I. Scope of application of these conditions
The address of our website is: www.nessuno-butyou.com (hereinafter the "Site") is open to any user of the Internet.
It is published by :
WARTEX SA (hereinafter "WARTEX"), is a limited company under Swiss law based in Geneva
Head office is located at 56, rue Frank-Thomas, 1223 Cologny
VAT number CH 08534247416
Commercial register number : CHE-134.432.384
The Site allows WARTEX to offer clothing products (the "Products") for sale to Internet users browsing the Site (hereinafter the "Customer").
- Online Purchases
These General Terms and Conditions of Sale (hereinafter "GTC") apply to any sale of items by WARTEX to its customers through its online store.
– In-Store Purchases
– In-store purchases are subject to their own terms and conditions.
II. Online orders
A. Product Quality
The assortment sold on the website consists of items produced by WARTEX and/or its subcontractors under the brand name "Nessuno". WARTEX receives them directly from the producers or their authorized distributors and guarantees their authenticity.
B. Available assortment
The assortment of goods listed on the website is common to the general stock of WARTEX. However, it may differ from the assortment in store and fluctuate at any time, depending on the purchases of our customers online or in store.
As a result, and despite all the care taken by WARTEX to update its site, some items in the range displayed on the Site may be unavailable.
The items marketed on the Site are illustrated on the Site by their digital photos. WARTEX is not responsible for any minor differences that may appear visually between these presentations and the actual item.
C. Sales conclusion – general conditions
Upon receipt of an online order, WARTEX notifies the sender of the order by means of an acknowledgement of receipt. This notification of receipt by WARTEX does not yet signify the conclusion of the requested sale. The only purpose of this communication is to inform the sender of the order that WARTEX is working on fulfilling the request. It is subject to the availability of the desired items or to any of the impediments listed below under this point II.
In the event that the online order cannot be fulfilled, WARTEX will be obliged to cancel the order in whole or in part, without being held responsible in any way.
Orders can only be executed for residents of Switzerland or Liechtenstein, at their delivery addresses in Switzerland or Liechtenstein.
The placement of an order on the website implies the indication by the sender of various personal data, which benefit from the protection indicated under point VII. below.
WARTEX reserves the right to take civil and criminal action in the event of false information.
The goods in the Site's assortment are intended for retail sale.
WARTEX reserves the right, at its sole discretion, to refuse to conclude a sale (in particular if the intended purchase appears to be intended for resale to third parties) or, if necessary, to limit the maximum deliverable quantity per item and per customer.
WARTEX may also refuse or suspend its acceptance of an order without giving reasons. However, such situations will only occur in special circumstances, with WARTEX being the sole judge of the appropriateness.
III. Price and Payment
The price of the items available for sale is stated in Swiss Francs (CHF) and includes all relevant taxes (VAT).
WARTEX reserves the right to change prices at any time.
In principle, the price for the same item is the same in all stores, as well as on the WARTEX online sales sites. This is subject to promotional actions that may occur separately, either only on the Site or in the stores.
In all cases, the applicable price is the one in force for the sale via the relevant distribution channel (i.e.: the price of the day at the relevant store, or the price of the day of the internet transaction on the relevant site) - and this irrespective of a possible price difference for the same item if it was purchased via the other distribution channel.
Packaging and shipping costs are the sole responsibility of WARTEX.
B. Methods of payment:
On the webite, WARTEX accepts the following payment methods:
- by means of various debit or credit cards recognized by its electronic payment terminals (MasterCard, Visa, American Express, Postcard);
• by means of PayPal ;
• by means of TWINT;
• by payment by invoice. The invoice is enclosed with the shipment of the corresponding order. It must be paid within 15 days of the date of issue.
Payment by invoice is limited to orders of up to CHF 1,000 and is subject to a successful credit check by WARTEX. The customer must have expressly authorized the credit check when ordering by invoice. The credit check is carried out on solutions provided by service providers with the aim of combating fraud. WARTEX reserves the right to refuse the payment by invoice method for any order without giving reasons.
For all electronic payments, the transmitted data is encrypted and secured in accordance with the recommendations of our service providers, which are SIX Payment Services for credit and debit cards and TWINT, and PayPal Pte Ltd. for PayPal.
In addition, see also point VII below. Protection of Personal Data.
IV. Delivery - Receipt of ordered items
The delivery address must be within Switzerland or Liechtenstein.
The delivery is handled, in general, within 5 to 10 working days from the date of receipt of the order.
Claims for any delay are impossible.
B. Receipt of the ordered items
It is the customer's responsibility to check the contents of the package containing the order upon receipt.
In the event of a complaint, all documentation and the item in question must be kept in its original packaging - see below VI. Return of articles, point C. Conditions.
WARTEX customer service should be contacted immediately at the following address
(Monday to Friday, 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm)
V. Warranty in case of defects
A. Defects in the purchased item
The items offered by WARTEX both in the stores and on the Site benefit from the high level of quality expected from the brand "Nessuno". The quality of the items is checked by WARTEX upon receipt from the suppliers.
If, however, an item purchased from WARTEX should have a defect, i.e. an anomaly due to a manufacturing error, or an incident of transport or storage, Articles 197 et seq. of the Swiss Code of Obligations are applicable.
B. Procedure to be followed in the event of a defect
In the event of a complaint due to a defect in the above sense, the following procedure must be followed
• The customer is legally obliged to examine the purchased item without delay after purchase and any defects must be reported to WARTEX as soon as they are discovered, otherwise the item is considered accepted;
• If a defect in the legal sense is indeed to be found, it will be remedied in accordance with the provisions of the law (refund of the price or its reduction depending on the circumstances). Any return of the goods to WARTEX must take place in accordance with the procedure set out in point VI. RETURNS OF ITEMS below;
• For situations where a defect is objectively undetectable at first, the warranty claim can be exercised up to two years from the date of purchase of the defective item - provided that the above procedure (including immediate reporting of the hidden defect to WARTEX upon discovery) is strictly followed.
VI. Returns of items
• Apart from returning goods to WARTEX in situations provided for by law, WARTEX, at its sole discretion, also grants its customers the possibility to cancel their purchase;
• Any item may be returned by mail or brought back to the store where it was purchased;
• All items may be returned by mail or to the store where they were purchased; the return by mail is at the expense of the customer who also bears the shipping risk. Regardless of the reason for the return, the conditions set out under VI.B. and VI.C. below must be observed.
B. Time limit
The return of goods is only possible up to the 14th day from the date of invoice.
In all cases of return (in store or by post), the following conditions must be respected.
• The invoice document must be enclosed with the returned goods. The reason for the return is mandatory and must be explained in a letter to WARTEX;
• The item must be sent in its original packaging, which has been kept in a suitable condition - see above article IV.B. Receipt of ordered items.
• The returned item must be absolutely new and undamaged (unworn, unwashed), and still have all its original tags.
D. Sale items
The return conditions described under VI.B. and VI.C. above also apply to discounted items.
E. WARTEX's discretion
WARTEX reserves the right to refuse any goods which it deems, in its sole discretion, do not meet the above return criteria.
• As far as WARTEX considers that the above conditions for return are met, the returned item can be refunded or exchanged (in store) according to the customer's request;
• The refund will be made in the same payment method as the one selected at the time of ordering. Depending on the method of payment selected, this refund will be effective no later than two working days after receipt by WARTEX of the goods.
• In case of a return of an item paid with a gift card, a new gift card of the same amount will be given or sent to the customer.
• In the case of a partial return of an order on invoice, the price of the returned item will be deducted from the invoice, the balance of which remains due.
VII. Protection of personal data
A. WARTEX's compliance with applicable legislation
WARTEX strictly adheres to the applicable legislation on the protection of customer privacy and the code of conduct of the ASVPC (Swiss Mail Order Association).
B. Internal procedures
• In order to use some of the services offered by WARTEX, especially to make a first purchase on the Internet, the customer must create an account that he can modify or delete at any time. Personal information must be filled in accurately. Without this information WARTEX cannot process orders.
• All personal information registered on the site (address, purchases) are treated as strictly confidential.
• At any time, the customer can change or delete personal information (address, purchases etc.) by going to the site under the headings "My account" and "My personal information".
• The banking information concerning its customers is never in the possession of WARTEX, the transactions being carried out directly and securely by its payment partners - see above under point III.C. SECURITY.
• WARTEX uses permanent cookies. They serve only to record the customer's transactions, to facilitate future visits to our site and future orders and to adapt the offer to the customer's taste. Cookies can be enabled in the security settings of the web browser used.
• WARTEX uses user data via Google Analytics in an anonymous way in order to obtain analyses on the use of its website. Google Analytics is only used for WARTEX's internal market research, to adapt the organization of its website to the needs of its customers.
• WARTEX does not pass on any customer information to third parties, with the sole exception of service providers who assist WARTEX in the execution of online sales or who perform statistical analyses on its behalf. For each of these service providers, this disclosure of information is only to the extent strictly necessary for the performance of the task entrusted to it by WARTEX: processing of orders or payments, deliveries, credit checks or statistical analyses. These service providers are themselves subject to the legislation on the protection of personal data.
VIII. Reservation of title
The ordered items remain, after their delivery and until their full payment, the property of WARTEX which may, in case of default of payment, require their return in their original condition and reserves the right to initiate any proceedings and claims for damages.
IX. Changes to these GTC
WARTEX se réserve le droit de modifier en tout temps les présentes conditions générales de vente. Toute version modifiée entre en vigueur à la date indiquée au présent article.
Version actuelle : Mai 2021