Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
Supplier Identification HEMCAEL
The goods covered by these general terms and conditions are sold by Hemcael SRLS (hereafter identified as HEMCAEL) with registered office in Via Monte Albenza n. 12, 20900 Monza (MB) Italia , registered at the Chamber of Commerce of Monza at no. MB- 1913606 of the Business Register, Tax Code and VAT no. IT09966540966.
- GENERAL CONDITIONS
- SUBJECT OF THE CONTRACT
- PRECONTRACTUAL INFORMATION FOR THE BUYER PURSUANT TO ART. 49 OF ITALIAN LEGISLATIVE DECREE 206/2005 AS AMENDED
- SALES CONTRACT. ORDER AND ACCEPTANCE. TRANSFER OF PROPERTY
- METHOD OF PAYMENT AND REFUND
- TRANSPORT AND DELIVERY
- COMPLIANCE OF THE ORDER
- PRODUCT AVAILABILITY
- LIMITATIONS OF LIABILITY
- GUARANTEE OF AUTHENTICITY
- LACK OF CONFORMITY
- WARRANTIES AND ASSISTANCE PROCEDURES
- RETURNS AND REFUNDS- CANCELLATION
- PRODUCT CHANGE
- REASONS FOR TERMINATION
- PROTECTION OF CONFIDENTIALITY AND PROCESSING OF THE BUYER’S DATA
- COMMUNICATIONS AND CLAIMS
- ACCESS TO THE INTERNET SITE
- INTELLECTUAL PROPERTY RIGHTS. TRADEMARKS.
- PROTECTION OF PERSONAL DATA - COOKIES
- APPLICABLE LAW AND COMPETENT JURISDICTION
- FINAL CLAUSE
1. GENERAL CONDITIONS
1.1. These general conditions of sale (hereinafter “General Conditions”) apply to all distance sales of HEMCAEL patented products carried out through the www.hemcael.com website (hereinafter ”Website”).
1.2. The use of the distance sales service described in these General Terms and Conditions of Sale is exclusively reserved for buyers aged 18 or over (or, if aged under 18, authorized by their legal representative). If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), HEMCAEL will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.
1.3. The language used to enter any contract of sale through this Website is Italian;
1.4. Buyers are required to carefully read these General Conditions, which are available on the Website to enable buyers to acknowledge, store and reproduce them. A copy of the General Conditions will be sent to the Buyer by HEMCAEL according to Section 4.7. below. Contracts of sale executed with Buyers will be archived by HEMCAEL for the retention period required by applicable law.
1.5. For the purposes of these General Terms and Conditions of Sale the terms hereunder shall have the following meanings:
I. "Seller": HEMCAEL SRLS (hereinafter HEMCAEL) registered office Via Monte Albenza n. 12, 20900 Monza (MB), VAT No. IT09966540966;
II. "Buyer" shall mean any person who makes purchases online on the website www.hemcael.com;
III. “ Website”: www.hemcael.com
IV. "Buyer Consumer" shall mean any natural person who acts for purposes other than the entrepreneurial, trade, craft or professional business activities conducted pursuant to art. 3, letter a) of the Italian Buyer Code;
V. "Professional Buyer" shall mean any natural or legal person who acts in the exercise of their entrepreneurial, trade craft or professional business activities or their intermediaries, pursuant to art. 3, letter c) of the Italian Buyer Code;
VI. "Products" shall mean the goods manufactured, assembled and/or sold by HEMCAEL;
VII. "Order(s)": each proposal for the purchase of Products submitted by the Buyer to HEMCAEL through the Website www.hemcael.com;
VIII. "Sale(s)": the distance selling contract concluded between HEMCAEL and the Buyer through the website www.hemcael.com, following receipt by the Buyer of the Order's acceptance from HEMCAEL;
IX. "Price" : shall mean the price of the Products;
X. "Trademarks": all trademarks legally held by HEMCAEL;
XI. "Intellectual Property Rights": shall mean all intellectual and industrial property rights which HEMCAEL owns or has legally available, including, without limitation, any rights relating to: patents for inventions, designs, utility models, trademarks, know-how, technical specifications, data, whether these rights have been registered or not; as well as any claim or registration relating to said rights and any other similar right or form of protection of a similar nature or having equivalent effect.
2. SUBJECT OF THE CONTRACT
2.1. These General Terms and Conditions, known and approved by the Buyer, shall govern the Sale of Products on the www.hemcael.comwebsite, as well as browsing by the Buyer on the site.
2.2. Any purchase of Products or Services made through the Site by a Buyer, acting as a Consumer, constitutes a distance contract governed, in addition to the Contract, also by Chapter I, Title III (art. 45 et seq.) of the Italian Buyer Code and Legislative Decree no. 70/2003, as applicable.
2.3. These General Terms and Conditions solely and exclusively govern the afore described sales, but do not constitute nor permit the Buyer to claim further relations with HEMCAEL concerning, by way of example, agencies, sales concession, supply, affiliation, profit sharing agreement, obligation to sell or buy, obligation to set up companies.
2.4. Any and all changes to the General Terms and Conditions must be agreed n writing between the Buyer and HEMCAEL and duly signed by both.
2.5.The Buyer agrees to view, before confirming their Order, these General Terms and Conditions of Sale and, in particular, the pre-contractual information provided by HEMCAEL, and to accept them by ticking the box specified.
2.6. Any purchase of Products performed by a Buyer, consumer shall be governed by, in addition to the General Terms and Conditions of Sale, also from the provisions of the Italian Buyer Code and Legislative Decree no. 70/2003, as applicable, while any purchase of the Product performed by a Professional Buyer will be governed solely by the General Terms and Conditions of Sale as well as the provisions of the Italian Civil Code, for any provision herein not included.
PRECONTRACTUAL INFORMATION FOR THE BUYER PURSUANT TO ART. 49 OF ITALIAN LEGISLATIVE DECREE 206/2005 AS AMENDED
3.1. Prior to concluding the Sale and validating the Order, the Buyer shall read at the characteristics of the products displayed by means of a specific hyperlink ( hereinafter “link”) on the website www.hemcael.com, at the time of choosing the Products which allows to view the characteristics and the photographic images of the products and shall be adequately informed about:
- the Price of the Products, include taxes;
- the color of the products ;
- the method of payment;
- the term within which HEMCAEL undertakes to deliver the Products;
- the terms, conditions and methods to exercise the right of withdrawal and the type of withdrawal form set out in annex I, part B of the Italian Legislative Decree 21/2014;
- the fact that the Buyer must bear the cost of returning the Products in case of withdrawal;
- the existence of the legal compliance warranty for the Products purchased.
3.3. To purchase the Products through the www.hemcael.comwebsite, the Buyer must:
- Be an adult;
- Possess the legal requirements necessary to enter into legally binding contracts;
- Be legally able to sign a contract;
- Own a valid e-mail address.
4. SALES CONTRACT. ORDER AND ACCEPTANCE. TRANSFER OF PROPERTY
4.1. The Sale is concluded exclusively through the Internet, by accessing and registration of the Buyer on the website www.hemcael.com (hereinafter “website” “site”) and by making a Purchase Order in accordance with the procedure provided on the website.
4.3. Sending of the order constitutes a proposal to purchase the selected Product, regulated under these General Conditions and binding for the Buyer (with no prejudice to the withdrawal right under Section 14). The sending of the order proposal by the Buyer entails the obligation of the latter to pay the price of the ordered Product(s).
4.5. Although HEMCAEL constantly adopts measures aimed at ensuring that the photographs displayed on the website are faithful reproductions of the original products, including adopting every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution characteristics of the computer used by the buyer. As a result, HEMCAEL will not be liable for any inadequacy of the graphic representations of “HEMCAEL” products displayed on the website owing to the abovementioned technical issues and color resolution characteristics of the computer used by the buyer.
Furthermore HEMCAEL warns that some errors, inaccuracies or slight differences between what is published on the Website and the actual product and the photographs of the Products published on the Website do not constitute a contractual element, since they are only representative of the Products marketed.
4.6. The contract between HEMCAEL and the Buyer is executed upon receipt by the buyer of the acceptance by HEMCAEL of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by HEMCAEL shall be sent to the buyer via e-mail at the address provided by the buyer in the order proposal (”Order Confirmation”).
4.7. The document referred to in art. 4.6. contains the Buyer's details and Order number, a detailed indication of the price of the products purchased and of the methods of payment, information on shipping costs and the delivery address to which the products will be sent, as well as the link to print and store a copy of these Terms and Conditions, as provided by art. 51 paragraph 1 of Italian Legislative Decree 206/2005, amended by Italian Legislative Decree 21/2014.
4.8. The contract is not considered concluded and effective between the parties if in default of the provisions of the previous paragraph.
4.9. An order proposal may be refused by HEMCAEL (provided that no consideration shall be due by the Buyer to HEMCAEL, with the sole exception of those sums mentioned under Section 6 below, if any) within 30 days at its sole discretion, including in case of: (a) the Products are not available (with no prejudice to the provision set out under Section 3.3); (b) a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes; (c) the Buyer has not fulfilled his/her obligations deriving from a prior contract executed with HEMCAEL.
4.10. HEMCAEL undertakes to deliver the Products within 30 days of HEMCAEL's acceptance of the Order.
4.11. Except as provided for withdrawal by the Buyer Consumer, the Orders regularly accepted by HEMCAEL may not be cancelled by the Buyer without HEMCAEL’s written consent. The Buyer cannot make changes to the order sent via the Site, may in any case send an e-mail to firstname.lastname@example.org with the request to make changes to the order sent and only at the discretion of HEMCAEL and/or if the order has not yet been processed, the requested changes can be granted on the order sent.
4.12. Ownership of the Products is transferred to the Buyer upon the Buyer's full payment of the Price.
4.13. The Buyer is forbidden to resell the Products, including the on line sale of the Products.
4.14. The Buyer agrees to pay the price of the purchased item according to the times and the manner specified in the Contract.
4.15. The Buyer undertakes to print and file this contract once the on line shopping procedure has been completed.
4.16. The information contained in this contract has however, already been read and accepted by the Buyer, who acknowledges this as a mandatory step prior to purchase confirmation.
4.17. Pursuant to art. 12 of Legislative Decree 70/03, HEMCAEL informs the Buyer that every order sent is stored in digital / paper form on the server / at the HEMCAEL premises according to criteria of confidentiality and security.
5. METHOD OF PAYMENT AND REFUND
5.1. Payment of the price of the Products included in the order proposal and the relevant delivery charges shall be paid by the Client by credit card, PayPal.
5.2. HEMCAEL accepts the following payment methods:
- Credit Cards and prepaid cards ( VISA, VISA Electron (e.g. PostePay) , Mastercard, American Express)
- Paypal. This online shop uses the PayPal payment system. All credit card data will be sent through a secure server that uses a system with the best security standards to handle sensitive information online. HEMCAEL will never have access to the buyer's credit card details, but will only be able to manage information (such as name, surname, address) required to ship the product to the delivery address. For more information, visit the website www.paypal.com.
5.3. The transactions will be debited from the Buyer’s credit card only after:
- the credit card data has been verified;
- the authorization to debit the card has been received from the issuer of the card used by the buyer;
The charge will be made upon confirmation of the order proposal. For the purposes of payment, the buyer confirms and guarantees to be the holder or being delegated to be able to use the credit card used for the purchase. The buyer then gives the number, expiry date and security code shown on the credit card.
5.4. Any repayment to the Buyer will be credited using the same payment method received , in a timely manner and, in the event the right of withdrawal is exercised, as governed by Clause 14 and following this contract, maximum within 14 days from the date HEMCAEL is informed of the Buyer's decision to withdraw from the contract.
5.5. In the event that, for any reason, it is impossible to debit the amount due by the Buyer within the due deadline, the contract will not be executed and the order will be cancelled.
5.6. The shipment of the products purchased takes place only following verification by HEMCAEL with the bank, of the credit card details used by the customer, upon receipt of authorization to debit the amount to said credit card.
5.7. In the case that one or more products are not available, only the price and shipping costs relating to the products available will be charged.
6. TRANSPORT AND DELIVERY
6.1. HEMCAEL shall deliver the selected and ordered products in the manner selected by the Buyer or indicated on the website at the time of the supply of the goods, as confirmed in the notice referred to in article 4.2 . The signature of the Buyer (or of a nominated representative) will be required at the time of delivery.
6.2. For security reasons, HEMCAEL cannot allow the shipment of any order addressed to a PO Box nor accept any order for which it is impossible to identify the natural person recipient of the order and his/her address.
6.3. The purchased Product shall be delivered by a courier service selected by HEMCAEL (hereinafter, ”Courier”); the purchased Products will be delivered on working days (thus excluding Saturdays, Sundays and local or national holidays). In accordance with the provision contained in Article 61 of the Buyer Code, HEMCAEL will arrange for the delivery of the products purchased, except in cases of force majeure or fortuitous event, no later than 30 days from the date of the conclusion of the contract, or within a different period if negotiated with the buyer, unless HEMCAEL informs the buyer, within the same period, that the order has not been accepted or that it is impossible to deliver the products ordered due to the sudden, even temporary, unavailability of the same. In the latter case, HEMCAEL will refund any amounts already paid by the buyer. If HEMCAEL fails to deliver the products ordered within the indicated period and in any case within a different agreed period, the buyer can ask HEMCAEL to make the delivery within an additional period appropriate to the circumstances, unless the buyer is for some reason exonerated from said obligation, in accordance with Article 61, Paragraph 4 of the Buyer Code. It is the buyer’s right without prejudice to terminate the contract immediately, in addition to the right to claim compensation for damages, if the product ordered is not delivered within the possible specified additional deadline. In order to expedite shipment of the products ordered, HEMCAEL reserves the right to split up an order into several shipments depending on the availability of items. In this case, HEMCAEL will inform the buyer by email or telephone and his/her credit card will be charged separately only for the products actually shipped. In any case, total shipping costs will be charged as if it were one single shipment.
6.4. For each order HEMCAEL will issue a special receipt (or at the request of the Buyer at the time of the order will be issued an invoice) that will be sent to the Buyer via e-mail or by post in compliance with current legislation. The invoice is issued, if requested, on the basis of the information provided by the Buyer when ordering. No changes to the receipt or invoice are permitted after its issue.
6.5. In the case of a Buyer, pursuant to art. 63 of Italian Legislative Decree 206/2005, the risk of loss of or damage to Products, for causes not attributable to HEMCAEL, is transferred to the Buyer when the latter or a third party designated by them takes physical possession of the Products ordered.
6.6. In the case of a Professional Buyer, the risk of loss or damage of the Products, for causes not attributable to HEMCAEL, is transferred to the Buyer when the Products are delivered to the carrier or shipping company. The Professional Buyer cannot be held liable for HEMCAEL, if the Products do not arrive at their destination or arrive damaged, so much so that they cannot be used, due to loss or damage to the Products during transport .
6.7. In the case referred to in the preceding paragraph, the Professional Buyer is not entitled to any refund of the Price paid in advance for shipment.
6.8. Any change in the place of destination communicated by the Buyer after the Order is sent shall not be binding on HEMCAEL if not accepted in writing by the latter.
6.9. Product delivery terms that are less than 30 days, wherever annotated, are merely indicative for HEMCAEL and are not essential terms pursuant to art. 1457 of the Italian Civil Code; HEMCAEL may reasonably delay or postpone the delivery of all or part of the Products up to 30 days from the date of acceptance of the Order, without this entitling the Buyer to request total or partial resolution of the sale, or the payment of compensation or indemnity, or the right to invoke HEMCAEL's liability for other reasons.
6.10. HEMCAEL cannot be held liable for any delays or failure to deliver the Products due to circumstances beyond their control, such as, but not limited to, the following:
a) Inadequate technical data or inaccuracies or delays of the Buyer in sending the information or data necessary to HEMCAEL for the shipment of the Products;
b) Difficulties in obtaining supplies of raw materials;
c) Issues relating to production or Order scheduling;
d) partial or total strikes, lack of electricity, natural disasters, measures imposed by public authorities, difficulties in transport, causes of force majeure, such as exemplification, disorder, terror attacks, wars;
e) delays by the carrier or shipping company.
7. COMPLIANCE OF THE ORDER
7.1. At the time of delivery of the Products by the Courier, the Buyer (or a nominated representative) is required to verify:
- that the number of items being delivered corresponds to that indicated on the delivery note or transport document;
- that the packaging and its seals are intact, undamaged, not wet or altered in any manner;
- that the Products delivered comply with the acceptance of the Order.
The Buyer must sign the delivery note stating '' subject to control of the integrity of the products' and any damage to the packaging or the mismatch in the number of packages must be immediately notified in writing on the delivery note of the Courier; in the absence, where permitted by the legislation in force, the Buyer cannot contest, subsequently, the external non-compliance of the Product and its quantity compared to what was ordered.
8.1. All sales prices of the products shown and specified on the Internet site are expressed in Euro and are offered to the public pursuant to art. 1336 of the Italian Civil Code.
8.2. The sales prices, referred to in the previous paragraph, are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if any, although not included in the purchase price, shall be indicated and calculated in the purchase procedure prior to the Buyer forwarding the order, and also be contained in the web page summarizing the order.
8.3. The prices indicated for all the goods offered to the public are valid until the date indicated on the site.
8.4. The Buyer acknowledges HEMCAEL's right to change the Product Price at any time. However, the Products purchased are sold on the basis of the Price stated in the Order and HEMCAEL's acceptance.
9. PRODUCT AVAILABILITY
9.1. The buyer acknowledges the fact that stocks of products offered by HEMCAEL through the website are limited. It is possible to check the availability of any item offered for sale on the website at any time, either when the buyer creates his/her shopping basket or later when completing the purchase order. The buyer is therefore aware that all products described on the website are subject to availability in that moment. The availability indicated at the time the Order is placed must in any case be considered purely indicative as, due to the simultaneous presence on the site of several users, the Products could be sold to third parties prior to acceptance of the Order.
9.2. If the order of a product exceeds the quantity available in the warehouse, the Supplier shall notify the Buyer by e-mail if the product chosen is no longer bookable or the waiting period to obtain it, asking if the Buyer intends to confirm the order or not.
9.3. In the event of partial unavailability of the Products, the Buyer may request the cancellation of the Order within 8 days of receiving HEMCAEL's e-mail, and the latter shall reimburse the amount paid within 14 days from the date on which they were aware of the Buyer's decision to terminate the Sale.
9.4. HEMCAEL reserves the right to change the items offered for sale on the website at any time and without notice.
10. LIMITATIONS OF LIABILITY
10.1. HEMCAEL assumes no liability for any disservice service charge due to force majeure if it fails to execute the order within the terms provided by the contract.
10.2. HEMCAEL may not be held liable to the Buyer, except in the case of gross negligence or serious misconduct, for disruptions or malfunctions related to the use of the Internet outside its control or that of its sub-contractors.
10.3. Furthermore HEMCAEL shall not be liable for any damage, losses and costs incurred by the Buyer as a result of the non-performance of the contract for causes which are not attributable to them; the Buyer is entitled only to the full refund of the price paid and any additional charges incurred.
10.4. HEMCAEL assumes no responsibility for any fraudulent and unlawful use that may be made by third parties, of credit cards and other means of payment, upon payment of the products purchased, if they prove that they have implemented all possible precautions, based on best available knowledge and experience/expertise as well as ordinary diligence.
10.5. The Buyer shall in no event be held liable for delays or disqualifications in payment if it proves that payment was made under the terms and in the manner specified by the HEMCAEL.
11. GUARANTEE OF AUTHENTICITY
11.1. HEMCAEL guarantees the authenticity of all the Products offered for sale on the Website. Products bearing the HEMCAEL trademark are manufactured by artisans, and are all rigorously and fully MADE IN ITALY.
11.2. The “HEMCAEL“ trademark, together with the set of figurative and non-figurative trademarks, service marks, present in the Products, the relevant accessories and/or packaging, marks consisting of shapes of goods, that are subject to registration or otherwise, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of HEMCAEL registered Office in Monza ( MB) Italia, Via Monte Albenza n. 12.
11.3. The total or partial reproduction, modification, tampering or use of these trademarks, illustrations, images and logos, for any reason and on any medium, without the prior express agreement of HEMCAEL, are strictly prohibited.
12. LACK OF CONFORMITY
12.1. If a Product sold by HEMCAEL has manufacturing defects or in any case of alleged lack of conformity of Products sold by HEMCAEL, the Buyer must contact Online Support by email to, or by ordinary mail to the following address:
HEMCAEL Via Monte Albenza n. 12, 20900 Monza (MB) Italia
12.2. The legal guarantees established by Articles 129, 130 and 132 of the Consumer Code as defined below apply to the sale of the Products. Under these Articles, the Buyer has the right to have the Products brought into conformity, free of charge, by repair or replacement (provided that the Buyer is entitled to select whether having the Product repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above (according to Article 130, para 7, of the Consumers Code), to have an appropriate reduction in the price of the Products, or the contract cancelled. The Buyer loses these rights if fails to notify HEMCAEL of the lack of conformity within 2 (two) months of the date on which the Buyer detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by HEMCAEL shall automatically lapse 26 (twenty six) months after the delivery of the Products.
12.3. In the event that the Buyer is seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section 12, delivery costs for returning the Product to be repaired or replaced shall be borne by HEMCAEL, as well as any costs related to the delivery to the Buyer of the repaired or replacing Product.
12.4. Pursuant to articles 114 and ss. of the Consumer Code, HEMCAEL is responsible for the damage caused by defects of the goods sold if it fails to inform the damaged person, within three months of the request, of the identity and domicile of the manufacturer or of the person who supplied the asset.
12.5. The aforementioned request, by the injured party, 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.
12.6. HEMCAEL can not be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal norm or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer has put the product into circulation, it still did not allow the product to be considered defective.
12.7. No compensation will be due if the damaged person has been aware of the product's defect and of the danger that derives from it and nevertheless has voluntarily exposed itself to it.
12.8. In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
12.9. 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 Eur (Eur 387/00).
13. WARRANTIES AND ASSISTANCE PROCEDURES
13.1. HEMCAEL shall be liable for any product defect of conformity which occurs within two years from delivery.
13.2. For the purposes of this contract, it is presumed that consumable supplies comply with the contract if, where relevant, the following circumstances exist:
a) they are suitable for use for which goods of the same type are normally used;
b) they conform to the description made by HEMCAEL and possess the product qualities of the sample or model that HEMCAEL has provided to the buyer;
c) they feature the normal quality and performance of goods of the same type which the buyer can reasonably expect, having regard to the nature of the goods and, where appropriate, public declarations on the specific characteristics of the goods made by HEMCAEL in particular in advertising or on labeling;
d) they are also suitable for the buyer’s particular intended use, of which the latter has informed HEMCAEL at the time of contract conclusion, and which HEMCAEL has also accepted for conclusive facts.
13.3. The Buyer shall cease to have any right if he fails to report the conformity defect to HEMCAEL within two months from the date on which the defect was discovered. The report is not necessary if HEMCAEL acknowledged the existence of the defect or concealed it.
13.4. In any case, unless proven otherwise, it is assumed that the conformity defects which occur within six months of delivery of the asset already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with that of the conformity defect.
13.5. In the event of a conformity defect, the Buyer may request, alternatively and without charge, under the conditions specified below, the repair or replacement of the goods purchased, unless the request is not objectively impossible to satisfy, or it is too onerous for HEMCAEL pursuant to art. 130, paragraph 4 of the Italian Consumer Code.
13.6. The request must be made in writing, by Registered letter with return receipt to HEMCAEL, who shall state its availability to respond to the request, or the reasons preventing it from doing so, within seven business days of receipt. In the same notification, where HEMCAEL has accepted the Buyer's request, the former shall specify the shipping or replacement method of the good as well as the deadline for returning or replacing the defective good.
13.7. If repairs and replacement are impossible or excessively costly, or HEMCAEL has not repaired or replaced the goods within the period referred to above, or if the replacement or repairs previously made have caused significant disadvantages to the Buyer, the latter may request, at its discretion, a reasonable reduction in the price or termination of the contract. In said case, the Buyer shall send its request to HEMCAEL, who shall state is availability to respond to the request, or the reasons preventing it from doing so, within seven business days of receipt.
13.8. In the same notification, where HEMCAEL has accepted the Buyer's request, the former shall indicate the reduction of the proposed price or the manner in which the defective goods must be returned. In said situations, the Buyer shall be responsible for accrediting the amounts previously paid by HEMCAEL.
14. RETURNS AND REFUNDS- CANCELLATION
14.1. The right to cancellation by the buyer, according to the provisions of Article 52 and subsequent articles of the Buyer Code, must be carried out as described below.
a) In any event, the Buyer , who bought on the site www.hemcael.com, has the right to withdraw from the contract without any penalty and without specifying the reason within 14 (fourteen) working days from the day of receipt of the goods purchased.
b) In order to exercise his/her right to cancellation, the buyer must submit by sending an e-mail to email@example.com any other explicit statement of its decision to withdraw from the contract containing the order number, item code, and the express declaration that it intends to exercise the right of withdrawal.
c) Following said notification, return authorization shall be sent by e-mail. The goods must be shipped to HEMCAEL, Via Monte Albenza n. 12 20900 Monza (MB) Italia.
d) the buyer must use the return address label enclosed for the buyer’s convenience in the package sent to him/her by HEMCAEL.
14.2. Delivery of the goods shall occur without undue delay and in any case within fourteen( 14) days of the date on which HEMCAEL has notified its decision to terminate the contract pursuant to articles 54 and 57 of the Buyer Code . In order, however, to be entitled to full refund of the price paid, the good must be returned intact and in normal condition.
14.3. Save for what is provided for in the following Article 14.5, HEMCAEL will be responsible for the shipping cost to return the products.
14.4. HEMCAEL will verify whether the products have been returned in the same conditions in which they were delivered, inside the packaging with which the products were sent from HEMCAEL to the buyer, because substantial integrity of the returned products is an essential requisite for exercising the right to cancellation. The buyer will be solely responsible for any diminished value of the products resulting from handling the products in a way that differs from that required to establish their nature, features and functioning, in accordance with that set out in Article 57 of the Buyer Code. HEMCAEL therefore reserves the right to refuse the return of those products that are damaged, deteriorated, dirty, or found to be in a condition that suggests, unequivocally, that the products have been used for purposes that differ from those listed above. HEMCAEL also reserves the right to request compensation for any damage that can be attributed to the willful or negligent conduct of the buyer during return of the products. HEMCAEL will not be held responsible in the event of loss or theft of returned products, nor will it be held responsible or to blame in the case of returned products shipped to an incorrect address, or delays in the delivery of returned products, with the understanding that the buyer assumes all shipping risks for returned products. The buyer is also responsible for proof that the products have been returned.
14.5. HEMCAEL will refund of the price of returned products, in accordance with Article 56 of the Buyer Code, without undue delay and in any case within 14 (fourteen) days from the date in which HEMCAEL was informed of the buyer exercising his/her right to cancellation. Said refund will be issued by crediting the amount paid by the buyer to the same method of payment used for the purchase, unless the buyer has expressly agreed otherwise and provided that he/she does not sustain any cost as a result of the refund. The timing of the refund depends on the company that issued the card. HEMCAEL reserves the right to withhold the refund until it has received the product or until the buyer has supplied evidence of having sent back the product, taking account of which situation is verified first. Hemcael reserves the right to withhold the amount paid until the delivery of the returned item, in order to check it and verify its condition and then Hemcael will issue the refund of the amount paid. HEMCAEL will confirm the refund issued in an email to the buyer.
14.6. There are no shipping or return fees. We provide express shipping and free returns.
14.7. With the receipt of the communication with which the Buyer 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.
15. PRODUCT CHANGE
15.1. Within 14 days of receipt of the goods, the Buyer is entitled to exchange the goods purchased with one or more different articles.
15.2. The exchange request can be made by writing an e-mail to firstname.lastname@example.org. This email must include the order number and item code, and explicitly state whether the Buyer intends to change an item(s).
15.3. The returned article can be shipped by courier attaching proof of online purchase.
15.4. The goods must be shipped to HEMCAEL Via Monte Albenza n. 12, 20900 Monza (MB) Italia.
15.5. HEMCAEL reserves the right not to exchange damaged or obviously used goods.
16. REASONS FOR TERMINATION
16.1. The obligations set out in article 13, undertaken by the Buyer, as well as the payment guarantee by the Buyer with the means provided for in art. 5.1 ,the fulfillment of the obligations assumed by HEMCAEL in article 5 are essential, so that by express agreement, failure to fulfill only one of said obligations, if not determined by fortuitous events or force majeure, shall result in the termination of the contract law pursuant to art.1456 of the Italian Civil Code without the need for judicial decision.
17. PROTECTION OF CONFIDENTIALITY AND PROCESSING OF THE BUYER’S DATA
17.1. HEMCAEL protects the privacy of its buyers and ensures that data is processed in compliance with the provisions of the privacy laws set out in Italian Legislative Decree 30 June 2003, no. 196 (General Provision of the Authority for the Protection of Personal Data "Simplification of Certain Public and Private Obligations with regard to Processing for Administrative and Accounting Purposes” of 19 June 2008, published in the Official Journal of 1 July 2008, no. 152.) and in accordance with Eu Regulation no. 679/2016.
17.2. Personal and fiscal data acquired directly and/or through third parties by the HEMCAEL, the Data Processor, is collected and processed on paper, by computer or electronically, in relation to the processing methods with the purpose of recording the order and enable the procedures for the performance of this contract and related necessary communications, in addition to the fulfillment of any legal obligations, and to enable effective management of business relations to the extent necessary to best perform the required service (art. 24, paragraph 1, letter b, of Italian Legislative Decree no. 196/2003) (General Provision of the Authority for the Protection of Personal Data "Practical Guide to Simplification Measures for Small and Medium Business" of 24 May 2008, published in the Official Journal of 21 June 2007, no. 3 142.)) and in accordance with Eu Regulation no. 679/2016.
17.3. HEMCAEL undertakes to treat the Buyer’s data and information in a confidential manner and not to disclose it to unauthorized people or to use it for purposes other than those for which it has been collected, or to send it to third parties. Said data may be shown only at the request of the judicial authority or other authorized law enforcement authorities.
17.4. Personal data shall be communicated, upon signature of a confidentiality commitment, to only those delegated to carry out the activities required to execute the contract, and communicated solely for this purpose.
17.5. The Buyer benefits from the rights referred to in art. 7 of Italian Legislative Decree 196/03, and in accordance with Eu Regulation no. 679/2016, and namely: the right to obtain:
a) updating, rectification or, where relevant, integration of data;
b) the cancellation, transformation into anonymous form or blocking of processed data in violation of the law, including that for which no storage is required in relation to the purposes for which the data was collected or subsequently processed;
c) the certification that the operations referred to in letters (a) and (b) have been made known, including in terms of their content, to those to whom the data has been communicated or disseminated, except where said fulfillment is impossible or involves the use of means manifestly disproportionate to the protected right. The data subject also has the right to oppose, in whole or in part:
I) for legitimate reasons, to the processing of personal data concerning them, even though it is relevant to the purpose of collection;
II) to the processing of personal data concerning them for the purpose of sending advertising or direct sale material or for the purpose of market research or commercial communication.
17.6. Communication of the Buyer’s personal data is a necessary condition for the proper and timely execution of this contract. In default, the Buyer's request may not be acted upon
17.7. In any case, the acquired data will be stored for a period of time not exceeding that required for the purposes for which it was collected or subsequently processed. However, its removal shall occur in a secure manner
17.8. The Data Controller is HEMCAEL, and the Buyer can address any request to the Company's headquarters for his attention.
17.9. Any communications sent to the Centre mail and e-mail addresses (requests, suggestions, ideas, information, materials, etc.) shall not be considered confidential information or data; shall not violate anyone's rights and shall contain valid, true information, which does not violate other people’s rights; no liability may, however, be attributed to the Responsibility Centre on the contents of the messages themselves.
18. COMMUNICATIONS AND CLAIMS
18.1. Written notices addressed to HEMCAEL and any complaints shall be deemed valid only if sent to the following address: HEMCAEL, via Monte Albenza n. 12, 20900 Monza (MB) Italia or e-mailed to the following address email@example.com. In the registration form the Buyer specifies its domicile, telephone number or e-mail address to which HEMCAEL's communications are to be sent.
19. ACCESS TO THE INTERNET SITE
19.1. The buyer may use the www.hemcael.comsite for consultation and purchase of the Products. No other use, in particular commercial, of the site or its contents, is permitted.
19.2. The images contained on the Website www.hemcael.com are the property of HEMCAEL. Any use of such images without the written consent of HEMCAEL will be prosecuted in accordance with the law. Indeed, copyright and other intellectual property rights protect this Website in its entirety and all the material contained therein. Thus the user may view, print and copy the content of this Website (including, but not limited to, text, images, conditions of sale, etc.) solely for purposes that are personal in nature and not commercial. Except as provided herein, users may not use, modify, print, display, reproduce, distribute or publish the information contained on this Website without the written consent of HEMCAEL, as previously stated above. This Website may also contain material that is protected by the intellectual property rights of third parties. In such cases, the permitted uses must be verified with the owners or licensees of the relative rights, as identified each time on the Website. In the instance that the user were to violate the stated obligations, s/he must indemnify HEMCAEL from the consequences that derive from said violation.
20. INTELLECTUAL PROPERTY RIGHTS. TRADEMARKS.
20.1. The Buyer acknowledges that the Intellectual Property Rights and Trademarks are legitimately available to HEMCAEL.
20.2. The Buyer undertakes not to act in breach of Seller’s Trademark Rights, Intellectual Property Rights, or the rights of their owner, if not HEMCAEL.
20.3. The Buyer is prohibited from:
a) using or registering, trademarks, name or corporate name, domain names, or other distinctive sign, as well as identical or similar trademarks which can be confused with the Trademarks;
b) using or recording drawings, models, inventions, works that are identical, similar or in contrast with the Intellectual Property Rights.
20.4. The Buyer is expressly prohibited from removing, suppressing or otherwise altering the Trademarks and other distinctive signs affixed to the Products, as well as affixing new marks or distinctive signs of any kind.
21. PROTECTION OF PERSONAL DATA - COOKIES
21.1. The information provided pursuant to art. 13 of Italian Legislative Decree no. 196 of 30 June 2003 (so-called Code regarding the Protection of Personal Data) and in accordance with Eu Regulation no. 679/2016 is to be considered an integral part of these General Terms and Conditions of Sale.
21.2. For information relating to the processing of personal data provided by the Buyer at the time of registration to the site or later, please refer to article 17.
22.1. If one or more of the provisions of these General Terms and Conditions of Sale are considered invalid or declared invalid pursuant to the law, or following a court decision, the other provisions shall continue to be fully enforceable and effective. The General Terms and Conditions of Sale are written in Italian with English translation.
23. APPLICABLE LAW AND COMPETENT JURISDICTION
23.1 These General Conditions and, therefore, the Contracts executed with the Buyers, are governed by and must be interpreted in accordance with Italian laws (including the Legislative Decree of 6 September 2005, No. 206 “Buyer Code“ -and specifically “Capo I, Title III of Part III“ - and the Legislative Decree of 9 April 2003, No. 70 “ Ecommerce Decree“).
23.2. For any dispute regarding the validity, effectiveness, interpretation or performance of each Contract as well as, in general, relating to browsing on the Site by the Buyer or the use of any functionality made available to the Buyer through the Site, the Court of Monza shall have exclusive jurisdiction, except in the case that the obligatory jurisdiction is the place of residence or elected domicile of the Buyer acts as a Buyer to the Italian Buyer Code.
24. FINAL CLAUSE
24.1 This Contract repeals and replaces any prior written or oral contract, agreement and negotiation between the parties relating to the subject matter of this contract.
25.1. For further information and assistance on the Site or on how to purchase online, the buyer can contact HEMCAEL at the following addresses:
Via Monte Albenza n.12
20900 Monza (MB) - ITALIA