TERMS AND CONDITIONS
GENERAL ONLINE SALES CONDITIONS
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 purchaser - consumer or professional buyer - who will complete the contract different rules and regulations will be applied, as specified further below.
The conditions indicated below are effective exclusively between the individual company "Nuova luce di Rosa Limuti" with registered office in Piazza Armerina (EN), Via Don Milani 245, registered at the Chamber of Commerce of Enna at REA no. EN-59028 of the Register of Companies, tax code LMTRSO53E46G580P, VAT number 01096140866 (hereinafter referred to as "Seller") and any (physical) person (hereinafter referred to as "Customer") who purchases online on the website www.hm4x4. com, in accordance with the provisions of the Consumer Code, pursuant to Legislative Decree no. n. 206/2005, amended by Legislative Decree no. n. 21/2014 and by the Legislative Decree. 70/2003, in the field of 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.
1. The Seller is Nuova Luce di Rosa Limuti with registered office in Piazza Armerina (EN), Via Don Milani 245, registered at the Chamber of Commerce of Enna at REA no. EN-59028 of the Business Register, tax code LMTRSO53E46G580P, VAT number 01096140866, which acts in the exercise of its business and commercial activities and promotes the sale of its products through the mechanism of distance contracts, through the platform www.hm4x4 .com in compliance with these General Terms and Conditions of Online Sales;
1.1. The Professional Buyer is the freelance professional or legal person who, through an authorized and authorized natural person (legal representative, employee, collaborator) interacts with the e-commerce platform and concludes an online sales contract, in the exercise of the own business and commercial activity;
1.2. The Consumer is the natural person who acts for personal and non-professional purposes, unrelated to entrepreneurial, commercial, craft or professional activity carried out, as defined in accordance with art. 3, paragraph 1, lett. a), of Legislative Decree 6 September 2005, n. 206 (Consumer Code): "consumer or user: the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out";
1.3. By User we mean the visitor of the platform that interacts with the functions of the site: the concept includes both the Consumer and the Professional Buyer;
1.4. By Consumer Code we mean 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 concerning the movable goods present on the e-commerce portal that is concluded between the Seller and the Professional Buyer and / or the Consumer, as part of a sales system through electronic tools. , organized by the Seller;
1.6. By "Parties" means the Seller and the Consumer or the Seller and the Professional Buyer;
1.7. By Portal or Platform or Website we mean the website www.hm4x4.com, managed by the Seller, through which the online purchase contract is perfected.
Object of the contract
2. With this contract, respectively, the Vendor sells and the Purchaser remotely acquires the tangible movable property indicated and offered for sale on the website www.hm4x4.com via telematic means.
2.1. The products that can be purchased are included in the site divided by category: the user can search by selecting the various buttons in the menu located on the left of the site, corresponding to the various categories: by selecting a category the user can view the various items in the chosen category;
2.2. For each item included in the Portal there is a product sheet that shows: product title, representative images, a possible technical data sheet and a description of the main characteristics of the product. These indications will then be summarized when the user, by clicking on the "cart" icon, displays the "contents of the cart" and the products entered there: by clicking on each individual product, the user can access the complete product same article before making any purchase. The improvements made to the various articles during the production phase may also not appear, as by definition they improve the performance of the product, and therefore do not require a 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 on the product page are of a general nature and are made available for information purposes only, to allow identification of the article: any images or colors of the products offered for sale could 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.);
Method of stipulation of the contract
3. The contract between the Vendor and the User is concluded exclusively through the Internet through the User's access to the address www.hm4x4.com, where, following the procedures indicated, will arrive to refine the proposal for the purchase of the goods referred to in paragraph 2 of the previous article.
Conclusion and effectiveness of the contract
4. The purchase contract is concluded by the exact completion of the application form and the consent to the purchase manifested through the adhesion sent online or by completing the form / form online at http: // www. hm4x4.com/HM4X4Shop/shopping_cart.phpe the subsequent submission of the form, always after viewing a web page summary of the order in which are listed the details of the ordering and ordering, the price of the purchased good, expenses shipping and any additional charges, payment methods and terms, the address where the goods will be delivered.
4.1. When the Seller receives from the User, the order sends a confirmation e-mail or the display of a web page confirming and summarizing the order, which also includes the data referred to in the previous point .
4.2. The contract is not considered perfected and effective between the parties in defect of what indicated in the previous point.
4.3. The Seller undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.hm4x4.com do not constitute a contractual element, as they are only representative.
Method of payment and reimbursement
5. Each payment by the User may be made only by one of the following methods:
- Cash on delivery, with payment by cash to be made to the courier who delivers the product. In no case will the Seller accept cash on delivery payments by bank check.
- Advance bank transfer by the User. Choosing this type of payment the actual departure of the goods will take place only after receiving the bank accounts indicating the credit of the sum on our account (usually 2/3 working days);
5.1. Any refund to the User will be credited by one of the methods proposed by the Seller and chosen by the User, in a timely manner and, in the event of exercising the right of withdrawal, as governed by art. 13 of the present contract, at the latest within 30 days from the date on which the Seller became aware of the withdrawal.
5.2. All communications relating to payments are made on a specific line of the User 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 the current regulations on the protection of personal data.
Times and methods of delivery
6. The Seller will deliver the selected and ordered products, in the manner chosen by the User or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.1
6.1. Delivery times may vary from the day of the order to a maximum of 7 working days from the confirmation of the same. In the event that the Seller is not able to make the shipment within this period, the User will be promptly notified.
Orders will be processed within the limit of the warehouse stock; if not all products should be available, the Seller reserves, if it considers it tolerable for the customer, to make a partial delivery at his expense. In the event that, due to problems of supply not attributable to it, can not send the product ordered, reserves the right to terminate the contract. In this case the Seller will immediately inform the customer proposing a product with similar characteristics. If a replacement product is not found or the customer refuses the delivery of the proposed item, the Seller will immediately issue a refund for all the services already paid by the customer.
6.2. The methods and delivery times are clearly indicated and well highlighted at https://www.hm4x4.com/en/shipments-returns.
7. All sales prices of the products displayed and indicated on the website www.hm4x4x.com are expressed in euro and constitute an offer to the public pursuant to art. 1336 c.c.
7.1. The sales prices, referred to in the previous point, include VAT and any other tax. Shipping costs and any additional charges, if any, even if 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 summary web page of the order placed.
7.2. The User accepts the Seller's right to change his prices at any time, however the goods will be invoiced on the basis of the prices indicated on the website at the time the order is created and indicated in the confirmation e-mail sent to the User.
In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change, not foreseen by the Vendor, of the public sale price, which makes it exorbitant or clearly ridiculous, the purchase order will be considered invalid and canceled and the amount paid by the User will be reimbursed within 14 days. from the day of cancellation.
Availability of products
8. The Seller ensures the processing and fulfillment of orders without delay through the telematic system used.
8.1. Should an order exceed the existing quantity in the warehouse, the Seller, by e-mail or telephone number, will inform the User if the goods can no longer be booked or what are the waiting times for obtaining the good chosen, asking if confirm the order or not.
8.2. The information system of the Seller confirms as soon as possible the registration of the order by sending the User a confirmation by e-mail, according to point 4.1.
8.3 The availability of each product is only indicative, it is not contractual and can not be attributed to the Seller liability in case of unavailability of the same.
If the Customer had purchased a product that is no longer available, he will receive the relevant credit note and refund without losing anything.
Limitations of responsibility
9. The Seller assumes no responsibility for disruptions due to force majeure if he fails to execute the order within the time stipulated in the contract.
9.1. The Seller can not be held liable to the User, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside the control of his own or his subcontractors.
9.2. The Seller will not be liable for damages, losses and costs suffered by the User as a result of the non-execution of the contract for causes not attributable to him, having the User only entitled to full refund of the price paid and any additional charges incurred .
9.3. The Seller assumes no responsibility for any fraudulent and 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 the precautions possible based on the best science and experience of the moment and on the basis of ordinary diligence.
9.4. In no case will the User be held responsible for delays or errors in the payment if he proves to have made the payment in the times and methods indicated by the Seller.
Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
10. Pursuant to articles 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects of the goods sold if he fails to inform the Damaged, within 3 months from the request, the identity and domicile of the manufacturer or of the person who supplied the good .
10.1. The aforementioned request, by the Damaged, must be made in writing and must indicate the product that caused the damage, the place and date of the purchase; must also contain the offer in view of the product, if it still exists.
10.2. The Supplier can not be held responsible for the consequences derived from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer he put the product in circulation, it still did not allow to consider the defective product.
10.3. No compensation will be due if the Damaged has been aware of the defect of the product
10.4. In any case, the Damaged must prove the defect, the damage, and the causal connection between defect and damage.
10.5. The Damaged 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 normally intended for private use or consumption and thus mainly used by the Damaged.
10.6. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387.00).
Discharge of responsibility
10.7. The customer frees the Seller from any civil / criminal liability arising from the use of non-approved products purchased here, at the same time stating that it will make the vehicle equipped with these products a use intended solely for competitive / sporting competitions or for closed circuit applications not open to the public.
Seller's responsibility towards the professional Buyer and limitations
10.8. The professional Buyer undertakes to pay the price of the products purchased in the manner and according to the terms described above;
10.9. With reference to purchases made through this website by the Professional Buyer, the warranty provided by the Seller is only that relating to Business2Business purchases and follows the applicable general rules (Article 1490 and subsequent articles of the Civil Code) and, in particular, only operates only in the case in which the product is used in compliance with the uses for which it is intended;
10.10. After eight days from 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: Nuova Luce di Rosa Limuti Via Don Milani 245, 94015 Piazza Armerina Enna, 0917862244, email@example.com.
10.11. We do not accept returns if not authorized and accepted beforehand by the Seller, example in case of defective product (the presence of the defect must be asserted within 8 days from discovery). In case of defective product the Seller will issue a credit note in return of the price paid or will replace the product.
Guarantees and methods of assistance
11. The Seller is liable for any lack of conformity that occurs within the period of 2 years from delivery of the goods. The warranty applies only to the product that has a lack of conformity as long as it has been assembled and used correctly, respecting its intended use.
To use the warranty service, the Customer must keep and present the tax 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 according to the methods indicated in the same. In no case will they be accepted returned in assigned port.
Unauthorized returns will not be accepted.
11.1. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use to which goods of the same type are normally used; b) comply with the description made by the Seller and possess the qualities of the good that the Seller has presented to the Customer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Customer can reasonably expect, taking into account the nature of the asset and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, producer or his agent or representative, in particular in advertising or on labeling; d) are also suitable for the particular use intended by the Consumer and that it has been brought to the attention of the Seller at the time of conclusion of the contract and that the Seller has accepted also for conclusive facts.
11.2. The Customer loses all rights if he does not denounce the lack of conformity to the Seller within a period of 2 months from the date on which the defect was discovered. The denunciation 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 Customer may request, alternatively and without charge, the following conditions, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request it is not objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.
If a defect is found, the Seller will provide for the resumption or replacement of the product purchased by the customer.The costs of delivery of the product are charged to the customer.
If no defect is found, the Seller will provide the customer with the reasons. Shipping costs and possible verification costs are charged to the customer.
The warranty does not include in any case the technical intervention at the customer's home, does not cover labor costs for the installation and / or dismantling 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 sent in writing, by registered letter A.R., to the Supplier, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within 7 working days from receipt.
In the same communication, if the Seller has accepted the request of the Customer, he must indicate the method of sending or returning the goods as well as the deadline for the return or replacement of the defective goods.
11.5. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the period referred to in the previous point, the Customer may request, at his choice, a reasonable reduction of the price or the termination of the contract. In this case, the Customer must send his request to the Seller, who will indicate his willingness to give it to the same, or the reasons that prevent him from doing so, within 7 working days from receipt.
11.6. In the same communication, where the Supplier has accepted the Customer's request, he must indicate the proposed price reduction. In such cases, it will be the Client's responsibility to indicate the methods for crediting the amounts previously paid to the Seller.
Obligations of the Purchaser
12. The Customer undertakes to pay the price of the good purchased in the times and methods indicated in the contract.
12.1. The Customer agrees, once the online purchase procedure is completed, to provide for the printing and storage of the order.
12.2. The customer undertakes to provide the Seller with all the data necessary for the conclusion of the contract of sale including telephone number and tax code for the issuance of the invoice.
12.3. The information contained in this contract is intended, already viewed and accepted by the customer, who can view the specific section of the site "Terms and Conditions".
Right of withdrawal
13. The customer has in any case the right to withdraw from the 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 good.
13.1. In the event that the professional has not fulfilled the obligations to provide information on the existence, method and timing of the return or withdrawal of the asset in case of exercise of the right of withdrawal pursuant to art. 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 runs from the day the goods are received by the Consumer.
13.2. If the Customer decides to exercise the right of withdrawal, he must notify the Seller by registered letter A.R. at the address: Via Don Milani 245 94015 Piazza Armerina (EN) or by e-mail to firstname.lastname@example.org, provided that such communications are confirmed by the sending of registered letter A.R. at Via Don Milani 245 94015 Piazza Armerina (EN) within 48 (forty-eight) hours later. The stamp affixed by the post office on the issued receipt will be authentic between the Parties. The date of delivery to the post office or forwarder will be valid between the Parties.
13.3. The return of the goods must however take place at the latest within 14 days from the date of receipt of the asset.
The Customer will not be entitled to withdraw in the following cases:
- absence of integral elements of the product or anomalies to the product itself;
- product damage.
The right of withdrawal can not be made for customized products chosen by the customer or for products ordered expressly by the customer and not in the catalog and in any other case provided for by art. 55 of the Consumer Code.
13.4. The only costs payable by the Customer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller, unless the Seller agrees to accept 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 evaluate the effective reduction in value of his property.
The return of 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 reimburse the price.
13.5. The Seller will provide for free reimbursement of the amount paid by the Customer within the period of 30 (thirty) days from receipt of the notice of withdrawal.
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 reciprocal obligations, except as provided for in the previous points of this article.
Causes of resolution
14. The obligations referred to in point 12, assumed by the Customer, as well as the guarantee of the successful completion of the payment that the Customer makes with the means referred to in paragraph 5, and also the exact fulfillment of the obligations assumed by the Seller in point 6, they are of an essential nature, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by fortuitous circumstances or force majeure, will result in the termination of the right of the contract pursuant to art. C. 1456, without the need for a judicial decision.
Protection of privacy and processing of Buyer data
Method 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.
Communications and complaints
17. Written communications 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: email@example.com. The customer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes to receive communications from the Seller.
Settlement of disputes
18. All disputes arising from this contract will be referred to the Chamber of Commerce of Enna and resolved according to the Conciliation Rules adopted by the same.
18.1. If the Parties intend to refer to the ordinary judicial authority, the place of jurisdiction is that of the place of residence or of the elective domicile of the Consumer, which is mandatory pursuant to art. 33, paragraph 2, lett. u) of the legislative decree 206/2005.
Applicable law and postponement
19. This contract is governed by Italian law.
19.1. Although not expressly provided for here, the provisions of the law applicable to the relationships and circumstances envisaged in this contract, and in particular art. 5 of the Rome Convention of 1980.
19.2. Pursuant to art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to herein.