GENERAL CONDITIONS OF SALE
- The sale of products offered on the website hesoquadro.it in the section “Shop” ( as hereinafter defined “The Website”) is subject to and regulated by the following general conditions of contract ( as hereinafter defined “General Conditions”).
- The frames with the Hesoquadro brand, offered on the Website ( as hereinafter defined the “Product/s”) are sold by Heso Tuscany, a company incorporated under Italian Law, based in Via I° Maggio, 2 – 51035 Lamporecchio (PT) Italy , Italian fiscal code card CNCMNL63B66A944J, and VAT identification number 01981480476, Tel +39(0)57382181, e-mail email@example.com ( as hereinafter defined as “Seller”).
- These General Condition of sale are expressed in Italian and translated in English language.
- In case of disputes, the Italian version will prevail.
- The present General Conditions regulate the rapport between the Seller and the Consumer ( as hereinafter defined) for the purchase of Products from the Website. The sale of Products through the Website in exclusively aimed at natural persons that have reached the age of majority ( as hereinafter defined the “Consumer/s). The Consumer is asked to read the present General Conditions attentively, moreover these conditions may be viewed and downloaded at any moment through the section “Terms and Conditions”
- The Seller may, at any moment, make modifications to the present General Conditions.
Such modifications will be exsclusively effective, in any case, in relation to the purchase orders presented by the Consumer following a modification. The General Conditions will therefore be applicable to the contract of purchase with the Consumer at the very moment of the purchase order and the Consumer will be required to know and accept said conditions before sending the order.The contract with the Seller concluded through the Website are subject to and regulated by Italia Law and, in particular, to and by the Legislative Decree 6th September 2005, n. 206 ( as hereinafter defined the “Consumer Code”) and to and by the Legislative Decree 9th April 2003, n. 70 ( Implementation of the Diretive 2000/31/CE concerning certain legal aspects of company information services to the whole market, with particular reference to electronic commerce).
The contracts concluded with the Seller through the Site are governed by Italian law and in detail by the D.L. September 6, 2005, No. 206 (hereinafter referred to as the “Consumer Code”) and by the Legislative Decree April 9, 2003, No. 70 (Implementation of Directive 2000/31 / EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce):
- PROCEDURE OF PURCHASING
In order to purchase Products from the Website, The Consumer will have to send a purchase order to the Seller, according to the instructions stated on the same Website. For each selected Product, a web space will be displayed that highlights the photographic images of each product, the unit price, the colors and the different sizes along with the essential characteristics of each Product. Il order to view the selected items and the overall order price, including shipping costs, one must click on the option “Basket”. The Consumer is asked to verify the exactness of the Basket contents and the correctness of the details of the preselected payment method before confirming the order.The Consumer will be able to make modifications to the order ( for example, to the type of Product already selected and to the amount of Products) or to correct eventual errors in the order only before the purchase order has been confirmed, by accessing the Basket page and modifying the contents of the same Basket. Incomplete and incorrectly complete orders will not be accepted.The Seller as of now states that, despite the use of every possible technological solution to reduce image imprecision to a minimum, some variations are always possible: these variations are caused by technical characteristics and color resolution characteristics produced by the computer used by the Consumer. The Seller will not be responsible for the eventual inadequacy of graphic representations of Products sold on the Website that may be due to the aforementioned technical reasons. Consequently, the Consumer are asked to look over and examine in detail the table containing the Product’s characteristics.The Seller reserves the right to refuse orders coming from a Consumer with whom it has a legal case in progress concerning a previous order. This applies equally to all cases in which Seller considers the Consumer unsuitable, therein included, by way of example, the case of previous violations of contract conditions for online purchase from the Website or in any sort of fraudulent activity.
- PRODUCT AVAILABILITY
The Consumer acknowledges that the availability of the products offered for sale by the Seller through the Website is limited. Occasionally, inconveniences concerning the availability of some Products may occur.In such circumstances, the Seller will send an e-mail to the Consumer as soon as possible ( and in any case according to the delivery terms denoted by the art. 8.2), to the address registered during the order, informing him/her of the unavailability of one or more Products, or rather that it will not be possible to respect the product delivery terms defined by art. 8.2. In such a case, the Consumer will be offered the possibility to choose between the exchange of the unavailable Product for another Product,The cancellation of the order, if possible, and the acceptance of the originally ordered Product according to different delivery times.In the case in which the Consumer intends to opt for a Product exchange, pursuant to and in accordance with the preceding art. 4.2 n° (1) that is rather to accept a delayed delivery of the Product pursuant to and in accordance with art. 4.2 n° (3), the Consumer Will have to communicate his/her choise to the same Seller by replying to the Seller’s communication, following the instructions therein stated, via e-mail. In the case of a failed reply on behalf of the Consumer within 5 (five) days from when the Seller’s communications is received, pursuant to and in accordance with the art. 4.2, the order will be considered canceled. In such a case, as well as one in which the Consumer has expressed the desire to cancel the order, the Consumer will be reimbursed as soon as possible by means of crediting on the Pay Pal account or bank transfer, of the whole amount debited at the time of the order confirmation.The Seller reserves the right to change, at any moment, the Products place for sale on the Website, at his/her complete discretion and without any notice, respecting, in any case, eventual offers already displayed at this time on the Website.
- FINALIZATION OF THE ORDER
The procedure of purchasing will be considered complete when the Consumer, after having looked over and accepted his/her purchase, including the contribution for delivery costs, the applicable General Conditions, the conditions in the subject of privacy and the conditions relative to the practice of recess and return of the goods, has sent the order to the Seller through selecting the option “Confirm”. At the confirmation, the order will be sent to the Seller in order to be processed and may not be further modified or canceled. The order sent by the Consumer will bind the Seller only if the entire procedure of purchasing has been duly and correctly completed without any error highlighted by the Website and if the overall price of the Products has been duly payed by the Consumer at the time of the order confirmation, pursuant to and in accordance with the means defined in the following art. 6 The Seller will not be held responsible for any Website malfunctions dependent on the web administrator for the transmission of data.The confirmation of the order constitutes the full acceptance, on the part of the Consumer, of the General Conditions enforceable at the time of the order as well as constituting the demonstration of the Consumer’s availability to receive subsequent communications from the Seller only finalized at the conclusion and execution of the contract of sale. At the end of the procedure of purchasing the Consumer is advised to download, save or print the General Conditions of Sale, effective from the time the order has been confirmed.Upon the confirmation of the order, on the part of Consumer, the order will be directly sent to the Seller and filed in the Seller’s system. The data recorder on the Website and filed in the Seller’s system are considered to constitute full proof of the relative details of transactions existing between the Seller and the Consumer. In the case of controversy, between the Seller and the Consumer, in relation to a contract of sale concluded through the Website, the data recorded on the Website and/or filed in the Seller’s system will constitute proof of the conclusion of the contract of sale.Once the order has been confirmed and the payment transaction complete on the part of the Consumer, the Seller will attend to sending, to the Consumer via e-mail to the address stated in the order, a confirmation of the receipt of the purchase order sent by the Consumer, containing a re-cap of the order, including the essential characteristics of the purchased products, the payment method chosen by the Consumer, the delivery address, detailed information of the price and the delivery costs. The Consumer must, without any delay, verify the contents of the aforesaid communication and immediately bring any eventual errors or omissions or any other problem relating to the shipping to the attention of the Seller, by means of sending an e-mail to the address firstname.lastname@example.org.
- PRICE AND PAYMENT METHOD
The prices of the Products offered for sale on the Website are displayed in Euro (Eur).The total sum owed by the Consumer for the purchase of the selected Products includes the shipping costs, that are to paid by the Consumer according to what is specified by the following art. 8 and to what will be displayed in the Basket. The price corresponding to the purchase of the Products does not comprise eventual customs duty to which the Products would be subjected to at the time of importation to a given Country. Consequently, the eventual procedure of custom clearance of the Products, including the payment of relative taxes, will be entirely a prerequisite taken on by the Consumer.The Seller reserves the right to modify, at any moment and without notice, the price of the Products offered for sale on the Website. It is understood that such modifications will come exclusively into effect in relation to purchase orders confirmed by the Consumer following a modification. The prices published on the Website at the time of the confirmation of the order on the part of the Consumer will be charged to the Consumer.The Seller exclusively accepts payments carried out by the Pay Pal system, Bank Transfer ( IBAN indicated in the order form ) or on delivery.The payment will be debited at the time the order is confirmed. The procedure of purchasing the products from the Website will be considered effectively confirmed only after the complete payment of the overall price of the Products, as displayed in the Basket at the time the order is confirmed, has been carried out on the part of the Consumer.For every order carried out on the Website, the Seller issues an invoice for the shipped goods by sending it, through e-mail and/or inside the shipped package, to the holder of the order, pursuant and in accordance with the D.P.R. (Decree Law by the President of the Republic of Italy) 445/2000 and of D.L. (Decree Law) 52/2004. The information provided by the Consumer during the act of ordering is attested for the issue of the invoice.
The Products will be delivered to the Consumer through the means of express courier BRT or Parcel Post. The costs of shipping the Products will be displayed in the basket along with other relative costs of the purchase during the order compilation process before the order has been confirmed.The Seller will do its utmost to deliver the ordered Products as soon as possible and within a maximum term of 30 (thirty) days, in any case, starting from the day following the day in which the Consumer has sent the order to the Seller.As soon as the courier has taken the Products to be delivered to the Consumer, the Seller will send an e-mail to the address registered in the order by the Consumer, indicating the shipping tracking code, that will permit the Consumer, to monitor the delivery.The Consumer is asked to promptly highlight any eventual problem with the delivery of the Products, or any eventual delays respective of the delivery times outlined by the art. 8.2, that is in the e-mail sent to the Consumer pursuant to and in accordance with the art. 4.2 that surpass 10 (ten) working days, by means of sending an e-mail to email@example.com.However, the Seller will not be held responsible for any delays or encumbrances, that are not predictable and/or not dependent on force majeure, regarding the delivery of the Products.
- DELIVERY OF PRODUCTS AND CONFORMITY
At the time of the product’s delivery, the Consumer must immediately check the condition of the packaging and verify that it is not damaged or any way altered, as well as verify that the number on the package delivered corresponds to the one indicated in the transportation document. Eventual abnormalities or damages noticed upon the time of delivery must be directly noted on the transportation document in the form of handwritten comments signed by the Consumer. Unconditional acceptance of the delivery through the signing of the transportation document will preclude the Consumer from being able to further contest anything relative to the external characteristics of what has been delivered.If the delivered Products not correspond to those ordered, the Consumer is required to promptly inform the Seller by sending an e-mail to the address firstname.lastname@example.org, within and not more than 10 (ten) days from the date of delivery, and will be entitled to procure the exchange for the Products delivered with the precise Products ordered, if the case of temporary unavailability of the Products ordered should arise, the Consumer will be entitled to order different Products or, as an alternative, to partially or entirely cancel the order . In the case of a cancellation of an order, the Consumer will be reimbursed as soon as possible and the return costs will be chargeable to the Seller.
- RETURNS, REFUNDS, RECESS
The Consumer will be able to withdraw from the concluded contract of purchase with The Seller by returning the Products delivered and by procuring a reimbursement from the Seller for the already deposited amount for the purchase of the Products and at the end of effectively exercising the right of recess, the Consumer must obey the following instructions: The Consumer must send a written communication to the Seller containing the demonstration of his/her wish to exercise the right of recess pursuant to and in accordance with art. 64 of the D.lgs. 206/2005;The aforementioned communication must be sent, within and not more that 14 (fourteen) working days of the day the Products have been received by the Consumer, by registered post and with a notification of receipr to the following address: Heso Tuscany Srl – Via I° Maggio, 2 – 51035 Lamporecchio (PT) Italy. The communication of art. 9.1 n°(1) may also be sent, in respect of the aforementioned term, by the means of telegram, electronic post and fax, on the condition that it is confirmed within the subsequent 48 (forty-eight) hours with a letter and notification of receipt sent by registered post;The Products must be returned to the Seller within 14 (fourteen) working days starting from the day the Products have been received by the Consumer, to the address indicated by the art.9.1 n° (2). At the end of the return timeliness, the delivery date of the Products will be attested at the post office or rather by the shipping clerk; The substantial integrity of the product/s is an essential condition in order to effectively exercise the right to a recess on the part of the Consumer.The Products must be returned to the Consumer in their original state and packaging,Undamaged and other accompanying extras of the relative invoice. The costs for the returning of the Products will be chargeable to the Consumer; any cost claimed by the Consumer for the return delivery of the Products will not be refundable. The Seller will verify if the Product returned are, to all intents and purposes, in their original conditions and will attend to a reimbursement of the amount deposited by the Consumer only in the case in which the Products have been returned in the means ascertained by the preceding art. 9.1. The Seller will not be held responsible in the case of the return of Products lost to mistaken addresses. The return of Products within the limits of presented art. 9, comes to be the complete duty and risk of the Consumer.The right to recess is excluded in the case of purchasing from the Product Website that has been personalized at the request of the Consumer.
- RESPONSIBILITY FOR FAULTY PRODUCTS
10.1 The Seller has a responsibility towards the Consumer for any defect of conformityExisting at the time of the delivery of the Product, under the condition that:The defect of conformity becomes evident within 2 (two) years since the delivery of the Products.The Consumer informs the Seller of the defect of conformity within and not more than 2 (two) months of when he has discovered the defect. In such a case, prior to the Seller’s verifications of his/her responsibility, the Consumer has the right to procure a restoration of the conformity of the Product, without cost, through repair or exchange, or rather to procure an appropriately reduced price or a resolution of the contract of purchase of the Products, pursuant to and accordance with what is expected by the art. 130 of the Consumer Code.
10.2 Eventual complaints relating to the present guarantee must be reported in writing by Sending an e-mail to the following address
confirmed by a Registered letter that includes a notification of receipt to be sent to the following Address:
Heso Tuscany Srl – Via I° Maggio, 2 – 51035 Lamporecchio (PT) Italy.
The present General Conditions are subjected to and regulated by Italian law shall beThereto interpreted. In the case of controversy between the Seller and the ConsumerIn relation to the interpretation, validity and/or implementation of the present General Conditions, the courthouse at the place of Consumer’s place of residence or, in the case of action undertaken by the Consumer him/her self, at the Consumers own choise, the courthouse of Pistoia, will be adept.