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General conditions of Sale
Updated August 2022
1.1 These general conditions of sale (hereinafter, "General Conditions") govern all sales of Hator products (hereinafter, "Products" or "Product") concluded remotely on the website www.hator.com (hereinafter, the site").
1.2 The distance selling service governed by the General Conditions is reserved exclusively for consumers for personal use (hereinafter, "Customers" or "Clients"); by 'consumers' we mean natural persons, over the age of 18, who act for purposes unrelated to their commercial, entrepreneurial, craft or professional activity. Consequently, by placing an order on the Site, the Customer accepts and warrants that the related purchase is not made in connection with any relationship or transaction with entities or individuals subject to United Nations, United States or EU sanctions or to be brought back into North Korea or Syria.
1.3 The language used for the conclusion of sales contracts through this Site is Italian.
1.4 Customers are required to carefully read the General Conditions, available on the Site, in order to become aware of them, to memorize and reproduce them. Hator (as defined below) will send a copy of the General Conditions to the Customer pursuant to the provisions of the following article 5.10 of these General Conditions. Contracts concluded with Customers will be archived by Hator for the period provided for by current legislation.
IDENTIFICATION OF THE SELLER
2.1 The seller is Hator S.r.l., with registered office in via Aldo Moro 45 - 30020 Quarto D’Altino (VE), Italy, VAT number no. 04160580272 tax code n. 04160580272, REA VE-370736, share capital of 10,000 Euros, fully paid up ("Hator").
INFORMATION RELATING TO PRODUCTS AND THEIR AVAILABILITY
3.1 The information relating to the Products, together with the Product codes and their price, are available on the Site.
3.2 The graphic representation of the Products displayed on the Site may differ from reality; the Customer will therefore have to rely exclusively on the description of the Product and on the characteristics of it reported on the Site.
3.3 Hator reserves the right to limit, at any time, the quantity and / or type of Products that can be purchased on the Site. The style, models and colors of the Products described on the Site may be changed without notice. During the purchase procedure, if it is not possible to process the order due to the unavailability of the ordered Product, the Customer will be notified. Hator is not liable to the Customer in the event of unavailability of a Product if this occurs before the conclusion of the contract.
3.4 The Customer may insert a maximum of ten pieces per single Product in the order proposal.
3.5 Hator is in no case responsible for any errors resulting from the failure of the Client's connection to the Site.
4.1 The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs must be added to the price of the Products, which will be indicated separately in the order form, if applicable.
4.2 Hator constantly checks the accuracy of the prices indicated on the Site; however, it is not possible to guarantee the absence of errors. In the event that an error is found in the indication of the price of a Product, Hator will reject the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is found only after the acceptance of the order, Hator will offer the Customer the possibility to cancel the order.
CONCLUSION OF THE CONTRACT
5.1 The Site reports the essential characteristics and the price of each Product. The information on the Site does not constitute an offer by Hator.
5.3 To purchase the Products, the Customer must (i) enter the selected Products in the "Shopping Cart" by clicking on the appropriate button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) transmit the order proposal to Hator through the Site.
5.4 The transmission of the order proposal constitutes a purchase proposal relating to the selected Products, governed by these General Conditions and binding for the Customer, without prejudice to the right of withdrawal provided for in the following article 10. The transmission of the order proposal by of the Customer entails the obligation of the latter to pay the price of the Products ordered.
5.5 Before submitting the order proposal, the Customer has the possibility to make any corrections / changes to the data entered by following the appropriate procedure indicated on the Site (by way of example and not exhaustive, the Customer has the right to change the quantity of the Products who intends to purchase by adding or deleting one or more Products from the "Cart").
5.7 Hator may, at its discretion, refuse an order proposal within 30 days of receipt of the same. In this case, no amount will be due by the Customer to Hator. Hator may refuse an order proposal, by way of example and not limited to, in the following cases:
(i) in case of unavailability of the Products (without prejudice to the provisions of article 3.3); or
(ii) in the event that there is a report, or suspicion, of fraudulent or illegal activity, including the suspicion that purchases are made for commercial purposes; or
(iii) in the event of the Client's failure to fulfill its obligations deriving from a previous contract concluded with Hator.
5.8 The contract between Hator and the Customer is concluded when the Customer receives confirmation from Hator of the acceptance of the order proposal ("Order Confirmation"). The acceptance (or rejection) by Hator of the order proposal will be sent to the Customer at the e-mail address indicated by the Customer in the order proposal.
5.9 In case of unavailability of one or more Products ordered, the Customer will be notified by e-mail. In this case, the order proposal is canceled, or accepted only for the available Products. In case of partial acceptance, the Customer is required to pay only the price for the available Products (if the payment is made by credit card, the Customer will be charged only the amount corresponding to the available Products).
5.10 The Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods, information relating to delivery costs, if applicable, the conditions and methods of exercising the right of withdrawal ( including the indication of the exclusion of the right of withdrawal in the case of customized Products), the indication of an address to which complaints can be made, information on after-sales assistance services and existing commercial guarantees and a copy of these General Conditions
5.11 After receiving the Order Confirmation, the order can no longer be canceled or modified. The return of the Products already shipped must be carried out in accordance with the procedure set out in the following article 10.
5.12 The risk of loss or damage to the Products is transferred to the Customer when the latter (or a third party designated by him and other than the carrier) materially comes into possession of the Products.
METHODS OF PAYMENT
6.1 The Customer may pay the amount relating to the Products contained in the order proposal and the shipping costs, if applicable, by credit card, PayPal or bank transfer. As a buyer, the Customer declares and warrants that he has legally obtained the funds used to pay the price of the Products included in the order proposal (and the related delivery costs, if any) and that he is not involved in any transaction intended to hide the identity, origin or destination of the funds with which the Customer pays the price of the Products ordered (and the relative delivery costs, if any).
6.2 Hator accepts payments made through the following cards and credit circuits:
6.3 Transactions will be debited to the Customer's credit card only after: (i) the credit card details have been verified;
(ii) the debit authorization has been received from the company issuing the credit card used by the Customer, and
(iii) the availability of the Products by Hator has been confirmed.
6.4. In some cases (such as for the purchase of customized Products, which will be reported on the Site before the Customer submits the order proposal), the transactions will be debited to the Customer's credit card only after: (i ) the credit card details have been verified; and (ii) the debit authorization has been received from the company issuing the credit card used by the Customer.
6.5. Except as provided in Article 6.4, no charge will be made to the credit card at the time of transmission of the order proposal, except for the temporary charge that may be necessary to verify the validity of the credit card. It is understood that, following the fulfillment of the order, this temporary charge will be canceled and replaced by the charge corresponding to the amount owed by the Customer. The temporary charge will also be canceled in the event of cancellation of the order.
6.6 Payments can also be made by bank transfer to the following IBAN code: IT62A0708436260000000026190. All costs and expenses (including any commissions associated with the bank transfer that may be charged, from time to time, to the Customer by their bank), remain the responsibility of the Customer. Payment must be made no later than 7 (seven) working days from the date of the Order Confirmation.
6.7 In the event that, for any reason, the amounts due by the Customer cannot be charged to the credit card within the term provided in the previous article 6.6 (or, in the case of a bank transfer, the funds corresponding to these amounts are not available on Hator's bank account), it will not be possible to execute the contract and the order will be considered canceled.
6.8. For each order, Hator will issue a specific invoice which will be sent to the Customer by e-mail or by post in compliance with current legislation. The invoice will be issued based on the information provided by the Customer at the time of the order. Changes to the invoice are not permitted after its issue.
TRANSPORT AND DELIVERY
7.1 The Products purchased will be delivered by courier selected by Hator (hereinafter "Courier") on working days. The Products will be delivered to the address indicated by the Customer in the order proposal. No deliveries are made to post office boxes.
7.2 Unless events of force majeure or unforeseeable circumstances occur, deliveries will be made within 30 (thirty) days from the date indicated in the Order Confirmation. In case of non-delivery within the aforementioned term, the Customer will be able to terminate the contract and Hator will have to reimburse all the costs incurred under the contract without any delay.
7.3 At the time of delivery, the Customer (or his delegate) must:
(i) check that the number of packages delivered corresponds to that indicated in the delivery note;
(ii) check that the packaging and its seals are intact, not damaged, not wet or altered in any way;
(iii) sign the delivery document;
iv) if requested by the Courier, show an identity document.
Any damage to the packaging and / or the Products or the mismatch in the number of packages or indications must be immediately reported in writing on the Courier's delivery note. Where permitted by current legislation, once the Courier's document has been signed without the Customer having raised any objections, the Customer will not be able to make any objection regarding the external characteristics of the delivered package; it is understood that the Customer may also raise objections subsequently, in accordance with the provisions of the following article 13 if such disputes concern the Products. 7.4 Delivery costs, if provided for by the Customer, will be highlighted separately in the order form.
CONFIRMATION OF SHIPMENT AND DELIVERY
8.1 Hator will send the Customer an e-mail confirming the shipment after the shipment of the Products, as well as a second e-mail confirming the delivery of the same.
WRAPPING OR PACKAGING
9.1 The Products purchased on the Site are delivered using normal Hator packaging.
RIGHT OF WITHDRAWAL
10.1 The Customer has the right to withdraw from the contract, without specifying the reason, within 30 (thirty) days from the date on which the Customer (or his / her delegate to receive the Products) physically comes into possession of the Products themselves or, in case of delivery distributed, from the day on which the Customer materially comes into possession of the last Product.
10.2 Within the deadline set out in the previous article 10.1, the Customer can start the return process through the following methods: by contacting a Client Advisor at email@example.com and following the return procedure that will be indicated in response.
10.3 Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with the previous article 10.2), the Customer must return the purchased Products to Hator following the procedure indicated by Hator's Client Advisor. To this end, to organize the collection, the Customer must directly contact a courier of his choice. The costs for returning the Products to Hator are charged to the Customer. The Products must be returned intact, unused, undamaged and with the labels still attached. The Customer is solely responsible for any decrease in the value of the Product resulting from handling the Product other than that necessary to ascertain its nature, characteristics and functioning.
10.4 Hator will refund in full the sums paid by the Customer within 14 (fourteen) days from the date on which Hator will have received the Products returned by the Customer. Transport costs will not be reimbursed.This reimbursement will be made by Hator with the same payment methods used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties and on condition that the Customer or Hator do not have to incur additional expenses for such reimbursement.
11.1 The right of withdrawal does not apply to orders relating to customized Products such as, by way of example but not limited to, Products on which the Customer's initials are engraved and Products made on the basis of specific information provided by the Customer on the Site.
12.1 Without prejudice to the Customer's rights provided for in articles 10 and 13 of these General Conditions and with the exception of customized Products referred to in Article 11, Hator recognizes the Customer the possibility of replacing the Products purchased on the Site. To this end, the Customer will have to:
(I) within 14 (fourteen) days of receipt of the Products, contact a Client Advisor at firstname.lastname@example.org; And
(II) subsequently, return to Hator the Products for which the Customer has requested the replacement. To this end, to organize the collection, the Customer must directly contact a courier of his choice. The costs for returning the Products to Hator are charged to the Customer.
12.2. The Products must be returned intact, unused, undamaged and with the labels still attached. The Customer is solely responsible for any decrease in the value of the Product resulting from handling the Product other than that necessary to ascertain its nature, characteristics and functioning.
12.3 Hator will refund the amount paid by the Customer with the same payment methods used by the Customer for the purchase, no later than 14 (fourteen) working days from Hator's receipt of the returned Products.
12.4. Hator will agree to make the replacement after checking the availability of the Products requested in replacement.
12.5. The replacement will be processed by Hator in the same manner used for each new order, and the same terms and conditions applied to the Customer's initial order will therefore apply in accordance with these General Conditions. In the event of a price difference, this will be paid by Hator to the Customer, if in default through the issue of a voucher; on the contrary, if in excess, Hator will ask the Customer to pay this difference.
LACK OF CONFORMITY
13.1 Should the Products sold by Hator show manufacturing defects or any alleged lack of conformity, the Customer will be required to contact the online assistance, by e-mail or by post, at the addresses indicated below:
Via Aldo Moro, 45 - 30020 Quarto D’Altino (VE), Italy
c.a. Online Sales Assistant
13.2 The Customer has the right to obtain the total restoration of the conformity of the goods by, at his choice, repair or replacement, and at no cost to him. In the event that one of these remedies is objectively impossible or excessively burdensome compared to the other, the Customer may obtain a reasonable reduction in the price of the Products or, alternatively , the termination of the contract. The Customer loses these rights if he does not report the alleged lack of conformity to Hator within 2 (two) months from the date on which he discovered this defect. In any case, the direct action to assert an alleged lack of conformity is prescribed by law within 26 (twenty-six) months from the date on which the Products were delivered to the Customer.
13.3 In the event that the Customer requests the repair or replacement of the Products due to an alleged lack of conformity of the same in the terms referred to in this article 13, the delivery costs for the return to Hator of the Products to be repaired or from replace, as well as all costs for returning the repaired or replaced Products to the Customer, will remain solely the responsibility of Hator.
GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
14.1 Hator guarantees the authenticity of all Products purchased on the Site.
14.2 All "Hator" trademarks, figurative and / or shape trademarks, present on the Products, on their accessories and / or packaging, as well as all illustrations, images and logos protected by copyright, and, more generally, all the intellectual property rights relating to the Products are and will remain the exclusive property of Hator S.r.l.
APPLICABLE LAW AND COMPETENT COURT
15.1 These General Conditions and, consequently, the contracts concluded with Customers are governed by Italian law (in particular, the Consumer Code and Legislative Decree no. 70 of April 9, 2003, "E-commerce Decree") and must be interpreted on the basis of it.
15.2. Disputes arising from the interpretation, validity and / or execution of these General Conditions will be devolved to the jurisdiction of the judge of the place of residence or domicile of the Customer.Alternatively, the Customer can choose to access the platform for the extra-judicial resolution of disputes provided by the European Commission, present on the website http://ec.europa.eu/odr
16.1 For more information and assistance on the Site or on how to purchase online, the Customer can contact Hator at the following addresses:
Via Aldo Moro 45 - 30020 – Quarto D’Altino(VE) – ITALY