TERMS AND CONDITIONS
GENERAL CONDITIONS OF SALE ON LINE
Premises
These general conditions of sale apply to purchases made through the website www.hm4x4.com by Consumers and/or Professional Buyers, defined and identified as follows.
Depending on the buyer - consumer or professional buyer - who will finalize the contract will apply different rules and regulations, as better specified below.
General Provisions
(Identification of the Supplier)
The conditions set out below are effective exclusively between the individual company "Facto srl" with registered office in Palermo, VAT number 06946260822 (hereinafter referred to as the "Seller") and any person (natural person) (hereinafter referred to as the "Customer") who makes purchases online on the website www.hm4x4.com, in accordance with the provisions of the Consumer Code, referred to in Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003, regarding electronic commerce.
These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force.
Article 1
Definitions
1. The Seller is "Facto srl" with registered office in Palermo, VAT number 06946260822, which acts in the exercise of its entrepreneurial and commercial activity and promotes the sale of its products through the mechanism of distance contracts, through the platform www.hm4x4.com in accordance with these General Conditions of Sale On Line;
1.1. The professional Buyer is the free-lance professional or the legal person who, by means of an appointed and authorized natural person (legal representative, employee, collaborator) interacts with the e-commerce platform and concludes a contract of sale on line, in the exercise of his/her own entrepreneurial and commercial activity;
1.2. The consumer is the natural person acting for personal and non-professional purposes, unrelated to his business, trade, craft or profession, as defined in art. 3, paragraph 1, letter. a), of Legislative Decree no. 6 September 2005, n. 206 (Consumer Code): "consumer or user: the natural person acting for purposes unrelated to his business, trade, craft or profession;
1.3. User means the visitor to the platform that interacts with the functions of the site: the notion includes both the consumer and the professional buyer;
1.4. Consumer Code means the D. lgs. September 6, 2005, n. 206 (Consumer Code) and subsequent amendments and additions;
1.5. The Contract or Contract of Sale is the contract of sale having as its object the movable goods present on the e-commerce portal that is concluded between the Seller and the professional Buyer and/or the Consumer, within a system of sale through telematic instruments, organized by the Seller;
1.6. Parties shall mean the Seller and the Consumer or the Seller and the Professional Buyer;
1.7. Portal or Platform or Website means the website www.hm4x4.com, managed by the Seller, through which the online purchase contract is finalized.
Article 2
Object of the contract
2. With this contract, respectively, the Seller sells and the Buyer buys at a distance through telematic tools the tangible movable goods indicated and offered for sale on the site www.hm4x4.com.
2.1. The purchasable products are in the site divided for category of affiliation: the User will be able to carry out the search selecting the various buttons in the menu positioned in the high section of the website, corresponding to the various categories: by selecting a category, the User will be able to visualize the various articles in the chosen category;
2.2. For each article inserted in the Portal there is a product sheet that contains: product title, representative images, a possible technical sheet and a description of the main characteristics of the product. These indications will then be summarized at the time when the user, by clicking on the icon "cart", displays the "contents of the cart" and the products placed therein: clicking on each product the user can again access the complete product sheet of the article before making any purchase. The improvements made to the various articles in the production phase may also not appear, since by definition they are all-round benefits, which do not require continuous updating of the descriptive text of the article or image;
2.3. The User is aware that all the information provided on the Portal and in particular the images in the product sheet are of a general nature and are made available for information purposes only, to allow the identification of the item: any images or colors of products offered for sale may have different effects in the real vision of the good. These possible dissonances may be related to the effects of the Internet browser, the monitor used or the settings of the monitor itself (brightness, contrast, quality and type of printer in use etc. etc.);
Art. 3
Contract stipulation procedures
3. The contract between the Seller and the User is concluded exclusively through the Internet by the User's access to the website www.hm4x4.com, where, following the procedures indicated, he will finalize the proposal for the purchase of goods referred to in paragraph 2 of the preceding article.
Art. 4
Conclusion and effectiveness of the contract
4. The purchase contract is concluded by the exact compilation of the request form and the consent to the purchase expressed through the accession sent online or by filling out the form / form online at https://www.hm4x4.com/it/order/checkout and the subsequent sending of the form, always after viewing a web page summary of the order in which are given the details of the ordering party and the order, the price of the goods purchased, the shipping costs and any additional charges, the terms and conditions of payment, the address where the goods will be delivered.
4.1. In the moment in which the Seller gets the order from the User, it provides to send a confirmation e-mail or to visualize a web page of confirmation and summary of the order, in which are also reported the data mentioned in the previous point.
4.2. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
4.3. The Seller commits himself to describe and present the articles sold on the site in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the site and the real product. Moreover, the photographs of the products presented on www.hm4x4.com do not constitute a contractual element, as they are only representative.
Art. 5
Methods of payment and reimbursement
5. Any payment by the User may only be made by one of the following methods:
- Bank transfer, to be made in advance by the User. By choosing this type of paymen, the actual preparation of the goods will take place only after receipt of the bank accounting indicating the crediting of the amount on our account;
- Paypal
5.1. Any eventual reimbursement to the User will be credited through one of the modalities proposed by the Seller and chosen by the User, in a timely manner and, in case of exercise of the right of withdrawal, as disciplined by the art. 13, of the present contract, at the most within 30 days from the date in which the Seller became aware of the withdrawal itself.
5.2. All communications relating to payments take place on a special line protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
Art. 6
Delivery times and modalities
6. The Seller will deliver the selected and ordered products, according to the modalities chosen by the User or indicated on the website at the moment of the offer of the goods, as confirmed in the e-mail as per point 4.1.
6.1. The timing of the shipment may vary from the day after the order to a maximum of 14 working days from the confirmation of the same. In the event that the Seller is not able to make the shipment within that period, it will be given timely notice to the User.
Orders will be processed within the limit of the stock in the warehouse, should some products not be available, the Seller reserves the right, if it is considered tolerable for the customer, to make a partial delivery and the simultaneous issuance of a discount voucher that the user can use and / or refund of goods not available. In the event that, for supply problems not attributable to it, fails to ship the ordered product, it reserves the right to terminate the contract. In this case, the Seller will immediately inform the customer by proposing a product with similar characteristics. If a replacement product cannot be found or the customer refuses delivery of the proposed item, the Seller will issue a refund of all services already paid by the User.
6.2. The mode and time of shipment are clearly indicated and well highlighted at https://www.hm4x4.com/it/spedizioni-recessi.
Art. 7
Prices
7. All sales prices of the products displayed and indicated on the website www.hm4x4x.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
7.1. The sale prices, referred to in the previous point, are inclusive of VAT and any other tax. Shipping costs and any additional charges, if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the User and also contained in the web page summary of the order placed.
7.2. The User accepts the right of the Seller to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time of creating the order and indicated in the confirmation email sent to the User.
In case of computer error, manual, technical, or any other nature that may lead to a substantial change, not foreseen by the Seller, the sale price to the public, making it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the User will be refunded within 14 days from the day of cancellation.
Art. 8
Availability of products
8. The Seller ensures through the telematics system used the processing and fulfillment of orders.
8.1. If an order should exceed the existing quantity in the warehouse, the Seller, by e-mail or telephone number, will inform the User if the good is no longer bookable or what are the waiting times to get the chosen goods, asking if he intends to confirm the order or not.
8.2. The Seller's computer system confirms as soon as possible the registration of the order by sending the User a confirmation by e-mail, pursuant to paragraph 4.1.
8.3 The availability of each product is only indicative, not contractual and can not be attributed to the Seller responsibility in case of unavailability of the same.
If the Customer has purchased a product that is no longer available, he will receive the relative credit note and the refund without losing anything.
Art. 9
Limitations of liability
9. The Seller does not assume any responsibility for inefficiencies attributable to force majeure in the event that it is not able to execute the order in the time provided by the contract.
9.1. The Seller cannot be held responsible towards the User, except in case of malice or serious fault, for inefficiencies or malfunctions connected to the use of the Internet network outside of its own control or that of its subcontractors.
9.2. The Seller shall also not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User being entitled only to a refund of the price paid.
9.3. The Seller does not assume any responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, for the payment of products purchased, if it proves to have taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.4. Under no circumstances will the User be held responsible for delays or misunderstandings in payment if he/she can prove that he/she has made the payment in the time and manner indicated by the Seller.
Art. 10
Liability for defect, proof of damage and compensable damages: the obligations of the Supplier
10. According to art. 114 and following of the Consumers' Code, the Supplier is responsible for the damage caused by defects of the goods sold if he fails to inform the damaged party, within 3 months from the request, of the identity and address of the producer or the person who supplied him with the goods.
10.1. The above request, by the damaged party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to see the product, if it still exists.
10.2. The Supplier shall not be liable for the consequences of a defective product if the defect is due to the conformity of the product with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation did not yet allow the product to be considered defective.
10.3. No compensation will be due if the Damaged Party was aware of the defect of the product and of the danger arising from it and nevertheless voluntarily exposed himself to it.
10.4. In any case, the damaged party will have to prove the defect, the damage and the causal connection between the defect and the damage.
10.5. The Damaged Party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus primarily used by the Damaged Party.
10.6. The damage to property referred to in art. 123 of the Consumer Code will, however, be indemnifiable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387.00).
Discharge of liability
10.7. The client releases the Seller from any civil/penal responsibility deriving from the use of non homologated products purchased here, at the same time stating that he will make the vehicle equipped with said products to be used only for competitive/sporting competitions or for use on closed circuits not open to the public.
Seller's responsibility towards the professional Buyer and limitations
10.8. The professional Buyer commits himself to pay the price of the purchased products in the modalities and according to the terms described above;
10.9. With reference to the purchases perfected through this website by the professional Buyer, the warranty provided by the Seller is only the one related to Business2Business purchases and follows the general applicable rules (art. 1490 and ss. c.c.) and, in particular, operates only in case the product is used in compliance with the uses for which it is intended;
10.10. After eight days from the receipt of the goods by the professional Buyer, no claims will be accepted on the goods ordered and delivered. Complaints can be sent to the following addresses: info@hm4x4.com.
10.11. Returns are not accepted if not authorized and preliminarily accepted by the Seller, e.g. in case of defective product (the presence of the defect must be claimed within 8 days from its discovery). In case of defective product, the Seller will issue a credit note in restitution of the price paid or will replace the product.
Art. 11
Guarantees and methods of assistance
11. The Seller shall be liable for any lack of conformity that becomes apparent within 2 years from delivery of the goods. The warranty applies exclusively to the product that presents a conformity defect as long as it has been assembled and used correctly, in respect of its intended use.
In order to benefit from the assistance under warranty, the Customer must keep and present the fiscal proof of purchase. He will also have to ask the supplier for the appropriate form through which he will be authorized to return. This form must be completed and attached to the product that will be sent to the Seller in the manner indicated in the same. In no case will be accepted returns freight collect.
Unauthorized returns will not be accepted.
11.1. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) they are suitable for the use for which goods of the same type are customarily used; (b) they conform to the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Customer as a sample or model; (c) they have the quality and performance usual for goods of the same type, which the Customer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, in particular in advertising or on labeling; d) are also suitable for the particular use desired by the Consumer and that has been brought to the knowledge of the Seller by the latter at the time of the conclusion of the contract and that the Seller has accepted, also by conclusive facts.
11.2. The Client loses any right if he does not report the conformity defect to the Seller within the term of 2 months from the date in which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.3. In case of lack of conformity, the Client may request the repair or replacement of the purchased goods, a reduction of the purchase price, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.
If a defect is found, the Seller will restore or replace the product purchased by the customer. The delivery costs of the product are charged to the customer.
If no defect is found, the Seller will inform the customer of the reasons. Shipping costs and any verification costs are charged to the customer.
The warranty does not include in any case the technical intervention at the Customer's domicile, does not cover labour costs for the installation and/or disassembly of the goods replaced under warranty, does not include and does not cover any damage caused by the product.
11.4. The request must be made in writing, by registered mail, to the Supplier, who will indicate its willingness to carry out the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, if the Seller has accepted the Customer's request, it will have to indicate the modalities of shipment or return of the good as well as the deadline for the return or replacement of the defective good.
11.5. Should the repair and replacement be impossible or excessively onerous, or should the Seller not have repaired or replaced the goods within the term mentioned in the previous point, the Client may ask, at his choice, for an adequate reduction of the price or the resolution of the contract. In this case, the Customer must send his request to the Seller, who will indicate his willingness to carry out the same, or the reasons that prevent him from doing so, within 7 working days from receipt.
11.6. In the same communication, if the Supplier has accepted the Customer's request, he shall indicate the proposed price reduction. In such cases, it will be the Client's responsibility to indicate the modalities for re-crediting the sums previously paid to the Seller.
Art. 12
Obligations of the Buyer
12. The Customer undertakes to pay the price of the goods purchased in the time and manner indicated in the contract.
12.1. The Customer undertakes, once the online purchase procedure is completed, to print and keep the order. The customer agrees to print and store the invoice that will be sent electronically via the interchange system. Will not be sent hard copies or by email.
12.2. The customer undertakes to provide the Seller with all the data necessary for the conclusion of the sale contract including telephone number and tax code for the issuance of the invoice.
12.3. The information contained in this contract is understood to be, already viewed and accepted by the Customer, who can take vision of the appropriate section of the site "Terms and Conditions".
Art. 13
Right of withdrawal
13. The customer has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.1. In the event that the professional has not met his obligations to provide information on the existence, methods and timing of return or withdrawal of the goods in case of exercise of the right of withdrawal under Article 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of receipt of the goods by the Consumer.
13.2. In the event that the Customer decides to avail himself of the right of withdrawal, he must give notice to the Seller by means of registered mail with return receipt to the address: info@hm4x4.com, provided that such communications are confirmed by registered mail to the address Viale regione siciliana sud est 6350 90124 palermo within 48 (forty-eight) hours. Will be authentic between the Parties the stamp affixed by the post office on the receipt issued. The date of delivery to the post office or forwarding agent shall be deemed authentic between the Parties.
13.3. The return of the good will have to take place within 30 (thirty) days from the date of receipt of the good itself.
The Customer will not have the right of withdrawal in the following cases:
-used product;
-absence of integral elements of the product or product anomalies;
-damage to the product.
The right of withdrawal can not occur for custom products chosen by the customer and even for products expressly ordered by the customer and not in the catalog and in any other case provided for in Article 55 of the Consumer Code.
13.4. The only expenses due by the Customer for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to the Seller, unless the Seller does not agree to bear them.
The Customer is responsible for the decrease in the value of the goods resulting from a manipulation of the same different from that necessary to establish their nature, characteristics and functioning and therefore, in this case
the Seller, in returning the sums paid by the Customer, will assess the actual decrease in value of its goods and the possible cost of storing the goods.
The return of the goods takes place exclusively under the responsibility of the Customer. In case of loss or damage of the goods by the carrier chosen by the Customer, the supplier is not obliged to refund the price.
13.5. The Seller will refund the amount paid by the Customer within 30 (thirty) days from the receipt of the withdrawal notice.
13.6. With the receipt of the communication with which the Customer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Art. 14
Causes of Termination
14. The obligations referred to in paragraph 12, assumed by the Customer, as well as the guarantee of successful completion of the payment that the Customer makes by the means referred to in paragraph 5, and also the proper fulfillment of the obligations assumed by the Seller in paragraph 6, are essential, so that, by express agreement, the failure of only one of these obligations, unless caused by accident or force majeure, will result in the termination of the contract pursuant to art. 1456 Civil Code, without the need for judicial decision.
Art. 15
Protection of confidentiality and treatment of Buyer's data
15. The Seller protects the privacy of its customers and ensures that the processing of data complies with the provisions of EU Reg. 2016/679. The customer can view the privacy policy in the "privacy" section of our website at https://www.hm4x4.com/it/privacy.
Art. 16
Methods of archiving the contract
16. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Customer that every order sent is stored in digital/paper form on the server/at the Seller's premises according to criteria of confidentiality and security.
Art. 17
Communications and complaints
17. Written communications directed to the Seller and any complaints will be considered valid only if sent to the following address: Via Don milani 245 94015 Piazza Armerina (EN) or sent by e-mail to the following address: info@hm4x4.com. The customer shall indicate on the registration form his residence or domicile, telephone number or e-mail address to which he wishes to be sent communications from the Seller.
Art. 18
Settlement of disputes
18. All disputes arising from this contract will be referred to the Chamber of Commerce of Palermo and resolved according to the Rules of Conciliation adopted by the same.
18.1. If the Parties intend to take legal action, the competent court is the one in the place of residence or domicile of the Consumer, pursuant to art. 33, paragraph 2, letter. u) of Legislative Decree 206/2005.
Art. 19
Applicable law and referral
19. This contract is governed by Italian law.
19.1. For what is not expressly provided for herein, the rules of law applicable to the relationships and the cases provided for in this contract shall apply, and in particular art. 5 of the Rome Convention of 1980.
19.2. Pursuant to art. 60 of Legislative Decree no. 206/2005, is hereby expressly referred to the rules contained in Part III, Title III, Chapter I of Legislative Decree no. 206/2005.