These General Conditions of Sale (hereinafter, the “Conditions”) govern the sale by NoFlyStore Srl, with registered office at via Nomentana 761, 00137 Rome, Italy, VAT Number 12219521007, of the products marketed by the Seller to its Customers.
NoFlyStore is an online retail store of made-to-measure fly screens. In addition to made-to-measure fly screens, NoFlyStore also makes available components, accessories, spare parts and related services in order to ensure the maximum functionality and durability of the Products. NoFlyStore offers an online pre-sales and after-sales assistance service to guide the Customer in the purchasing of the model best suited to their needs, to provide immediate feedback on the progress of shipments, and to support the Customer, where necessary, during the installation of the Product.
Definitions
- “Account”: the optional personal area created by the User on the Website, which allows the User to access additional functionalities (e.g. purchase history);
- “Buyer / Customer”: the natural person acting for purposes unrelated to their business, commercial, artisanal or professional activity (“Consumer”), as well as – where applicable – the natural or legal person who purchases Products for purposes related to their activity (“Professional”), with the distinctions set out in point 1.2 below;
- “Consumer Code”: the legislation applicable to Consumer rights and protection;
- “General Conditions of Sale / Conditions / Contract”: this document;
- “Online sales contract”: the sales agreement entered into between the Customer and NoFlyStore for the purchase of tangible movable goods through the Website, as part of a distance selling system organised by the Seller by electronic means;
- “Coupon”: an alphanumeric code provided by NoFlyStore that allows the User to obtain a discount on the Price of the Order. The Coupon may be assigned as part of promotional campaigns, loyalty programmes, special initiatives or pursuant to individual commercial agreements with the Customer;
- “Transport damage”: damage to or loss of the Product occurring during transport to the place of delivery;
- “Lack of conformity”: the Defect in the Product that results in the Product not meeting the conformity requirements set out in the Consumer Code, which entitles the Buyer to rely on the Legal Guarantee;
- “Assembly instructions”: the installation instructions for the Product, always available for consultation online or, where provided, included in the packages in paper form;
- “Order”: the purchase request submitted by the Customer through the Website for one or more Products. The Order is binding on the Customer from the moment it is submitted. The sales Contract is concluded upon NoFlyStore sending the Invoice to the Customer;
- “Parties”: the Seller and the Buyer or the User together;
- “Price”: the price of the Product that is the subject of the Contract, including VAT, unless otherwise indicated;
- “ADR Procedure”: an out-of-court dispute resolution procedure that complies with the requirements set out in the Consumer Code and is carried out by an ADR Body;
- “Product / Goods”: any item marketed by NoFlyStore, which may be made-to-measure according to the specifications provided by the Customer, or offered in standard configurations, as described in the relevant product sheet on the Website;
- “Professional”: the natural or legal person acting in the exercise of their business, commercial, artisanal or professional activity, or for purposes related to such activity;
- “Right of withdrawal”: the right to withdraw from the Contract without giving any reason;
- “Registration”: the free-of-charge creation of a personal Account on the Website;
- “Services”: all ancillary or complementary services provided by NoFlyStore in relation to the sale of the Products, including pre-sales and after-sales assistance activities;
- “Website / Platform”: the digital infrastructure through which NoFlyStore offers its Services and enables the purchase of Products online. All local stores can be accessed by connecting www.noflystore.com and selecting the destination Country and the preferred language;
- “User”: the person visiting the Website;
- “Seller / NoFlyStore”: NoFlyStore Srl, with registered office at via Nomentana 761, Rome, Italy, VAT No. 12219521007;
- “Defects in the Product”: any anomaly or imperfection affecting the substance of the Product, which makes it unsuitable or less suitable for the use for which it is intended, or which appreciably reduces its value.
- “Voucher”: a gift voucher redeemable on NoFlyStore’s Website for the purchase of Products.
1. General provisions and binding nature of the Conditions
1.1.These Conditions govern, in a clear and comprehensible manner, the provisions applicable to the User’s use of the Website and to the purchase of consumer Goods through the NoFlyStore Websites referred to in this document.
1.2.These General Conditions of Sale apply exclusively to purchases made by Consumers, as defined by the Consumer Code. Purchases made by Professionals or, in any event, for purposes related to the Buyer’s business, commercial, artisanal or professional activity are not subject to the provisions of the Consumer Code (including the rights of withdrawal and the Legal Guarantee granted to Consumers). In such cases, the general rules of the Civil Code shall apply, unless otherwise agreed in writing with NoFlyStore.
1.3.In order to conclude the Contract, the Customer must carefully read and accept the Conditions by clicking on the specific button for acceptance during the completion of the Order. The Customer acknowledges that, in the absence of such acceptance, it will not be possible to complete the purchase. By submitting the Order through the Website, the Customer confirms that they have read, understood and fully accepted the Conditions, declaring their adherence thereto without reservation.
1.4.The User must strictly comply with the procedures described below for the purposes of concluding the sales Contract.
1.5.These Conditions, together with the Order Confirmation, constitute the sales Contract between the Customer and NoFlyStore. The General Conditions of Sale accepted by the Customer at the time of purchase shall apply to the Order. No other terms or conditions shall apply.
1.6.The Conditions are an integral part of the purchase Order form of the Products and of the online catalogue available at www.noflystore.com and in the related linked stores.
1.7.The Conditions do not govern the sale of products or services offered by third parties through links, banners or other hyperlinks on the Website.
1.8.Terms written with a capital letter in these Conditions shall have the meaning set out in the “Definitions” section of this document.
1.9.NoFlyStore reserves the right to amend the Conditions at its sole discretion and at any time; only the Conditions in force at the time of purchase, available on the Website while browsing or prior to the conclusion of the Order, shall apply.
2. Subject matter of the Contract
2.1.Under this Contract, NoFlyStore sells to the Buyer, by electronic means at a distance, the Products indicated and displayed on the Website.
3. Registration and access to the Account
3.1.The User may browse the Website without creating an Account. In such case, during the purchase process, the User will be required to provide the data necessary to conclude the Contract and to arrange the shipment of the Products.
3.2.The User may register free of charge by following the instructions available on the Website in the section dedicated to the Account creation. In order to complete the Registration, the User must provide the required data (first name, last name, e-mail address and password) and fully accept these Conditions and the Privacy Policy, as provided in Art. 29. The User warrants the accuracy and truthfulness of the information provided at the time of Registration.
3.3.The User is solely responsible for the safekeeping and confidentiality of their Account access credentials. NoFlyStore shall be held harmless against any damage, liability and/or sanction arising from or in any way connected with the User’s breach of the Registration procedure or of the obligation to store and keep the access credentials confidential.
3.4.All operations carried out on the Website through the Account shall be deemed by NoFlyStore to have been performed by the User who holds the Account. The User shall be directly liable for any damage or loss caused to NoFlyStore or to third parties arising, by way of example only, from the improper use, loss or misappropriation by third parties of their access credentials.
3.5.By Registering, the User agrees to receive informational emails from NoFlyStore.
3.6.NoFlyStore is authorised to send commercial and/or promotional communications to the User where the User has previously provided their specific consent for such purpose. The User may withdraw their consent to receive such communications at any time.
3.7.The Seller reserves the right, at its sole discretion, to refuse the Registration of a User on the Website. Furthermore, NoFlyStore reserves the right to suspend or delete the User’s Account at any time and without prior notice:
3.7.1.In the event of a breach of these Conditions;
3.7.2.If the User’s use of NoFlyStore may result in a violation of applicable laws or regulations;
3.7.3.In the event of investigations arising from legal actions or from involvement of public authorities;
3.7.4.If NoFlyStore believes, at its sole discretion and for any reason whatsoever, that the Account is inappropriate or offensive or in breach of these Conditions.
3.8.By accessing their Account with their personal credentials, the User may use the Services made available by NoFlyStore, such as viewing the status and details of Orders placed, as well as their own data, including billing and shipping addresses.
3.9.If the User does not remember or has lost their access password, they may initiate the guided procedure for the recovery of their credentials directly from the Website login page.
3.10.The registered User may request the deletion of their Account at any time by contacting NoFlyStore directly. The User acknowledges that, upon deletion of their Account, all data and information previously provided will be deleted, without prejudice to any data that NoFlyStore is required to retain in order to comply with legal obligations.
4. Paid services
4.1.NoFlyStore provides certain subscriptions or paid Services. The costs, duration and conditions of the subscriptions and paid Services are described in the relevant sections of the Website.
5. Standard and Customised Products – Discontinuation of sale
5.1.The Products marketed by NoFlyStore are distinguished as follows:
5.1.1.Standard Products, characterised by predetermined technical specifications and configurations that cannot be modified by the Buyer (for example, accessories, replacement kits or non-customisable components);
5.1.2.Customised Products, made-to-measure based on the Buyer’s specifications and choices (for example, dimensions, colours, optional features, configurations or other requested customisations).
5.2.NoFlyStore may, at any time and without incurring any liability, discontinue the sale of one or more Products, whether standard or customised, or modify their characteristics, configuration options or marketing methods, without any obligation to provide prior notice to the Buyer.
5.3.In any case, the fulfilment of Orders already confirmed and containing Products whose sale has subsequently been discontinued shall remain unaffected.
6. Information on Products and on Prices
6.1.The Customer acknowledges that:
6.1.1.fly screens, regardless of the model, do not guarantee an airtight seal, nor complete isolation of the environment;
6.1.2.the fly screen is not a safety or mechanical protection device: it is not break-in resistant, it does not constitute a containment barrier for pets (for example, it does not prevent an animal from leaning out, jumping from a window or passing through a door), and it is not indestructible, although it is made of durable materials that comply with industry standards;
6.1.3.the primary function of the Product is protection against flying insects of common size (mosquitoes, flies, etc.), not the isolation of the environment or protection against insects or animals of larger size or with active pushing behaviour;
6.1.4.the occasional presence of insects in the installed Product (inside rails, boxes, etc.) does not constitute a Lack of conformity, nor a reason to consider the Product unsuitable for the use for which it was designed;
6.1.5.any infiltration of insects due to normal operation, the structure or the model of the purchased Product does not constitute a Lack of conformity;
6.1.6.premature wear of components (such as wires, meshes, accessories or other elements) due to improper installation, adjustment or use of the Product, as well as lack of periodic maintenance or exposure to unsuitable environmental conditions, does not constitute a Lack of conformity nor a defect of the Product.
6.2.Prices, descriptions and availability of the Products displayed on the NoFlyStore Websites are specified in the relevant product sheet relating to the Product viewed by the User and are subject to change without prior notice.
6.3.The unit Price displayed for the Product always refers to the unit of measurement indicated next to the amount; in the case of Customised Products, the final Price of the Product varies in real time depending on the characteristics (dimensions, colours, optional features, etc.) selected by the User.
6.4.The sale Price governed by these Conditions includes the Price of the Product specified in the Order, in accordance with the Price list in force at the time of the Order Confirmation, including VAT and taxes where applicable.
6.5.The Seller undertakes to describe the characteristics of the Products as accurately as possible in the relevant product sheets available on the Website. However, images and graphic representations of the Products are for illustrative purposes only and may not faithfully reproduce the actual Product due to technical or subjective factors, such as monitor calibration, photographic lighting or the use of filters. The Customer acknowledges and accepts that any minor differences – for example variations in colour shades, slight differences in surface finishes or tolerances in the dimensions of the Products and their components – do not constitute a Lack of conformity.
7. Technical characteristics, assembly and installation of the Products
7.1.The Customer declares that they have reviewed all the technical-functional characteristics of the Product, have verified that the purchased Product is suitable for its intended use, and, where applicable, that they have the necessary space for installation and have ascertained the absence of structural obstacles that could hinder or prevent proper assembly.
7.2.Assembly and installation of the Products are the responsibility of the Customer and/or another party designated by the Customer, in compliance with the instructions set out in the assembly Instructions. In this regard, the Customer declares that they have understood the assembly Instructions.
7.3.NoFlyStore shall not be held liable for any damage resulting from failure to comply with the Instructions provided together with the Product, from improper use or use outside the limits set out in the documentation supplied with the Products, from the use of components not sold by NoFlyStore, or from modifications or interventions carried out by parties other than NoFlyStore.
7.4.Any damage to Products, persons or property resulting from improper assembly, improper use or modifications carried out by the Customer or by unauthorised third parties may under no circumstances be attributed to NoFlyStore.
8. Conformity of the Goods and measurements
8.1.The Products specified in the Order shall be delivered by NoFlyStore in conformity with the characteristics described in the relevant product sheets available on the Website, without prejudice to the tolerance margins and the indications specified in point 6.5 of these Conditions. Measurements are subject to technically unavoidable tolerance margins, which the Buyer declares to accept. Therefore, such differences do not constitute a Lack of conformity.
8.2.The Products are not supplied on a trial basis. The Buyer is responsible for the choice of the Products ordered and for verifying that the specifications indicated by NoFlyStore meet their needs and are suitable. In the case of customised Products, all Product measurements are subject to a tolerance margin pursuant to the applicable legislation.
8.3.The customised Products ordered and purchased by the Buyer shall be delivered by NoFlyStore based on the measurements and characteristics configured and indicated by the Buyer in the Order. NoFlyStore assumes no responsibility in the event of inaccurate or incorrect measurement taking and/or incorrect configuration of the Product’s characteristics.
9. Purchase procedure
9.1.The sales Contract between NoFlyStore and the Customer is concluded exclusively online through the Website, by means of the Customer’s submission of an Order and the subsequent acceptance thereof by the Seller. The Order shall be deemed accepted at the time the Customer receives, by e-mail, the Invoice containing the Product details, the Price and the applicable conditions.
9.2.The Order must be submitted by following the guided procedure available on the Website. The Customer is responsible for the accuracy of the data entered and any requested customisations. Each Order submitted constitutes a binding purchase offer by the Customer, subject to Product availability and the Seller’s confirmation.
9.3.Before confirming the Order, the Customer must carefully review the summary, correct any errors and accept these Conditions and the Privacy Policy. Submission of the Order implies full acceptance of the same.
9.4.The Customer acknowledges that the Order is placed upon its confirmation and is subject to payment of the Price, taxes and any additional ancillary charges indicated in the Order summary form.
9.5.After submission of the Order, the Customer receives an automatic Order Confirmation by e- mail, which does not constitute acceptance of the Order. The Contract is concluded exclusively when the Customer receives, by e-mail, the Invoice sent by NoFlyStore, containing the Product details, the Price, shipping costs, any applicable taxes, duties and additional costs, the payment and delivery methods, as well as information on the right of withdrawal, where applicable.
9.6.The Customer undertakes to verify the accuracy of the data contained in the Order Confirmation e-mail and to notify the Seller, within 24 (twenty-four) hours of receipt thereof, of any requests for correction or modification. Any changes to the Product configuration may be accepted exclusively if the Order has not yet entered the processing stage. Where the Order is already being processed, the Seller reserves the right to assess the possibility of making changes, without prejudice to the possibility that, in such cases, the Customer may be required to pay an amount to cover handling and production costs already incurred. In any case, the Customer shall be required to pay any Price difference resulting from the new Product configuration compared to the original one. Any increases in expenses or additional costs resulting from errors in data not promptly reported shall remain at the Customer’s expense.
9.7.The Order is finalised and becomes binding on the Customer upon receipt of the Invoice. In the event of cash on delivery payment, the Customer is required to pay the amount due at the time of delivery, in accordance with the methods and terms indicated in the Order, without delay or exception. In the case of shipment of goods to Countries outside the European Union, the Buyer undertakes to bear and pay any customs duties and charges provided for by the destination Country, as well as any costs related to the customs clearance of the purchased goods.
9.8.The Customer is responsible for the accuracy of the data entered, including the e-mail address and contact details necessary for receipt of the Invoice. In the event of non-receipt of the Invoice due to an error in the e-mail address provided, technical issues with the Customer’s mailbox or other causes not attributable to NoFlyStore, the Contract shall in any case be deemed concluded at the time the Invoice has been correctly generated and sent by NoFlyStore to the e-mail address provided by the Customer.
9.9.It remains the Customer’s responsibility to promptly contact NoFlyStore should the Invoice not be received within the indicated timeframes.
9.10.The Order number communicated in the Confirmation must be used for each communication with NoFlyStore relating to the Order.
9.11.The Order shall be archived by the Seller in its database and stored, in compliance with confidentiality and security criteria, for the time necessary for its execution and, in any case, in accordance with the time limits provided for by law.
10. Promotions and discounts
10.1.NoFlyStore may offer discounts or special promotions for the purchase of Products on the Website. Such promotions or discounts are always subject to the requirements and the terms and conditions set out in the relevant sections of the Website.
10.2.Promotions and offers are always granted at the sole discretion of NoFlyStore.
10.3.Promotions or discounts, even if repeated or periodic, do not confer any right or entitlement on Users who have purchased NoFlyStore Products before their application.
10.4.Depending on the cases, discounts and promotions apply for a specific period of time. Unless otherwise specified, the time limits of promotions and discounts shall be deemed to refer to the time zone of the place where NoFlyStore has its registered office.
10.5.For the duration of the promotion and in relation to Products that have been on sale for more than 30 (thirty) days, the Seller indicates the lowest Price applied by NoFlyStore to each Product subject to the promotion in the 30 (thirty) days preceding the application of the Price reduction. In the event of progressive Price reductions without any temporal interruption, NoFlyStore indicates the lowest Price applied to each Product subject to the promotion in the 30 (thirty) days preceding the application of the first Price reduction.
11. Conditions for the use of Coupons (discount codes)
11.1.The Seller reserves the right to offer Coupons for purchases made on the Website. The Seller also reserves the right to exclude certain Goods or Services from purchase using Coupons.
11.2.The Coupon is a specific and temporary discount code that NoFlyStore occasionally offers to its Customers. Coupons are not cumulative and may be used exclusively in connection with an Order. In order to use a Coupon, the User completes the Order and may enter the relevant code in the designated field during the purchase procedure, before submitting the Order. In any case, reference is made to the specific conditions provided for by each promotional campaign or other commercial initiative offered by NoFlyStore.
11.3.Unless otherwise specified, the following rules shall apply to the use of Coupons:
11.3.1.Each Coupon is valid for a single User and may be used only once, in accordance with the methods and timeframes set out in the instructions available on the Website and/or accompanying the Coupon itself;
11.3.2.The use of Coupons for the purchase of other Coupons or other discount codes that may be available on NoFlyStore is not permitted;
11.3.3.The Coupon is not redeemable for cash and no interest shall accrue on the credit represented by the voucher;
11.3.4.Unless otherwise provided and always within the same purchase procedure, Coupons may not be combined with one another;
11.3.5.Partial use of the Coupon or use in a manner that would result in its full redemption at a later stage is not permitted;
11.3.6.The Coupon should be redeemed exclusively within the period established for use of the offer. Upon expiry of such period, the Coupon shall automatically expire, without any possibility for the User to assert any claim in this regard;
11.3.7.NoFlyStore shall not be held liable in any way for the loss, theft or illegibility of paper Coupons;
11.3.8.NoFlyStore shall not be held liable in the event of errors in entering the e-mail address of the Coupon recipient;
11.3.9.If the value of the Products purchased exceeds the value of the Coupon, the User shall pay the difference using the payment methods available on NoFlyStore. If the value of the Products is lower, the User acknowledges and accepts that the difference shall not be refunded;
11.3.10.The use of Coupons is intended exclusively for personal and non-commercial purposes. The reproduction, counterfeiting, commercial exchange of Coupons, as well as any unlawful activity related to their use, is therefore prohibited.
11.4.In the event that any unlawful act is committed in connection with the use of Coupons, the Seller may lawfully refuse to perform its contractual obligations and expressly reserves the right to take action before the competent judicial authorities in order to protect its rights and interests.
12. Payment methods
12.1.Payments may be made exclusively using the payment methods indicated in the relevant section of the purchase procedure: credit card, PayPal, advance bank transfer and, where available, Scalapay and cash on delivery.
12.2.NoFlyStore uses third-party tools for payment processing and does not in any way come into contact with the payment data provided by the Buyer.
12.3.If the User chooses to make payment by credit card or PayPal, they may be redirected to the credit institution’s page for payment processing.
12.4.If the User chooses to make payment by advance bank transfer, they acknowledge that the Order will enter the processing stage only upon actual receipt of the transfer into the Seller’s bank account.
12.5.If payment made using one of the available methods is unsuccessful or is refused by the payment service provider, NoFlyStore shall not be obliged to process the Order.
12.6.NoFlyStore reserves the right to charge the Customer any handling costs arising from unsuccessful or unaccepted payments, where responsibility is attributable to the Buyer.
12.7.For deliveries made within the Italian territory only, the Buyer is allowed to pay in cash, to be made directly to the carrier at the time of delivery of the Products. The Buyer must also verify that the amount requested by the carrier as cash on delivery (cash on delivery payment) corresponds exactly to the total amount of the Order. Only amounts equal to the amount due are accepted, as no change will be given. Cash payments are permitted up to the threshold of EUR 1,000 (one thousand). During the Order completion process, the Buyer must mandatorily provide a valid mobile phone number registered on WhatsApp, to which an OTP (One-Time Password) code will be sent, i.e. a temporary verification code used to confirm the accuracy and authenticity of the data provided during the purchase process.
12.8.Cashier’s cheques and bank cheques are not accepted.
12.9.The Seller shall not be liable for any damage resulting from the fraudulent and/or unlawful use by third parties of credit cards or other payment methods at the time of payment for the purchased Products, provided that the Seller demonstrates having adopted all possible precautions based on the best knowledge and experience available at the time and in accordance with ordinary diligence, in full compliance with the legislation in force at the time of purchase.
13. Modification or cancellation of the Products subject to the Order
13.1.The Buyer may submit a request to modify or cancel the Order, which shall be examined by the Seller in relation to the stage of progress of the Product processing. In order to verify such status or submit the relevant request, the Buyer is required to contact the Seller’s Customer Service through the communication channels indicated on the Website. Any acceptance of such requests shall in any case be subject to the Seller’s discretionary assessment.
13.2.Where the Order has not yet entered the processing stage, the Buyer may:
13.2.1.request a modification, which may result in a change in the Price depending on the different configuration of the Product and shall in any case be subject to the Seller’s approval. In the event that the request is accepted, the modification and any resulting Price variation must be definitively accepted by the Buyer by means of written communication. Where the modification entails an adjustment of the Price, the Seller may require the issuance of a new Order reflecting the approved modifications.
In the event that the modification results in a reduction of the Price compared to the original amount, the Seller shall under no circumstances be required to provide any refund.
If the modification is not accepted by either the Seller or the Buyer, the Order may be cancelled. In such a case, where the Order has already been paid, the Seller shall refund the amounts already paid, net of any expenses incurred for the handling of the Order. The refund shall be made within a reasonable period and in any case no later than 14 (fourteen) days from the date of cancellation, preferably using the same payment method used for the Order;
13.2.2.request the cancellation of the Order, which shall be assessed by the Seller and, if accepted, confirmed to the Buyer. In such a case, where the Order has already been paid, the Seller shall refund the amounts already paid, net of any expenses incurred for the handling of the Order. The refund shall be made within a reasonable period and in any case no later than 14 (fourteen) days from the date of cancellation, preferably using the same payment method used for the Order;
13.3.Where the Order has already entered the processing stage, the Buyer may submit a request for modification, which shall be assessed by the Seller at its sole discretion. In such a case, the modifications may result both in a Price variation related to the different configuration of the Product and in the charging of production costs already incurred.
Where the requested variation results in a reduction of the Price compared to the original amount, the Seller shall under no circumstances be obliged to grant or refund any amount.
If the request is accepted, the modification and any resulting Price variation must be definitively accepted by the Buyer by means of written communication. Where the modification entails an adjustment of the Price, the Seller may require the issuance of a new Order reflecting the approved modifications. In the event that the modification is not accepted by either the Seller or the Buyer, the Order shall remain valid under the original conditions.
Cancellation shall under no circumstances be permitted once the processing of the Product has commenced.
13.4.The provisions set out in this article shall apply exclusively with reference to customised Products, configured according to the technical specifications provided by the Buyer (by way of example and not limited to: measurements, colours, models, mesh types or optional features). For standard Products, which are neither made-to-measure nor customised, the Buyer may submit a request for modification or cancellation of the Order in accordance with the same procedures set out in the preceding paragraphs, it being understood that acceptance of such requests is in any case subject to the Seller’s discretionary assessment, having regard to the stage of processing and the availability of the Products.
In the event that a request for modification is accepted, where the new Product configuration entails:
- – an increase in the Price compared to the amount originally paid, the Buyer shall be required to pay the difference, which must be paid in accordance with the methods indicated by the Seller before the start of the new processing or shipment;
- – a decrease in the Price compared to the original amount, the Seller may, at its discretion, grant the Buyer an adjustment equal to the difference or issue a Coupon of equal value to be used for subsequent purchases, it being understood in any case that any obligation to provide a cash refund is excluded.
In the event of a request for cancellation of the Order relating to standard Products, if the Order has not yet been fulfilled or shipment has not commenced, the Seller may arrange for its cancellation and, where the Order has already been paid, shall refund the amounts paid, net of any expenses incurred for handling the Order or processing the refund procedure.
The refund or any adjustment shall be made within a reasonable period and in any case no later than 14 (fourteen) days from the date of acceptance of the request, preferably using the same payment method used for the original Order, unless otherwise agreed between the Parties.
14. Retention of title
14.1.The Products ordered shall remain the property of the Seller until full payment of their Price has been made.
15. Availability of Products and production times
15.1.Order preparation normally takes place within 7 (seven) working days from the date of proper receipt of payment or, only in the case of cash on delivery, from the date the Order is submitted, subject to ongoing production schedules and the availability of raw materials. In any case, fulfillment of the Order is subject to the actual availability of the Products and/or the materials necessary for their manufacture and, as a rule, takes place in a single shipment once production or preparation of all ordered Products has been completed.
15.2.Should one or more Products specified in the Order be temporarily unavailable or not producible, NoFlyStore shall promptly inform the Buyer by e-mail of the expected procurement or production times. Following such communication, the Buyer may choose, within the indicated timeframe and with regard to the unavailable Products, whether to:
15.2.1.confirm the Order, accepting the new delivery times. The Customer may simultaneously agree that shipment of the entire Order be postponed until all ordered Products are fully available;
15.2.2.confirm the Order, accepting the new delivery times, and request partial fulfilment of the Order limited to the available Products, it being understood that any split shipment may entail additional costs to be borne by the Customer;
15.2.3.not confirm the Order with regard to the unavailable Products, which shall be refunded in accordance with the provisions set out in this article.
15.3.In the absence of an explicit communication from the Buyer within the indicated timeframe, the Order shall remain suspended and shall be fulfilled in a single shipment once all Products become fully available.
15.4.Where the Buyer has already made payment and decides not to confirm the Order for the unavailable Products, the Seller shall refund the amounts paid without undue delay and in any case within 14 (fourteen) days from the date of communication of the Buyer’s decision.
15.5.If the unavailability of one or more Products persists for more than 30 (thirty) working days from the date of proper receipt of payment (such period referring exclusively to the availability of materials or production) or, in the case of cash on delivery, from the date of submission of the Order, the Buyer – regardless of any choice previously communicated pursuant to point 15.2 – may, at their sole discretion, proceed with termination of the Order limited to the unavailable Products. In such case, the Buyer shall be entitled to a refund of any amounts already paid as the Price for the Products subject to termination. The termination must be communicated in writing to the Seller, it being understood that the Contract shall remain fully valid and effective with regard to the Products already available and confirmed.
15.6.The Seller shall not be liable for any delays in fulfilment due to force majeure or events not attributable to it. In such cases, the Buyer shall be promptly informed of the newly estimated timeframe.
16. Shipment and delivery: costs and methods
16.1.Shipment of the Products ordered by the Buyer is free of charge and is always insured. Any customs duties and charges applicable in the case of shipment of goods to Countries outside the European Union shall always be borne by the Customer. In such a case, the Customer is invited to contact the customs authorities of his Country in order to verify the import costs.
16.2.The purchased Products are delivered by NoFlyStore, through a carrier of its choice, during normal business hours, to the delivery address indicated by the Customer at the time of the Order and in accordance with the methods specified in the Order Confirmation and in the Invoice. NoFlyStore reserves the right to make any changes to the delivery terms and conditions, taking into account logistical and/or production requirements.
16.3.Delivery of the Products shall be deemed to have occurred when the Customer or a third party designated by them physically takes possession of the goods. Delivery times run from the date of conclusion of the Contract and shall not exceed 30 (thirty) days (such period referring exclusively to delivery to the Customer, pursuant to the Consumer Code), unless otherwise agreed and unless a different timeframe is agreed for customised Products. Exceptional circumstances and/or force majeure events not attributable to the Seller shall remain without prejudice.
16.4.If delivery of the Products does not take place within the maximum period of 30 (thirty) days from the conclusion of the Contract, or within any different period agreed between the Parties, the Parties may agree on an additional delivery period appropriate to the circumstances. In the event of failure to comply with such additional period, the Customer may terminate the Contract with regard to the undelivered Products, without prejudice to the right to compensation for any damage and to the refund, without undue delay, of all amounts already paid in relation to such Products.
16.5.The Buyer may modify the shipping address of the Order only if the shipping process has not yet commenced. To check the status of the Order, the Buyer must contact the Seller. If the shipping process has not yet commenced, the Customer may submit a request to modify the shipping address.
16.6.The Seller shall not be held liable for delivery errors due to inaccuracies or omissions in the completion of the purchase Order by the Customer or for delivery delays attributable to the Customer.
16.7.In the event of shipment to Countries outside the European Union, where delivery is unsuccessful due to causes attributable to the Customer (by way of example: failure to pay customs duties, unavailability, refusal of delivery, incorrect or incomplete address, failure to collect the goods in storage), the goods may be returned to the Seller by the carrier. In such circumstances, any costs, charges or customs duties applied by the competent authorities upon the return of the goods, as well as any costs of a new shipment requested by the Customer, including the related customs duties and charges, shall be borne entirely by the Customer. The Customer shall remain liable for any additional expenses arising from activities necessary for the handling of the customs procedure.
17. Notification of transport Damages and procedure for reservation upon delivery
17.1.It is the Buyer’s responsibility to check, at the time of delivery, the integrity of the packaging and the quantitative and qualitative conformity of the Products received. In the event of damaged, tampered with or non-intact packaging, the Buyer may refuse delivery or, alternatively, must accept it by placing a specific reservation on the transport document or on any other paper or digital document used by the carrier to record delivery (for example, by writing “reservation for inspection due to damaged package” or an equivalent indication). The carrier may not refuse to allow such reservation to be made. This requirement is essential: in the absence of acceptance with reservation, NoFlyStore shall not be able to guarantee any replacement and/or repair of Products damaged during transport.
17.2.In the event of Damage attributable to transport, even where the packaging appears intact, the Customer is required to report it to NoFlyStore, through any of the official channels indicated on the Website (such as e-mail, live chat, WhatsApp or other active support tools), no later than 3 (three) calendar days from delivery, attaching clear and detailed photographs of the Product and the packaging.
17.3.In the case of cash on delivery payment, where at the time of delivery obvious Defects and/or Lack of conformity clearly attributable to transport are found, the Buyer may nevertheless take delivery of the goods, placing a specific reservation as provided for in point 17.1, and pay the carrier the full agreed Price.The Buyer shall subsequently contact NoFlyStore to report the Defects or Lack of conformity found and activate the procedures as provided for in point 17.2.
17.4.The original packaging must never be disposed of or thrown away (regardless of its condition) until the Product has been properly installed and verified to be functioning properly, as it may be required for any inspection, assessment or return.
17.5.No liability may be attributed to NoFlyStore in the event of failure to comply with the procedures indicated above.
18. Notification of Defects and/or Lack of conformity of the Product
18.1.Following delivery of the Products, the Buyer is required to carefully check their condition, functionality and the absence of Lack of conformity or anomalies not attributable to transport.
18.2.Any Defects of the Product or Lack of conformity must be reported to NoFlyStore no later than 2 (two) months from the date of their discovery, in accordance with the procedures set out in these Conditions, in order to enable the Seller to activate the verification and remedy procedures provided for by the Legal Guarantee of conformity.
18.3.The Buyer must refrain from intervening directly or through third parties to remedy any anomalies found in the Product. Any intervention, modification or tampering with the Product, carried out for any reason whatsoever, shall result in the irreversible forfeiture of the Legal Guarantee relating thereto. The Product affected by Defects and/or Lack of conformity must remain fully available to the Seller until the completion of the technical verifications and any repair, modification or replacement procedures. The Buyer is prohibited from independently proceeding with the disposal, destruction or elimination of the Product, unless expressly and previously authorised in writing by NoFlyStore.In the absence of such authorisation, any independent disposal shall result in the forfeiture of the Legal Guarantee and the impossibility of proceeding with requests for assistance, repair or replacement.
18.4.Upon timely notification of the Defects and/or Lack of conformity, NoFlyStore shall, without charge to the Buyer, restore the conformity of the Product by means of repair or replacement, according to the remedy chosen by the Buyer, unless the chosen remedy is impossible or excessively burdensome compared to the alternative.
18.5.Where NoFlyStore deems it unnecessary to arrange for the collection of the goods affected by Defects or Lack of conformity, it may request that the Buyer proceed, at their own care and expense, with the disposal of the defective Product.
18.6.Following verification of the returned Product, where the notification of Defects and/or Lack of conformity proves to be unfounded, NoFlyStore shall be entitled to claim from the Buyer reimbursement of all costs incurred for the collection of the goods declared defective. In any case, NoFlyStore shall return the Product, with shipping costs borne entirely by the Buyer.
19. Free Repair or Replacement and applicable conditions
19.1.NoFlyStore, as a commercial courtesy and without this constituting a legal obligation, grants the Customer the possibility to request a single free intervention per Product and for a single error, exclusively in the following cases:
19.1.1.Error in the choice of colour: Replacement is granted only if the new colour belongs to the same category as the original one. Where the new colour belongs to a different category (whether higher or lower), the Seller reserves the right, at its sole discretion, to accept the replacement request and carry out the intervention free of charge or to require payment of an amount determined by NoFlyStore. The Customer may decide whether or not to proceed with the replacement. In the case of a lower colour category, no refund of the difference in value shall in any event be provided.
19.1.2.Error in the indication of measurements: modification or replacement is permitted if the difference between the measurements of the original Product and those of the new Product is less than or equal to 10 millimetres (both in width and in height). Where the new requested measurements exceed 10 millimetres (either more or less) compared to the original Product, the Seller reserves the right, at its sole discretion, to accept the request for modification or replacement and carry out the intervention free of charge or to require payment of an amount determined by NoFlyStore.The Customer may decide whether or not to proceed with the modification or replacement. In the case of smaller measurements, no refund of the difference in value shall in any event be provided.
In any event, in order to benefit from the free modification or replacement, any Price difference resulting from the new configuration must not exceed 10% of the amount paid for the original Product.
19.2.The free intervention concerns exclusively the modification of the original Product or its replacement with another Product of the same model. The modified or replacement Product must maintain the same configuration as the original, except for the single variation subject to the request, which may concern only the colour or only the measurements, but not both. No changes to other characteristics or requests for a change of model are permitted.
19.3.In order to request a free modification or replacement, the Customer must contact NoFlyStore through any of the official channels indicated on the Website (such as e-mail, live chat, WhatsApp or other active support tools), within 15 (fifteen) calendar days from delivery of the Product, specifying the correct measurements or the desired colour. NoFlyStore reserves the right to request photographic or video documentation of the Product, the packaging – which must not be disposed of until the procedure has been completed – or the installation space, in order to verify the conditions and obtain technical certainty regarding the intervention to be carried out.
19.4.The management of the free intervention is entirely at NoFlyStore’s discretion, which may choose, at its sole and unquestionable judgment and based on the type of error and technical feasibility, whether to proceed with the production and shipment of a new Product (or part thereof), or to collect the delivered Product, modify it in accordance with the Customer’s requests and reship it.
19.5.Where the Seller requires the return of the Product, whether for modification or replacement, the Customer must make the Product available for collection within 10 (ten) days from the date of authorisation of the return, in compliance with the instructions provided by NoFlyStore staff, unless otherwise agreed between the Parties. The Product must be properly packaged in its original packaging, intact and complete with all accessories, instructions and documentation received at the time of purchase, unless otherwise agreed between the Parties.
19.6.The goods may be eligible for a free intervention only if they have not been damaged, altered, installed or modified by the Customer and do not show signs of use exceeding those compatible with a normal installation test; otherwise, NoFlyStore reserves the right not to proceed with the free intervention. Where the transport document or other documentation necessary for the return of the goods has been provided by NoFlyStore in digital format, it shall be the Customer’s responsibility, where necessary, to print it for the proper completion of the return procedure.
19.7.With regard to shipping costs, in the case of modification of the Product, both the initial shipment and the return shipment shall be borne by NoFlyStore, unless otherwise communicated in writing by NoFlyStore. In the case of replacement, shipment of the new Product (outbound shipment) shall always be borne by NoFlyStore. Collection of the original Product may be requested only at NoFlyStore’s decision, which shall assess at its discretion whether or not to proceed with the return; in such case, the related transport costs shall also be borne by NoFlyStore. Alternatively, NoFlyStore may authorise the Buyer to independently dispose of the original Product. In such case, any expenses incurred by the Buyer for disposal may be reimbursed exclusively if the Buyer has previously communicated the estimated amount to NoFlyStore, attaching appropriate supporting documentation, and NoFlyStore has expressly authorised in writing such method and the related costs. In the absence of such prior authorisation, no reimbursement shall be due.
Any ancillary costs, import taxes and customs duties (where applicable) shall in any case remain excluded and shall be borne by the Customer, even where the modification or replacement is carried out free of charge.
NoFlyStore further reserves the right not to accept, by returning to the sender, any return that has not been previously agreed upon and authorised by its staff. In such circumstance, all transport costs, as well as responsibility for the shipped material, shall fall exclusively on the Customer, who hereby releases NoFlyStore from bearing costs or assuming liability for any return not previously agreed upon and authorised.
19.8.Any requests for a free intervention must be submitted in a single communication, including all Products for which the Customer intends to request modification or replacement. Subsequent or separate requests relating to the same Order, even if referring to errors different from those initially reported, shall not be taken into consideration.
19.9.This free modification or replacement procedure is separate from and independent of the Legal Guarantee referred to in Art. 21 of these Terms. It is offered as a commercial courtesy and does not constitute a legal obligation.
20. Right of withdrawa l
20.1.The Customer purchasing as a Consumer has the right to withdraw from the Contract, without providing any reason and without incurring any costs other than those provided for in the following point 21.4, within 14 (fourteen) days from the day on which they or a third party, other than the carrier and designated by them, acquires physical possession of the Product. For this purpose, the Customer must inform NoFlyStore of their decision by contacting Customer Service through the channels indicated on the Website www.noflystore.com.
20.2.The right of withdrawal shall not apply to Products made to measure or clearly customised, manufactured on the basis of the specifications provided by the Customer (e.g. measurements, colours, specific configurations).
20.3.In the event of withdrawal, the Customer shall return the Products at their own expense, unless otherwise indicated by NoFlyStore, within 14 (fourteen) days from the date on which they communicated their decision to withdraw. Within 14 (fourteen) days from the day on which it is informed of the decision to withdraw, NoFlyStore shall reimburse the Customer for all payments received, including, where applicable, standard delivery costs, using the same means of payment used by the Customer for the initial transaction, unless otherwise expressly agreed. The refund may be withheld until the Products have been received or until the Customer has provided proof of shipment.
Under no circumstances shall any customs duties and/or import charges borne by the Customer be refunded, where provided for by the legislation of the destination Country.
20.4.Any additional costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by NoFlyStore shall be excluded from reimbursement.
21. Legal guarantee
21.1.NoFlyStore guarantees the conformity of the Goods delivered with those described in the Order, subject to a margin of tolerance.
21.2.The Customer purchasing as a Consumer is entitled to the Legal Guarantee of conformity for the Products purchased, in relation to any Lack of conformity that becomes apparent within 2 (two) years from delivery of the Product. The action aimed at enforcing Lack of conformity of the Goods, not fraudulently concealed by the Seller, shall be time-barred within 26 (twenty-six) months from the date of delivery of the Goods. It remains understood that, where the Consumer is summoned before a court for the performance of the Contract, they may in any case assert their rights deriving from the Legal Guarantee of conformity, including the right to restoration of the conformity of the Goods (by means of repair or replacement), to a proportionate reduction of the Price or to termination of the Contract, in accordance with the applicable legislation.
21.3.It is understood that the Seller shall not be liable for any Lack of conformity arising subsequently, by way of example and not limited to, as a result of improper use of the Product by the Customer and/or third parties.
21.4.Without prejudice to proof to the contrary by the Seller, any Lack of conformity that becomes apparent within 1 (one) year from delivery of the Product shall be presumed to have already existed at the time of delivery, unless such presumption is incompatible with the nature of the Product or with the nature of the Lack of conformity.
21.5.A Lack of conformity exists where the purchased and delivered Product:
21.5.1.Is not fit for the purposes for which Goods of the same type are normally used, without prejudice to the provisions set out in point 6.1;
21.5.2.Does not conform to the description provided by the Seller on the Website and does not possess the characteristics and qualities indicated in the Product sheet published on the Website;
21.5.3.Does not possess the usual qualities and performance of Goods of the same type, which the Customer may reasonably expect, also taking into account statements made in advertising, labelling or in the Product sheet, without prejudice to the provisions set out in point 6.1;
21.5.4.Is not fit for the specific purpose intended by the Customer and made known by them to the Seller at the time of conclusion of the Contract, without prejudice to the provisions set out in point 6.1.
21.6.The Customer declares to be aware that there is no Lack of conformity, and the Legal Guarantee does not apply, where the Seller has specifically informed the Customer that a particular characteristic of the Product deviates from the objective conformity requirements provided by law, and the Customer has expressly and separately accepted such deviation, prior to or at the time of conclusion of the Contract.
21.7.The Legal Guarantee does not apply to Products that:
21.7.1.Have not been used correctly or they have been handled with negligence or lack of skill in use and maintenance and/or without complying with the provisions set out in the Product’s technical documentation;
21.7.2.Show defects and/or faults resulting from normal wear and tear and/or worn out and/or deteriorated over time, due to exposure to weather conditions or damaged by third parties;
21.7.3.Have sustained Transport Damage that has not been reported in a timely manner and, in any case, within the period indicated in Art. 17;
21.7.4.Have been tampered with, and the defect results from such tampering;
21.7.5.Have been installed incorrectly, where the improper installation does not result from deficiencies in the installation instructions provided by the Seller;
21.7.6.Show defects resulting from incorrect information provided by the Customer at the time of the Order or show defects due to incorrect measurements provided by the Customer;
21.7.7.Have been subject to unauthorised interventions and/or replacements.
21.8.In order to exercise their rights under the Legal Guarantee, the Customer is required to contact the Seller using the contact details indicated on the Website, providing an accurate description of the Defect found. NoFlyStore reserves the right to request photographic or video documentation in support of the report; in the absence of such documentation, the Seller may refrain from proceeding with the intervention under the guarantee.
21.9.The Buyer is required to return the Products contested as defective where requested by NoFlyStore. Alternatively, NoFlyStore may authorise the Buyer to independently dispose of the Products. In such case, any expenses incurred by the Buyer for disposal may be reimbursed exclusively if the Buyer has previously communicated the estimated amount to NoFlyStore, attaching appropriate supporting documentation, and NoFlyStore has expressly authorised in writing such method and the related costs. In the absence of such prior authorisation, no reimbursement shall be due. NoFlyStore reserves the right at any time to proceed directly with the collection of the defective Products from the Buyer, where this is deemed more convenient or appropriate.
21.10.Where a Lack of conformity of the Product is established, NoFlyStore shall, at no cost to the Customer, repair or replace the Product within a reasonable time from notification of the Defect and, in any event, no later than 45 (forty-five) days from such notification. The choice between repair and replacement shall rest with the Buyer, provided that the chosen remedy is not impossible or, in comparison with the alternative remedy, does not impose disproportionate costs on the Seller, taking into account all circumstances, including the value that the Product would have in the absence of the Lack of conformity, the significance of such Lack of conformity and the possibility of pursuing the alternative remedy without significant inconvenience to the Buyer.
21.11.The Seller reserves the right to refuse to restore the conformity of the Products if repair or replacement of the Product is impossible or if the costs that the Seller would have to bear are disproportionate, taking into account the circumstances (including the value that the Product would have in the absence of the Lack of conformity and the significance thereof).
21.12.As a residual remedy, the Buyer has the right to request and obtain a proportionate reduction of the Price or termination of the Contract in the following cases:
21.12.1.The Seller has failed to carry out the repair or replacement, or has not carried out the repair or replacement in accordance with the applicable law;
21.12.2.The Seller has refused to restore the conformity of the Products on the grounds that repair or replacement is impossible or excessively burdensome;
21.12.3.A Lack of conformity becomes apparent despite the Seller’s attempt to restore the conformity of the Product;
21.12.4.The Lack of conformity is so serious as to justify an immediate reduction of the Price or termination of the Contract;
21.12.5.The Seller has declared or it is clear from the circumstances that it will not restore the conformity of the Product (by means of repair or replacement) within a reasonable period or without significant inconvenience to the Buyer.
21.13.It remains understood that the Buyer may not request termination of the Contract if the Lack of conformity of the Product is of minor significance. The burden of proving the minor significance of the Defect rests with the Seller.
21.14.If the Lack of conformity concerns only some of the delivered Products, the Customer may request termination of the Contract limited to the non-conforming Products. Termination may extend to the Products purchased together with the defective ones only where it cannot reasonably be presumed that the Customer has an interest in retaining them, in accordance with the provisions of the Consumer Code. In any case, the possibility of terminating the entire Order is excluded where the conforming Products are independently usable or installable, even if they belong to the same category of customised items.
21.15.In the event of termination of the Contract, NoFlyStore shall reimburse the Customer exclusively for the Price paid for the Product. The refund shall be made once the Product has been returned to NoFlyStore in cases where collection is required; or upon reaching an agreement with the Customer on the termination of the Contract, where it has been agreed that the Customer shall independently dispose of the Product. In any event, the refund shall not include any other costs incurred by the Customer in relation to the purchase, such as, by way of example and not limited to, installation costs, charges or customs duties possibly paid by the Customer. Such costs are not refundable unless otherwise mandatorily provided by the local legislation of the Consumer’s Country of residence.
22. Repair service and exclusion of liability
22.1.In order to use the repair service, whether under warranty or for a fee, the Customer must contact NoFlyStore using the contact details indicated on the Website, providing the Order number and images (photos or videos) clearly showing the defect. In the absence of such documentation, NoFlyStore may refuse the request or delay its handling. The Customer must carefully package the Product, strictly following the instructions received from NoFlyStore. Otherwise, NoFlyStore shall not be liable for any damage or loss during transport.
23. Seller Liability
23.1.The NoFlyStore Website and the related online Services are made available to Customers in accordance with these General Conditions, without any further guarantees, express or implied, other than those provided by law. In particular, the suitability of the Services for specific purposes other than the ordinary use intended for the Website and its Products is not guaranteed.
23.2.Use of the Website and its features takes place under the Customer’s full responsibility.
23.3.To the extent permitted by law, NoFlyStore shall be liable only for damages arising from wilful misconduct or gross negligence and that are the direct and immediate consequence of its actions. Accordingly, NoFlyStore shall not be liable for:
23.3.1.Indirect losses or losses not directly connected to the breach of these Conditions;
23.3.2.Economic losses or commercial opportunities, such as loss of profits, anticipated savings, loss of contracts or damage to reputation;
23.3.3.Interruptions or malfunctions of the Website due to force majeure or unforeseeable events beyond NoFlyStore’s control (e.g. technical failures, network issues, power outages, cyberattacks, natural events, strikes, interruptions of third-party services);
23.3.4.Damages or costs arising from failure to perform the Order due to force majeure, including, by way of example, delays or interruptions caused by strikes of carriers or other logistics operators, without prejudice to the Customer’s right to reimbursement of the Price paid for the Product;
23.3.5.Improper or fraudulent use of the Website, payment instruments or Products by the Customer or by third parties;
23.3.6.Breaches of law or failure by the Customer to comply with these Conditions.
24. Customer’s obligations
24.1.The Customer guarantees the truthfulness and accuracy of the data provided during Registration, the purchase procedure and the performance of the Contract. In the event of false or inaccurate data, or data relating to third parties without authorisation, NoFlyStore shall not be liable for any damages or consequences arising from such conduct and reserves the right to take legal action for compensation.
24.2.The Customer undertakes to pay the Price of the Product within the timeframes and in the manner indicated both in these Conditions and during the purchase procedure on the Website.
24.3.The Customer shall not be held liable for delays or issues in payment if they demonstrate that payment was correctly made within the timeframes and in the manner indicated by NoFlyStore.
25. Assignment of the Contract
25.1.NoFlyStore may transfer or assign to third parties, even partially, the rights and obligations arising from these Conditions, provided that this does not prejudice the Customer’s rights under the law or under these Conditions. In the event of assignment, the Customer shall be promptly informed.
25.2.The Customer may not assign or transfer to third parties the rights or obligations arising from these Conditions without the written authorisation of NoFlyStore. Failure by NoFlyStore to enforce any of its rights shall not constitute a waiver of such right.
25.3.Unless otherwise indicated, these Conditions apply exclusively between NoFlyStore and the Customer and do not confer any rights on third parties.
26. Express termination Clause
26.1.Compliance with the Customer’s payment obligations (Section 24.2) and with these Conditions is essential. Therefore, in the event of non-payment or any other breach of the obligations provided herein, except in cases of force majeure, the Contract shall be deemed terminated by operation of law pursuant to Article 1456 of the Italian Civil Code, without the need for any judicial decision.
26.2.If the Customer fails to pay the amount due, NoFlyStore shall send a reminder by e-mail, inviting the Customer to make payment within an appropriate period and informing them that, upon expiry of such period without payment, the Contract shall be deemed terminated. In the event of default, NoFlyStore may also suspend or block access to the purchase functionalities on the Website for the User concerned, following prior notification by e-mail.
26.3.In the case of purchase with cash-on-delivery payment, the Customer undertakes to accept delivery of the ordered Products and to pay the amount due in accordance with the methods indicated in the Order. Unjustified refusal of delivery constitutes a breach of contract and entitles NoFlyStore to claim compensation for damages suffered, including outbound and return shipping costs, as well as any storage and handling costs.
26.4.NoFlyStore’s right to compensation for any damages suffered shall remain unaffected.
27. Service Interruption
27.1.In order to ensure the proper functioning of the Website and an optimal experience for Customers, NoFlyStore may temporarily suspend the Services for maintenance or system updates. NoFlyStore reserves the right, but not the obligation, to inform Customers by means of notices on the Website or through other communication channels.
28. Resale of the service
28.1.Users are prohibited from reproducing, duplicating, copying, selling, reselling or in any way exploiting the content, features or Services offered by NoFlyStore without prior written authorisation from NoFlyStore, granted directly or through an official resale programme.
29. Privacy Policy
29.1.The Privacy Policy of NoFlyStore forms an integral part of these General Conditions and must be accepted by the Customer in order to use the Services offered.
29.2.The personal data provided by the Customer are processed in accordance with the provisions set out in the Privacy Policy, available on the Website.
30. Severability Clause
30.1.If any provision of these Conditions is found to be null, invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions, which shall continue to be fully applicable.
31. Applicable law and jurisdiction
31.1.These Conditions are governed by Italian law, which governs the interpretation and performance of the Contract, the consequences of breach, the methods of extinguishing obligations, limitation periods, forfeiture and the effects of nullity.
31.2.Mandatory provisions of law protecting the Consumer provided by the State of habitual residence, where more favourable, shall remain unaffected.
31.3.For any dispute relating to these Conditions, jurisdiction shall lie with the court of the place where the Consumer resides or is domiciled.
32. Complaints and dispute resolution
32.1.In the event of issues relating to the purchase of a Product, the Customer may submit a complaint by contacting NoFlyStore using the contact details indicated in the “Legal Notice” section of the Website.
32.2.For Customers residing in Italy, the remedies provided by the legislation may be verified through the institutional portal dedicated to consumer protection and dispute resolution procedures (for example, ADR – Alternative Dispute Resolution).
32.3.Customers residing in a member State of the European Union, in Norway or in Iceland may contact the European Consumer Centre of their own Country through the ECC-Net (European Consumer Centres Network), which provides advice and assistance for cross-border disputes.
32.4.Customers residing outside the European Union may consult the portal of the Consumer protection authority of their own Country. By way of example:
32.4.1.United Kingdom: UK International Consumer Centre (UKICC)
32.4.2.Switzerland: European Consumer Centre Switzerland (CECSS).
32.5.The Customer’s right to refer the matter to the competent judicial authority shall in any case remain unaffected.
33. Intellectual Property, third-party content and proper use of the Website
33.1.All content on the Website (including, by way of example, texts, images, graphics, design, logos and trademarks) is protected by copyright and intellectual property laws and is the exclusive property of NoFlyStore or of any third-party rights holders. It is prohibited to copy, modify, distribute, publish, transmit, sell or otherwise exploit the content of the Website without prior written authorisation from NoFlyStore.
33.2.All trademarks, logos and distinctive signs displayed on the Website are the property of NoFlyStore or of their respective owners. Any unauthorised use of such elements is prohibited.
33.3.The Website may include content or services provided by third parties. NoFlyStore shall not be liable for such content or for any malfunctions or interruptions of third-party services. Before using third-party services, the User must accept their terms and conditions.
33.4.Reviews published on the Website are managed through external platforms that ensure transparency and authenticity, allowing reviews to be submitted only by Customers who have made a purchase.
33.5.Improper use of the Website is prohibited. By way of example, the User may not:
33.5.1.Carry out reverse engineering, decompile, modify or create derivative works from the Website;
33.5.2.Circumvent the security systems or content protection systems;
33.5.3.Copy or modify the contents without authorisation;
33.5.4.Use automated tools to access or collect data from the Website (e.g. scraping, spiders, robots);
33.5.5.Publish unlawful, offensive or inappropriate content;
33.5.6.Threaten, harass or infringe the rights of other Users;
33.5.7.Use the Website for unauthorised commercial purposes or to promote products/services;
33.5.8.Create or use false Accounts or misappropriate the Accounts of others.
34. Software Licence
34.1.NoFlyStore grants the User a personal, revocable, non-exclusive, non-transferable, worldwide and free-of-charge licence to use the software and technical tools necessary for the provision of the Service. The licence is granted exclusively to enable use of the Website and the Services in accordance with these Conditions and in compliance with the applicable legislation.
34.2.The User undertakes to use the software and the Services in compliance with the intellectual and industrial property rights of NoFlyStore and its licensors.
34.3.The software, as well as all related intellectual and industrial property rights, remains the exclusive property of NoFlyStore or its licensors. The User does not acquire any ownership rights in the software, but only a right of use limited to the use of the Website and in accordance with the terms set out in these Conditions.
34.4.The User is not entitled to access, copy, modify, distribute or use the source code of the software, nor to carry out reverse engineering, decompilation or any other activity that may infringe the intellectual property rights of NoFlyStore.
34.5.All rights and licences granted to the User shall be deemed automatically revoked upon termination of use of the Website or in the event of use not compliant with these Conditions.
35. Communications
35.1.All communications relating to NoFlyStore Services must be sent using the contact details indicated on the Website in the “Contacts” section or in other areas dedicated to customer support, through any of the official channels indicated on the Website (such as e-mail, live chat, WhatsApp or other active support tools).
35.2.Communications from NoFlyStore to the User shall primarily be made by e-mail to the address provided by the User during the purchase, registration or any interaction with customer service. The User is responsible for providing and keeping their contact details up to date and may communicate or update them at any time, including during support requests.