1.1 HiNelson S.r.l., with registered office in Via Arcivescovo Calabiana n. 6, 20139 - Milan, C.F. and P.IVA 07984340724, in the person of its legal representative pro tempore ("Company") is the owner of the internet site "https://www.hinelson.com/it/"("Site") dedicated to the sale of nautical products ("Products") manufactured by third parties ("Manufacturers").
1.2 These general conditions ("General Conditions") govern the relationship between the Company and each user of the Site who purchases Products ("Customer").
1.3 The Customers may act on the Site
1.3.1 as consumers, as defined by article 3, lett. a) of the legislative decree n. 206/2005 ("Consumer Code"), that is for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity eventually carried out. To such Customers, in addition to these General Conditions, the Consumer Code ("Consumer Customers") shall apply;
1.3.2 as professionals, that is for purposes related to the entrepreneurial, commercial, handicraft or professional activity eventually carried out ("Professional Customers").
The Customers acknowledge and accept that the request to issue an invoice for the purchase of the Products will constitute a declaration by the Customers that they wish to act as Professional Customers.
1.4 These General Conditions are undersigned by the Customers when purchasing on the Site, as indicated in article 2.1 below. The Client is invited to download and store on a durable medium these General Conditions, in force from time to time.
1.5 By adhering to the General Conditions, the Customer of the Site declares to be at least 18 years old, to have the capacity to act and, if the Customer is a legal person, to have the title and power to act in the name and on behalf of the same.
2.2 The Company warns the Customers that it is strictly forbidden to enter personal data of third parties, false, fictitious or otherwise intentionally incorrect data in the Registration. The Customer therefore agrees to indemnify and hold harmless the Company from any claim for damages made by third parties or sanctions in any way related to the violation by the Customer of this prohibition, reserving any action by the Company to protect its rights. In this regard, the Producer reserves the right to prosecute any violation and abuse.
2.3 The Client acknowledges the strictly confidential nature of his account and of his Registration credentials (username and password) and therefore undertakes to keep them confidential and not to make them available to third parties, releasing the Company from any liability for acts or facts carried out fraudulently by the Client and/or third parties who have had access to the account due to intentional or negligent conduct by the Client himself.
3.1 The offer and sale on the Site of the Products constitute a distance contract between the Company and the Customer governed by Legislative Decree No. 70/2003, containing the rules of electronic commerce. In case of a Consumer Customer, such contract is also regulated by Chapter I, Title III (articles 45 and following) of the Consumer Code.
3.2 Each Product is accompanied by an indication of the relative Price (as defined below in article 6) and by a description of the main characteristics of the Product, prepared on the basis of what has been communicated by the Producer, at his own care and under his own responsibility. In any case, the Client acknowledges and accepts that the Product delivered may differ from the same Product shown on the Site during the purchase phase (for example, due to the quality of the image relating to the Product used by the Producer), provided that such differences are not substantial and do not compromise the essential characteristics and the functionality of the Product.
3.3 The procedure for the purchase of a Product consists of the following steps ("Purchase Procedure"):
3.3.1 selection of the Product on the Site by the Customer and creation of its shopping cart;
3.3.2 completion of an order form in electronic format, in accordance with the procedures published on the Site from time to time, indicating the data required, such as, by way of example but not limited to, the recipient's personal data, e-mail address, invoicing data and shipping address ("Purchase Order");
3.3.3 indication of any request for the issuance of an invoice for the purchase of the Products and insertion of the relevant data;
3.3.4 selection of the method of shipment of the Product and acceptance of the estimated costs;
3.3.5 selection of the payment methods, as better described in the following article 6.3;
3.3.6 summary of the Purchase Order, including the final amount that the Customer shall pay to the Company;
3.3.7 confirmation and transmission of the Purchase Order.
3.4 Until transmission of the Purchase Order as referred to in clause 3.3.2 above, the Client shall be entitled to amend or cancel the Purchase Order.
3.6 The Company shall notify the Client of the Purchase Order Confirmation pursuant to article 3.5 above, within and no later than 24 hours, by e-mail, to the address indicated in the Purchase Procedure. If the Client does not receive the Purchase Order Confirmation after this term, the Client is invited to contact the Customer Service as per article 14 below.
3.7 Without prejudice to the right of withdrawal under article 8 below, where applicable, the Client shall check the conformity of the Purchase Order with the Purchase Order Confirmation and notify the Company of any discrepancies between them within 24 hours of receipt of the Purchase Order Confirmation. If no such notification is received within such period, the Company shall proceed with Delivery (as defined below) of the Goods as per the Purchase Order Confirmation.
3.8 The contract for the purchase of the Product shall be deemed to be executed when the Client receives the Purchase Order Confirmation, pursuant to the provisions of article 3.5 above ("Purchase Contract").
4.1 The availability of the Products offered on the Site is continuously monitored and updated by the Company. However, since the Company purchases the Products from the Producers, the Product may be unavailable due to force majeure and/or reasons beyond the reasonable control of the Company, such as the simultaneous purchase of the same Product by more than one Customer. In such cases, the Product may be temporarily (or permanently) unavailable, even following the Purchase Order Confirmation.
4.2 In the event of unavailability pursuant to article 4.1 above, the Company undertakes to promptly notify the Customer and shall proceed to cancel the Purchase Order and the relevant Purchase Order Confirmation (if any), with simultaneous crediting of the amount already paid (i.e. Price, Shipping Costs and additional services costs as described below), through the same payment instrument chosen (the relevant crediting shall be verifiable by the Customer within the strictly necessary technical timeframe, which also depends on the manager of the payment instrument). The Customer may then proceed with a new Purchase Order for the same Product to verify the actual availability and the new delivery times.
5.1 The Customer acknowledges and accepts that the technical and operating characteristics of the Products published on the Site are communicated by the respective Manufacturers.
5.2 The Client also acknowledges and accepts that the Company assumes no responsibility for the truthfulness and completeness of such information, and acknowledges that the images of the Products may not fully comply with the Product (for example, due to the quality of the images used by the Producer).
5.3 In virtue of the above, the Client is responsible for the choice of the Products ordered and for the correspondence and conformity of the specifications indicated by each Producer to its own needs.
6.1 All prices of the Products published on the Site are expressed in euros and are inclusive of VAT, unless otherwise indicated on the Site and where applicable pursuant to current legislation ("Price").
6.2 The Company reserves the right to change the Price of the Products, at any time, without notice, it being understood that the Price charged to the Client shall be the one indicated on the Site at the time of the conclusion of the Purchase Order and that any variations (upwards or downwards) following the transmission of the same pursuant to article 3.3.7 above shall not be taken into account.
6.3 During the Purchase Procedure, the Client proceeds to pay for the Product, selecting one of the following methods of payment: a) bank transfer; b) use of the PayPal online payment system; c) credit card, through the use of the Stripe system; d) online instalment payment, through the use of the Soisy and Scalapay systems.
6.4 In the case of payment by bank transfer, the credit must be credited to the Company's bank account within 10 (ten) working days from the date the order is placed. Upon receipt of the credit, the ordered Products will be shipped to the Customer. Unnecessarily expired the deadline to make the bank transfer, the Company will be considered canceled.
6.5 In case of online payment by credit card, the transaction is secure, through the use of the SSL-Secure Socket Layer protocol. The confidential data of the credit card (card number, start date, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the Company's servers. The Company therefore never has access to and does not store the data of the credit card used by the Client to pay for the Product. If the Client intends to use this method of payment, the Client acknowledges and does not object to the Company carrying out the necessary checks on the validity of the payment (e.g. prior check of the validity in time and/or the availability of credit on the card used), in order to be able to send the Purchase Order Confirmation.
6.6 In the case of payment through PayPal, the Customer is automatically redirected to the website www.paypal.com, where he will make the payment of the Product according to the procedure provided for and regulated by PayPal and to the terms and conditions of the contract agreed between the Customer and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Company. The Company therefore does not collect and does not store in any way the data of the credit card connected to the Customer's PayPal account, or the data of any other payment instrument connected to that account.
6.7 In the case of payment through Scalapay, the Customer is automatically redirected to the site www.scalapay.com, where he will be asked for the data to take advantage of the installment payment. The Client acknowledges that the instalments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that he/she authorises this transfer.
6.8 Pursuant to article 3.3.3 above, the Professional Client may expressly request that, following payment of the Price, the Company issues the relevant invoice. This invoice will contain the information provided by the Professional Client during the completion of the Purchase Order and will be issued by the Company at the time of the shipment of the Products.
6.9 In the event that the Client enters incorrect data, all additional costs arising from the recovery of the shipped Product and/or potential reshipment of the Product will be borne by the Client.
7.1 The Company undertakes to deliver the Product purchased by the Customers, through the service of couriers or special transports, from Monday to Friday during normal business hours, excluding national holidays, at the shipping address indicated by the Customer in the Purchase Order and accepted in the Purchase Order Confirmation ("Delivery"), within the term indicated by the Company in the Purchase Order Confirmation. In the case of a Consumer Customer, this term may not exceed 30 (thirty) days from the sending of the Purchase Order Confirmation. Delivery shall take place at street level unless otherwise chosen by the Customer as an additional service.
7.2 Delivery charges, which may vary in relation to the shipping method chosen by the Customer (where available), the place of Delivery and the weight of the Product, are the sole responsibility of the Customer under Euro 179.00 (VAT included). Their amount, expressed in Euros and, where applicable, inclusive of VAT, is indicated during the Purchase Procedure and is subsequently confirmed to the Customer in the summary of the Purchase Order and in the subsequent Purchase Order Confirmation ("Shipping Costs").
7.3 The price of the single Products shown on the Site does not include delivery charges. The latter, invoiced separately, will be indicated at the time of the Shopping Cart Summary.
7.4 The Client acknowledges and accepts that the Products are not supplied on a trial basis.
7.5 In the event that the Product purchased is not delivered in accordance with the delivery terms indicated in the Purchase Order Confirmation, the Company undertakes to contact the Customer in order to agree an additional delivery term appropriate to the circumstances. In the event of disagreement, or if this additional period expires without the Product having been delivered to him:
7.5.1 the Consumer Customer is entitled to terminate the Purchase Agreement, without prejudice to the right to compensation for damages;
7.5.2 the Professional Customer may cancel the Purchase Agreement, having only the right to the restitution of the Price, the Shipping Costs and the possible cost of additional services, under the terms agreed with the Company, being expressly excluded the right to compensation for any damage suffered as a result of the non-Delivery of the Product.
7.6 The Customer undertakes to be present or to instruct a person to be present to collect the Product, on the Delivery date specified in the Purchase Order Confirmation, or agreed pursuant to clause 3.5 above.
7.7 In the event of non-Delivery due to the absence of the addressee at the address and date specified in the Purchase Order and in the subsequent Confirmation of Purchase Order, the courier selected by the Company shall leave a notice with the Customer and shall make a new attempt to deliver within a short period of time. If this second attempt is also unsuccessful, the Product must be collected by the Client in accordance with the procedures communicated by the courier. In the event of failure to collect the Product within the timeframe and in the manner indicated by the courier, the Company shall contact the Customer by e-mail, and the Product subject to Delivery shall be returned to the Company and, in any case, once 30 (thirty) working days have elapsed from the first delivery attempt, the Purchase Contract will be considered terminated in accordance with article 1456 of the Italian Civil Code, due to the fact and fault of the Customer. The Company will then proceed, within 15 (fifteen) working days following the termination of the Purchase Contract, to reimburse the Customer for the Price, minus the costs of the unsuccessful Delivery, the costs of returning the goods to the Company and any other costs that the Company has incurred due to the attempted Deliveries. The termination of the Purchase Agreement and the amount of the refund will be communicated to the Customer by email. The refund will be credited by the same means of payment used by the Customer for the purchase. In the event that, before the expiry of the aforementioned term of 30 (thirty) days, the Customer requests to receive the Product again, only if the Product is still available on the Site, the Company will proceed with a new Delivery, after charging the Customer for the costs relating to the previous Delivery attempts, the costs of returning the Product to the Company and the storage costs.
7.8 Upon Delivery, the Customer, or the person appointed by the same, undertakes to carry out all the necessary checks to detect the possible presence of defects or non-conformity of the Product received with respect to what is indicated in the relevant Purchase Order Confirmation.
7.9 If at the time of Delivery any defects and/or non-conformities are detected pursuant to article 7.8 above, the Customer undertakes to: a) report such defects and/or non-conformities to the Company and raise any request and/or claim related to the same in the relative delivery receipt, providing all appropriate information and proving in any way what has been declared; b) have the delivery agent countersign such receipt; and c) keep a copy of the countersigned receipt. Following this report, the provisions of Article 10 below for the Consumer Customer and Article 11 below for the Professional Customer apply.
8.1 Pursuant to and for the purposes of article 52 et seq. of the Consumer Code, the Consumer-Client has the right to withdraw, in whole or in part, from the Purchase Agreement within a period of 14 (fourteen) days starting from the moment in which the Consumer-Client has received Delivery of the Product (meaning by delivery the physical possession of the Product). To this end, the Consumer-Client must inform the Company of his intention to withdraw from the Purchase Agreement, in whole or in part, within the aforementioned term of 14 (fourteen) days, by means of the standard withdrawal form made available by the Company on the Site, or by means of any other written declaration suitable for expressing the decision to withdraw by e-mail.
8.2 The Consumer-Client acknowledges and accepts that the right of withdrawal cannot be exercised for "custom-made" or "personalized" goods pursuant to art. 59, letter c, of the Consumer Code.
8.3 The Consumer-Client undertakes to return to the Company, in the manner indicated in article 8.4 below, the Product, intact and in normal state of preservation and in its original packaging, without undue delay and in any case within the term of (10) days from the date of the exercise of his right of withdrawal.
8.4 The Consumer-Client may send, at his or her own expense, the goods to the following address: HiNelson Srl c/o eCourier - Strada Vicinale Della Curetta, 3 - c/o Fiodor - 15040 Pietra Marazzi (AL). The Customer acknowledges and accepts that the Company will not accept the return of Products sent by parcel with cash on delivery or carriage forward. Alternatively, the Customer may return the goods using the courier service, made available to the Company, at a cost of € 10.00.
8.5 Once the Products have been received (and their integrity verified) the Company will refund the Customer of the amounts paid as soon as possible, within a maximum of 14 (fourteen) days from the notice of withdrawal. Said reimbursement will be made using the same means of payment used by the Consumer-Client for the payment of the Price, unless expressly requested otherwise in writing by the Consumer-Client. In any case, the Consumer-Client shall not incur any cost as a consequence of the aforementioned reimbursement.
8.6 In accordance with the Consumer Code, the reimbursement referred to in this article 8 is subject to the receipt by the Company of the returned Product, or the demonstration by the Consumer-Client that he has returned the Product in accordance with the terms and conditions established by these General Conditions.
9.1 Claims for non-conformity of the Products delivered with what is indicated in the Purchase Agreement must be communicated by the Client to the Company in writing by e-mail, immediately following receipt of the Products.
9.2 In the event of non-conformity between the Products purchased through the Site and the Products delivered, the Consumer-Client undertakes to return the Products concerned to the Company within 7 (seven) days of receipt, provided that they are returned with their packaging closed, in their original condition and packaging and accompanied by the relative accompanying documents.
9.3 Upon receipt by the Company of the Product returned by the Client in accordance with this Article 9, the Company will return, at its own expense, the Product originally ordered as quickly as possible.
10.1 All the Products sold on the Site are covered by the legal guarantee of conformity of the products provided for by article 128 et seq. of the Consumer Code. The Company is liable to the Consumer-Client for any lack of conformity that exists at the time of Delivery of the Product and that becomes apparent within 2 (two) years from such Delivery, provided that the Consumer-Client reports such defect to the Company within 2 (two) months from the date on which it was discovered, under penalty of forfeiture.
10.2 In order to benefit from the legal guarantee referred to in article 10.1 above, the Consumer-Client is required to provide proof of the date of conclusion of the Purchase Agreement and the Delivery of the Product. To this end, the Consumer-Client must therefore keep the Purchase Order Confirmation, the purchase receipt and the transport document.
10.3 A lack of conformity exists when the Product purchased: i) is not suitable for the use for which goods of the same type are normally used; ii) does not conform to the description made by the Company and/or the Producer; iii) does not present the usual qualities and performance of goods of the same type, which the Consumer-Client can reasonably expect, also taking into account the declarations present on the Site.
10.4 In case of lack of conformity duly reported within the terms of article 10.1 above, the Consumer-Client has the right to (a) firstly, to repair or replace the Product free of charge, at the Customer's choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other; (b) secondly (e.g. in the event that the repair or replacement is impossible or excessively onerous or has not been carried out within a reasonable period of time, or the repair or replacement previously carried out has caused significant inconvenience to the Consumer-Client) to a reduction in the Price or termination of the Purchase Agreement, at the Customer's choice. The Consumer-Client shall not, however, be entitled to terminate the Purchase Agreement if the lack of conformity is minor and it was not possible or, if possible, would have been excessively burdensome, to pursue the remedies set forth in this article 10.4.
10.5 Pursuant to and for the purposes of article 10.4 above, the Consumer-Client acknowledges that the remedy requested is considered excessively onerous if it imposes unreasonable expenses on the Company compared to the alternative remedies that can be implemented, taking into account (i) the value that the Product would have if there were no conformity defect; (ii) the extent of the conformity defect; (iii) the possibility that the alternative remedy can be implemented without significant inconvenience for the Consumer-Client.
10.6 In any case, by way of example only, the Consumer-Client shall not be entitled to the remedies provided for by article 10.4 above if: (a) the Product has been repaired and/or altered by parties other than the Company or any other party authorized by the Company for this purpose; (b) the defects in the Product are due (in whole or in part) to: i) improper use and/or poor storage of the Product by the Consumer-Client; and/or ii) incorrect maintenance or installation performed by parties other than the Company or any other party authorized by the Company for this purpose; and/or iii) failure to comply with the instructions provided by the Company together with the Product delivered; (c) at the time of the conclusion of the Purchase Agreement, the Consumer-Client was aware of the lack of conformity of the Product and/or could not ignore it with ordinary diligence.
10.7 In order to exercise the rights provided for in this article 10, the Consumer-Client is invited to contact the Company without undue delay, at the addresses indicated in article 12 below, and to follow the procedure that will be indicated by the Company itself in subsequent communications. The Product that is the subject of the Client's claims must be sent to the Company, or to the subjects indicated by the latter (e.g. the Manufacturers), who will carry out all the necessary verifications to assess the existence or otherwise of the defect complained of.
10.8 In addition to the legal warranty under article 10.1 above, the Manufacturers may offer to the Consumer Customers a further conventional warranty, under the terms and conditions indicated in the relevant information documents prepared by the Manufacturers themselves, to which the Company refers for any information. The Customer acknowledges that the Company does not offer any conventional guarantee and is in no way jointly and severally obliged with the Manufacturers for the performance of the conventional guarantee offered by the latter.
11.1 In the case of a Product purchased by a Professional Customer, the provisions of Article 10 above do not apply to the latter, but the different warranty for defects of the thing sold pursuant to Articles 1490 et seq. of the Italian Civil Code, valid for a maximum period of 1 (one) year from Delivery, does apply in favour of the Professional Customer.
11.2 The Professional Customer acknowledges that this warranty covers only Product defects that existed prior to Delivery of the same, which must be reported, under penalty of forfeiture, within 8 (eight) days from the discovery of the defects themselves pursuant to Article 1495 of the Italian Civil Code, by means of written notice, to the addresses specified in Article 14 below.
11.3 In order to benefit from the legal guarantee referred to in this article 11, the Professional Customer must provide proof of the date of conclusion of the Purchase Agreement and of the Delivery of the Product. The Professional Customer is therefore invited to keep the Purchase Order Confirmation, the purchase invoice and the transport document.
11.4 In addition to the legal warranty referred to in article 11.1 above, the Manufacturers may offer Professional Customers an additional conventional warranty, at the terms and conditions indicated in the relevant information documents prepared by the Manufacturers themselves, to which the Company refers for any information. The Customer acknowledges that the Company does not offer any conventional guarantee and is in no way jointly and severally liable with the Manufacturers for the performance of the conventional guarantee offered by the latter independently.
12.1 The Customer is solely responsible for the correct and non-fraudulent use of the Site, releasing the Company from any liability for acts or facts carried out fraudulently by the Customer and/or third parties who have had access to the Customer data indicated in the Purchase Procedure and/or in the Customer account completed following Registration, due to intentional or negligent conduct on the part of the Customer.
12.2 In the event of fraudulent use of the Website by the Client pursuant to what, by way of example, is indicated in Article 12.1 above, the Company may terminate with immediate effect these General Conditions and any existing Purchase Contracts, pursuant to and for the purposes of Article 1456 of the Italian Civil Code, by means of written notice addressed to the contact details communicated by the Client during the Purchase Procedure and/or indicated in the Registration. In such cases, the Company also reserves the right to cancel the Customer's account, following prior notice sent to the email address provided by the same during Registration.
13.1 The material relating to the Products (e.g. photographs, images, descriptions) is published on the Site solely for information purposes of the essential characteristics of the Products, without being contractually binding. For any more detailed information, the Company invites each Client to access the commercial documentation of the Producers made available on the Site and/or on the sites of the Producers themselves.
13.2 The Site is the property of the Company and its content is protected by the rules governing industrial property (e.g. trademarks, texts, photographs, images, drawings, models). The use, disclosure and reproduction on any medium, in whole or in part, of the elements of the Site for purposes not strictly related to the use of the Product are prohibited.
14.1 Customers may contact the Company's customer service, from Monday to Friday, during working hours, excluding holidays, through the methods provided in the "Contacts" section of the Site, or at the following addresses: 39 02 400 31117, email address: email@example.com ("Customer Service").
14.2 Unless otherwise provided for by this Contract, Customers are invited to submit any possible claim to the Customer Service.
14.3 In all cases of return, restitution and/or in any other hypothesis of return of the Product, unless otherwise notified by the Company, the Customer is obliged to send such Product to the Company in accordance with and at the address indicated in Article 8.4 above.
16.1 If one or more of the provisions of these General Conditions, or parts thereof, are by law or by court order declared invalid, illegal or otherwise unenforceable, the remaining provisions, or parts thereof, shall, however, remain binding and/or enforceable by and between the parties.
16.2 Notwithstanding any other provision of the General Conditions, if the Company is prevented from fulfilling its contractual obligations due to fire, war, strikes, embargo, government regulations or those of other civil or military authorities, omissions and negligence of carriers or suppliers, vandals or hackers, failures or malfunctions of third party networks, telecommunications equipment, websites, software and hardware or other technology, or due to any other event beyond the Company's reasonable control ("Force Majeure"), the period for performance hereunder shall be extended for the period of delay or inability to perform due to the specific Force Majeure causes. It is understood that the continuation of a situation of Force Majeure for more than 60 (sixty) days shall allow the Customer to withdraw from the Product Purchase Agreement, without prejudice to the fact that no compensation or indemnity shall be due by the Company, except for the reimbursement of the Price, the Shipping Costs and any expenses for additional services.
16.3 The Customer may not assign the Purchase Agreement, either in whole or in part, nor may the Customer assign any of the rights or obligations arising therefrom, without the prior written consent of the Company.
17.1 The General Conditions shall be governed by Italian law.
17.2 In the case of a Consumer Customer, any dispute relating to the General Conditions, including their execution, interpretation and/or termination for any reason whatsoever, shall be subject to the jurisdiction of the Court of the Consumer Customer, without prejudice to the possibility of the Consumer Customer to choose the Court of Milan.
17.3 With exclusive reference to the Consumer Customers, the Company reminds that, pursuant to article 17.4 of EU Reg. 524/2013, and without any constraints, the Consumer Customer may find all the information necessary to access the mechanisms for online dispute resolution (so-called ODR) at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
17.4 In the case of a Professional Customer, for any dispute relating to the General Conditions, including their execution, interpretation and/or termination for any reason, the Court of Milan shall have exclusive jurisdiction, any other court having jurisdiction being excluded.