according to thelaw, as a result of regulation or of a decision from a court jurisdiction, the other dispositions will continue to have possession offull vigor and effectiveness.

Applicable rights and competent jurisdiction

The General Conditions of Sale are subject to Italian law. Any controversy that does not result in an amicable solution will be subjected exclusively to the competence of the Court of Pisa.