GENERAL CONDITIONS FOR THE SUPPLY OF MOBILE TELEPHONE SERVICES (APPLICABLE FROM 01/02/2020)
The contract between Nexyiu Italia Srl («Nexyiu») and the User for the supply of mobile telephony services is made up of the Privacy Notice and these General Conditions («Contract») which are made available to the User before the conclusion of the Contract, on the website www.nexyiumobile. com («Website»).
ARTICLE 1. SERVICE AND USE OF THE SIM
Nexyiu provides the User with access to a prepaid rechargeable mobile telephone service and to additional and / or optional services, as well as access to emergency numbers, within the areas covered by the networks of Nexyiu and its partner operators, through the use of a compatible mobile device and a Nexyiu Mobile SIM («Service»). The networks of Nexyiu Mobile and its partners are shared among all Users. The supply, performance and bandwidth of the Service may vary due, among other things, to the number of users simultaneously connected to the network, the place of use, the device used, the obstacles between the network and the device mobile, and the simultaneous use of different services. To preserve network integrity and security, and avoid congestion, as well as to optimize access to network resources for all Users, Nexyiu will be able to implement, temporarily and in a non-discriminatory manner, some traffic management and resource use procedures. physical networks that may have an impact on browsing speed and / or on the quality of video content. The Service includes the use of data traffic in hotspot mode, by sharing a password. In this case, some sites or areas reserved for the User may be accessible to those using the hotspot. Nexyiu will not be responsible for the incorrect sharing of the access password to the hotspot by the User. Users will be provided with a SIM which will be activated by Nexyiu within the technically necessary time, without prejudice to the possibility of different times if portability of the mobile number is required. In case of purchase on the Website, the SIM is activated by Nexyiu according to a specific procedure within 5 days of receipt of the SIM by the Courier User; after 14 days from the delivery date (as certified by the courier), the SIM will be activated automatically. The SIM is strictly personal and intended exclusively for the use of the Service, in a device for personal mobile communications compatible with the technical standards of the Nexyiu network and its partner operators. The SIM will remain the exclusive property of Nexyiu, and the User will retain the obligation to keep it, also in order to avoid and any use for purposes not permitted or unauthorized by the Contract or by law. Upon delivery of the SIM, the PIN and PUK personal codes of each SIM will be provided to the User, for which the User will be responsible for safekeeping. In case of loss, theft or fraudulent or unauthorized use of the SIM, the User must immediately notify Nexyiu, so as to allow the suspension of the Services or. Nexyiu will provide a new SIM, the cost of which can be charged according to the current rate. The Contract will however remain in force and the fee for the Service will remain due.
ARTICLE 2. CONCLUSION OF THE CONTRACT
Subscription of the Service may be made on the Website by Users over 15 years of age. The User will receive confirmation of the conclusion of the Contract by e-mail. In case of exercise of the withdrawal within the term of the 14 days of rethinking after the Contract has been executed at the request of the User, Nexyiu will charge the User an amount proportional to the Service provided until the moment in which he received the communication of the withdrawal, using the same means of payment used by the User for the initial payment, unless expressly indicated by a different means of payment. If, on the other hand, the withdrawal is exercised within the 14-day delay and in the absence of a request to activate the Service before this deadline, Nexyiu will reimburse any amount paid by the User in relation to the Contract, no later than 14 days from the date on which it received the notice of withdrawal, in the same manner as above. Users can request the portability of the number not connected to a VAT number by another operator to Nexyiu (and the transfer of the residual credit on the new SIM), according to the methods and terms indicated in the General Conditions of the Mobile Number Portability Service, provided at ‘User at the time of the portability request. The portability request involves the termination of the contract relating to the number subject to portability, and the exercise of the right of rethinking above will not determine the automatic restoration of the contract relating to the number brought.
ARTICLE 3. ECONOMIC CONDITIONS
The prices of the Service are indicated in the “Rates” area of the Website. The monthly fee for the provision of the service will be paid, in the 24 hours prior to the renewal of the offer, by automatic debit on the SIM credit of the phone, or with automatic top-up of the telephone credit made directly on the debit card or credit card or on the bank account through SEPA DD or Nexyiu Credits. Users will be able to top up their phone credit through various channels, according to the methods and limits indicated on the website, and will receive confirmation of the successful recharge via SMS. The telephone credit is not subject to any expiration of use and the User will be able to know and its residual amount through the free methods indicated on the Website. If the automatic top-up made by debit or credit card or bank account has not been successful (for any reason), the monthly fee will be charged on the SIM credit. In case of insufficient credit to cover the monthly fee, calls, SMS, MMS and data traffic will be charged according to the basic rates indicated on the website. In the event that credit is not available on the SIM, only incoming call and SMS / MMS services and emergency calls will be available. The cost of any additional and / or optional services (not covered by the monthly fee, including the surcharge services pursuant to the Min. Com.145 / 2006 decree) will be charged on the SIM credit. Calls, SMS, MMS and data traffic exceeding the specified monthly thresholds will be charged to the SIM phone credit according to the basic rates indicated. If, for any reason, the User has used the Services or for an amount greater than the amount charged, Nexyiu may charge the amount corresponding to the additional traffic, without prejudice to any further rights.
ARTICLE 4. USER OBLIGATIONS
The User communicates his exact personal data and information on banking payment instruments to Nexyiu at the time of signing the Agreement, as well as the relative changes for the entire duration of the Agreement. Any use of the Service and / or the SIM which is not compliant (in whole or in part) with their characteristics, functions and / or purposes, or in violation of any legislation or contractual obligation, including the following uses of the SIM, is strictly prohibited: internal of devices that are not intended for use of the service for personal purposes; fraudulent or illegal use, or with fraudulent or illegal purposes; use for purposes other than personal communications; use for automatic or continuous selection of numbers; use, free of charge or for consideration, as a re-routing, connection or resale of traffic tool (voice calls, SMS or data); use through radio units; sending unwanted messages (spam), and any other harassment or abuse towards third parties.
ARTICLE 5. QUALITY OF SERVICE – LIABILITY OF Nexyiu
The Service Charter indicates criteria and standards of quality of service to which Nexyiu complies and the compensation in the event of non-compliance. Activities aimed at improving or maintaining the quality of the Service (such as updating, repair and maintenance) could lead to a temporary interruption of the Service, promptly communicated to Users (unless this is not possible). Nexyiu will not be liable for any damage, of any kind, suffered by the User as a result of events that are not attributable to Nexyiu, or that have been caused by force majeure or unforeseeable circumstances, including cases of (i) transmission disturbed by external factors , interference, obstacles or climatic conditions; incorrect use of the mobile device by the User; (iii) incompatibility between the SIM and the mobile device used by the User (even if not enabled or illegitimately modified); (iv) application of administrative or judicial rules and measures; (v) malfunctions, breakdowns and technical problems not attributable to Nexyiu.
ARTICLE 6. DURATION AND WITHDRAWAL
The Contract will take effect from the day it was accepted by the User and its duration is indicated in the Price Brochure. The User can withdraw from the Contract, at any time and at no cost, through a communication of withdrawal sent, with at least 30 days’ notice and together with personal data, telephone number and copy of an identity document, by written communication to : Nexyiu Italia Srl, Piazzale Vittorio Veneto, 40 37012 Bussolengo VR (both from Italy and abroad) or through the Personal Area of the Website.
ARTICLE 7. SUSPENSION AND TERMINATION
Nexyiu may suspend the Service, in whole or in part, by giving prior notice by any means, and without refunds or compensation being due in the event of: violation by the User of any legal or contractual obligation relating to articles 1, 3 and 4; use of the Service or SIM by the User which is fraudulent or illegal (also with reference to an abnormal or disproportionate level of traffic in relation to the habits, characteristics or nature of the User), or which in any case produces damage or prejudice, of any nature and type, to the Nexyiu network or its partner operators; untruthful declarations, identity theft, or failure to correct inaccurate personal data by the User; failure to pay fees for the provision of the Service (unless a formal complaint has been submitted pursuant to art. 8, and until Nexyiu has responded to this complaint); failure or incorrect communication to Nexyiu, or failure to update, of the personal data and bank details by the User. Upon prior notice communicated by any means, Nexyiu may terminate the Contract, without refunds or compensations of any kind, if the causes of suspension have not been resolved within a period of 7 days from the suspension of the Service.
ARTICLE 8. COMMUNICATIONS AND COMPLAINTS
Users can request assistance or information, as well as submit complaints and reports, by contacting the Nexyiu User Service at number 177 (free from the Nexyiu network and subject to the applicable rate for calls from another operator) or, if abroad, at +39 351 8995177 (cost dependent on international roaming tariff) or by writing to Nexyiu Italia SpA, CP 14106, 20146 Milan, fax +39 02 30377960 (both from Italy and from abroad). Nexyiu undertakes to respond to any complaint / report within 45 days of its receipt. In the event of (i) activation of the voice service late compared to the standards indicated in the Service Charter, and (ii) suspension or termination of the service without notice, you can automatically obtain the compensation indicated in the Service Charter, by simply reporting the delay or the disservice, which will be verified by Nexyiu within 45 days. In all other cases, it will be necessary to file a specific complaint with an explicit request for compensation. The procedures for requesting and granting additional compensation are also shown in the Service Charter. If not satisfied with the outcome of the complaint / report, Users will be able to promote the attempted conciliation free of charge at Co.Re.Com. territorially competent (list and addresses available on the AGCOM website https://www.agcom.it/el enco-dei-co.re.com.- and related addresses), according to the procedures provided for by the applicable regulation (AGCOM resolution 203 / 18 / CONS and subsequent amendments) also illustrated on the AGCOM website https://www.agcom.it/procedura- of conciliation, or before the Chambers of Commerce or bodies for out-of-court settlement of disputes, pursuant to art. 141 ss. of the Consumer Code.
ARTICLE 9. CONTRACTUAL AMENDMENTS
Nexyiu reserves the right to make changes to the Contract, including the economic conditions which (with the express exclusion of those relating to the offers explicitly applied “Forever”) for the following justified reasons and in a proportionate manner: i) supervening technical, economic or organizational (also with reference to changes and interventions on the network or commercial structures); ii) changes in the reference regulatory and regulatory framework that affect the economic balance and / or significantly on organizational aspects; iii) need to ensure the correct and efficient use of the Service and the SIM. The User will be promptly informed of the contractual changes envisaged and the related reasons also by e-mail, SMS and / or notice on the Website. The contractual changes will become effective after 30 days from the date on which they were communicated to the User who, within the same term, will be able to withdraw from the Contract (even asking for portability) without deactivation costs. In case of failure to communicate the withdrawal within the aforementioned 30-day period, the contractual changes will be deemed accepted by the User.
ARTICLE 10. APPLICABLE LAW AND COMPETENCE
The Contract is governed by Italian law. In case of disputes, after the mandatory conciliation attempt pursuant to art. 8, the User may appeal to the judicial authority. In this case, the Court of Milan will have exclusive mandatory jurisdiction, except in the cases in which the User holds the status of consumer pursuant to art. 3 of the Consumer Code (Legislative Decree 206/2005), in which case the regulations on territorial jurisdiction provided for by the Consumer Code are applicable.
Nexyiu Italia Srl Via Diaz, 2 – 37121 – Verona registered in the Verona Company Register under no. VR – 435181 – Tax Code and VAT number 04616460236
Nexyiu reserves the right to limit the number of Products that can be purchased by each User. These general conditions may be modified by Nexyiu, in compliance with the limits of the law, due to technical, economic or organizational needs, or for changes in the reference regulatory and regulatory framework.
2. CONCLUSION OF THE CONTRACT
The User must request the purchase of the Product by placing an online order on the www.nexyiumobile.com site (“Site”). In order to proceed with the order, the User must have a valid e-mail address, necessary to receive Nexyiu’s acceptance of the order sent by e-mail. By confirming their order, the User declares to have received full knowledge and to accept all the characteristics of the Product (such as brand, model, color, technical and functional characteristics) indicated on the Site and in the Product Sheet, as well as the conditions of the Contract, which can be consulted on the Site before confirming the order. The Contract is considered concluded with the acceptance of the order by Nexyiu, which may take place in writing or with the delivery of the Product pursuant to art. 1327 of the Italian Civil Code. The User is responsible for the truthfulness of the information provided during the order. Nexyiu reserves the right to
(a) to acquire additional information, in particular on the User’s creditworthiness, insolvency risks, credit protection and fraud control, also through third parties, and
(b) not to conclude the Contract in the event of a negative outcome of these checks.
3. PRODUCT DELIVERY
Nexyiu undertakes to deliver the Product to the User’s home (provided it is located in the Italian territory), within 30 days of the confirmation of the order by the User and subject to the successful payment of the product. Upon delivery of the Product, the User is required to check for any anomalies in the state of the packaging of the Product (for example, signs of damage, tampering or alterations), of damage to the Product caused by the state of the packaging or resulting from the transport, or incompleteness (even partial) of the contents of the packaging. In the presence of one of these problems, the delivery of the Product must be refused and the problems detected must be immediately reported to the courier by specific indication on the transport document or by sending a registered letter with return receipt to the courier in the three days following the attempt to deliver the Product (in this case, a copy of the registered A / R must be sent to Nexyiu to the contacts referred to in art. 8). Only if one of the aforementioned problems is not detectable at the time of delivery, it must be reported by the User to Nexyiu, through the User Service, to the contacts referred to in art. 8, within the maximum term of 5 days from the delivery of the Product.
4. METHODS AND TERMS OF PAYMENT
The fee (including VAT) and other economic conditions for the purchase of the Product (including shipping costs) are indicated on the Site before the confirmation of the order by the User. The payment of the total amount due is made by the User in a single solution by credit or debit card, bank transfer or Nexyiu Credits. The invoice is sent to the User via e-mail.
5. FAILURE TO PAY
In the event of failure, for any reason, of payment of the total or part of the sums due by the User in relation to the purchase of the Product within 15 days of the conclusion of the Contract, Nexyiu reserves the right to terminate the Contract pursuant to art. 1456 of the Italian Civil Code by written communication sent to the User. For the hypothesis of default provided by this article, if the Product has already been delivered to the User, Nexyiu also reserves the right, upon written communication, to block the relative IMEI code of the Product which, consequently, cannot be used Network. Nexyiu will unblock the IMEI code within 5 working days from the full payment of the sums due by the User, without prejudice to the application of any interests indicated during the purchase.
6. RIGHT TO RETIREMENT
In the case of contracts concluded remotely (also online) or outside commercial premises, the User will have a 14-day cooling off period from delivery of the Product (as certified by the courier), within which he can withdraw from the Contract by sending a explicit declaration of his intention to withdraw by writing to Nexyiu Italia Srl Piazzale Vittorio Veneto, 40 – 37012 Bussolengo (VR), or via Pec to email@example.com. In case of exercise of this withdrawal, the User is required, at his own expense and at the risk of losing the Product, to return the Product to Nexyiu in the condition in which it was delivered and complete with all accessories, within 14 days from the date of communication of the withdrawal, by sending by registered mail with return receipt addressed to Nexyiu Italia Srl c / o Piazzale Vittorio Veneto, 40 – 37012 Verona VR. Nexyiu, having checked the conditions of the Product, the presence of all the accessories and the correspondence of the IMEI code on the package with that indicated on the Product, will refund any amount paid by the User in relation to the Contract, no later than 14 days from the date of receiving the notice of withdrawal. Nexyiu reserves the right not to reimburse the amount referred to in this article until the return of the Product by the User or the demonstration of the shipment, and in any case until the verification of the existence of all the conditions indicated above.
For the period of 24 months from the delivery date, the Products are covered by the legal guarantee of conformity in the event of defects, defects or malfunctions existing at the time of delivery of the Product and not attributable to inexperience, negligence, carelessness in the use or conservation of the Product, and provided that the Product has been used in accordance with the instructions for use and maintenance available on the manufacturer’s website or in the packaging and that no modifications or repairs have been made by unauthorized persons on the Product, also with reference to the software of the product. Any defect of conformity must be reported by the User to Nexyiu within two months of its discovery, according to the methods indicated in art. 8. In the presence of a defect of conformity, the User has the right to obtain the repair or replacement of the Product at no cost, unless the requested remedy is impossible or excessively expensive, also considering the extent of the defect and the value of the Product . Only in a residual way, the User has the right to have a sum back, commensurate with the residual value of the Product, against its return. The aforementioned legal guarantee is provided by Nexyiu through the authorized assistance centers that will be indicated by the User Service, and to which the User must deliver or send the Product in the original package and complete with all accessories. In the event that the conditions for an intervention on the Product pursuant to this article do not exist, Nexyiu may charge the User a specific cost for the intervention carried out. In addition to the legal guarantee of conformity, the Product can also be covered by a conventional manufacturer guarantee, which in any case does not replace or limit the legal guarantee of conformity.
Users can obtain assistance or lodge complaints through the Site or by contacting the Nexyiu User Service via e-mail firstname.lastname@example.org.
9. THEFT OR LOSS
In the event of theft or loss of the Product, the User must promptly inform Nexyiu by sending the appropriate form available in the Forms section on the Site through the methods referred to in art. 8. Nexyiu will enter the IMEI code of the Product in the register of stolen and lost terminals (EIR – Equipment Identity Register) in order to inhibit, where technically possible, the functioning of the Product on the network.
10. APPLICABLE LAW AND JURISDICTION
The Contract is governed by Italian law. The Court of Milan has exclusive jurisdiction over all disputes arising from the Contract, except in cases where the User qualifies as a consumer pursuant to Article 3 of the Consumer Code (Legislative Decree 206/2005), in this case, the regulations on territorial jurisdiction provided by the Consumer Code are applicable.
11. PROTECTION OF PERSONAL DATA