TERMS AND CONDITIONS
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These Conditions of Sale apply to purchases made on the Italian page of HDM srl estore (https://shop.hdmgroup.it), subject to the exceptions and modifications indicated below.
These Terms and Conditions of Sale and related documentation comply with Part III, Title III, Chapter I of Legislative Decree 206/2005.
Parties and Policy

This website, at the URL “https://shop.hdmgroup.it” (hereinafter, “HDM srl estore”) is managed by HDM S.r.l., with registered office in via A. Locatelli 4, 20124 Milan. Tax code, VAT number and registration number with the Register of Companies of Milan, Monza, Brianza, Lodi 10385380968 REA Number: MI2527243. Capital stock Euro 100.000,00 (i.v.).

Products purchased on HDM srl estore will be sold by HDM srl in its name.

HDM srl strongly believes in the protection of user privacy.

The purchase of products on HDM srl estore requires the user to accept the privacy policy of HDM srl estore. Users are kindly requested to consult the privacy policy of HDM srl for information on how HDM srl estore collects and processes personal data of its users.

Purchases of products on HDM srl estore will be regulated by the following terms and conditions of sale (hereinafter, the “Terms of Sale”).

1. Notes on the present Conditions of Sale

These Conditions of Sale apply to all orders and all purchases made on HDM srl estore.

With regard to purchases on the HDM srl estore, HDM srl will send its communications electronically via email or electronic communication. By using this online channel, users acknowledge that all statements of intent, offers, communications, disclosures and other notices will be issued or provided electronically, except where the law provides for the same written form.

These Terms of Sale may be varied from time to time by HDM srl, against the specification of the new effective date of their validity on the site HDM srl estore.

Any modifications to the Terms of Sale will apply to orders placed on or after the effective date (inclusive), provided that the Terms of Sale, as modified, are visible on the site as the then applicable terms. Before placing an order for products, users will be given the opportunity to review these Terms of Sale and will be asked to accept them.
2. Online ordering via personal account or in “guest” mode

In order to place an order on the HDM srl estore, the user can create a user account (username and password). The user is required to maintain the confidentiality of his password and limit access to his password and account, and assumes responsibility for each act performed, and each purchase made, through his account.
Alternatively, you may place your order in “guest” mode, without creating or accessing an account.

3. Order placement

To purchase products on HDM srl estore, you will be required to:
– have accepted these Terms of Sale and the privacy policy of HDM srl estore.
– provide your name and address, telephone number, email address, payment details and other required information;
– provide a valid delivery address (please note that HDM srl does not deliver to P.O. boxes or to automatic parcel distribution points. Orders are shipped by courier and therefore the signature of a physical person will be required upon delivery);
– in case of payment by debit/credit card, be the owner or authorized holder of a valid debit/credit card to purchase the products;
– in case of payment by PayPal, be the holder of a valid PayPal account for the purchase of products.

You may place an order by proceeding to checkout after clicking on the “ADD TO CART” button. You agree that your order(s) is (are) a proposal to purchase the product(s) listed in your order pursuant to these Terms of Sale.

Each product order is considered a separate purchase. All orders are, then, subject to acceptance by HDM srl, which reserves the right to refuse, without having to provide any explanation, any order (including, by way of example but not limited to, orders for which there is a suspicion of fraud). You will be notified if HDM srl decides not to accept your order.

You will have the opportunity to review your order(s), to read and accept the Terms of Sale, to check the total price and characteristics of your order(s) and the information provided, and to correct any input errors before confirming your order(s).

4. Order processing and contract conclusion

Once you have placed your order(s) on HDM srl estore according to the instructions made available on the site through the procedure for placing orders online, HDM srl will send an email to the email address provided, confirming receipt of the order(s) and indicating the details of the product(s) ordered (hereinafter, the “Order Receipt Confirmation Email”).

This email does not constitute acceptance of the order(s): it is only a confirmation of receipt of the order(s) by HDM srl.

The contract between You and HDM srl will only be deemed to be formed when HDM srl sends You an email confirming that the Product(s) have been dispatched (the “Dispatch Confirmation Email”).

HDM srl will not store an accessible copy of each version of these Terms of Sale. However, we will send you an email with the applicable Terms of Sale for each purchase together with the Order Acknowledgement Email for your future reference.

Please also refer to the Legal Notice page.

5. Prices, taxes, shipping and handling charges

The price charged for a product will be the price shown on the information/presentation page for the individual product at the time the order is placed by the user, and will be shown on the confirmation page that will appear to the user on the screen after the order is finalized and in the Order Receipt Confirmation Email.

Shipping and handling charges and the applicable VAT or other taxes and duties will be shown separately on a summary screen before you complete your order and in your Order Receipt Confirmation Email. Shipping and handling charges are determined by the location and method of delivery selected during checkout.

6. Payment

Payments must be made by one of the methods indicated below, and chosen during the checkout process, ie by VISA, MasterCard or Paypal, Bank Transfer.

Depending on the method of payment chosen by the user, the payment will take place in one step (through Paypal) or two steps (using credit cards).

For credit cards (Visa, MasterCard), a debit authorization is required at the time of checkout. The types of credit and debit cards accepted are also indicated at the foot of the page on the site HDM srl estore. In the event that HDM srl does not receive authorization, HDM srl reserves the right to cancel the order placed by the user. The value of the purchase/s will be charged to the respective card once HDM srl will have sent the user the Email of Confirmation of the Shipment.

In case of payment by Paypal, the value of the purchase(s) will be charged at the time of checkout.

In case of payment by bank transfer, the payment must be made to the following address:

HDM srl
BPER BANCA
Viale Ludovico il Moro 51/B
27100 Pavia PV
IBAN: IT25D0538711304000042169180
BIC: BPMOIT22XXX

7. Shipping

HDM srl is committed to ensuring that, except in cases of force majeure, delivery takes place within 45 days of receipt, by the user, of the Email of Confirmation of the Shipment.

HDM srl reserves the right to replace the courier responsible for the delivery of the order.

Each delivery will be preceded by the relevant invoice, transmitted by HDM srl via email.

In the event that the user, without reasonable cause, postpones delivery, or delays the receipt of delivery after notice from HDM srl that it has attempted delivery to the user of the items ordered, or in the event that the user has provided an incorrect delivery address resulting in the failure of delivery, the package will be returned to HDM srl, and HDM srl will be relieved of the obligation to deliver the items within the established delivery period.

Orders are processed with GLS or DHL shipping and a signature will be requested upon delivery. If no one is available to sign for the delivery, the courier will make a second attempt at delivery the next business day. In case of non-delivery even at the second attempt, the courier will leave a note with the relative contact details so that the recipient can contact the same courier in order to organize the delivery according to his needs.

HDM srl will not be responsible for any delay or non-delivery if the delay or non-delivery is caused by circumstances beyond its control including, by way of example but not limited to, acts of war or terrorism, strikes, national or local states of emergency, failure of transport infrastructures, interruptions in the supply of electricity or other utilities, earthquakes, other natural disasters, postponements or delays in delivery caused by the recipient.

8. Availability of products

If the product you intend to order is no longer available, you will be technically prevented from placing your order on HDM srl estore. In addition, in a few exceptional and unforeseeable cases, a product indicated on the site as available may be no longer available after the order has been placed; in this case, the contract between the user and HDM srl will not be concluded and the user will be notified accordingly; the product, therefore, will not be included in the Email of Confirmation of Shipment which will be sent to the user. In the event that the payment is made before the confirmation of the unavailability of the Product (e.g. through PayPal), HDM srl will refund the amounts paid by the user as soon as possible and in any case within thirty days from the communication by HDM srl of the unavailability of the Product.

9. Compatibility, Product Information

The user is requested to verify, when ordering, that the products purchased are compatible with the use to which the user intends to assign them. We invite the user to use the HDM srl estore as the ultimate point of reference at the time of verification of compatibility. In case of discrepancy between the contents of HDM srl estore and any other site (or any other source of information), will prevail the compatibility of products as indicated on HDM srl estore at the time of purchase. Please note that due to the limitations of reproduction of images of products on screen, the exact color, size and design of the products on screen may differ from the actual characteristics of the products.

Subject to the above, if the products you have received do not correspond to those ordered, or if the delivery is incomplete or if there has been damage in transit, we invite you, to receive assistance, to contact without delay the Customer Service Centre of HDM srl by email or by phone within the terms of the law.

10. Ownership of the Products

Ownership of the products, and the relative risk, is transferred from HDM srl to the user on receipt of the products by the latter.

11. Withdrawal, return and refund

Right of withdrawal.
The user has 14 (fourteen) calendar days to withdraw from the contract with HDM srl regarding the item(s) purchased on HDM srl estore without giving any explanation, with an unequivocal statement.
The return request must be sent to support@hdmgroup.it. Any return must be previously authorized by the Seller. The Seller reserves the right to reject returns that have not obtained such prior authorization. The request of return must be made through the form to be requested by mail to the following address: support@hdmgroup.it.
The period of 14 (fourteen) calendar days starts from the moment of receipt of the item purchased on HDM srl estore or, in case of a contract for the delivery of more than one item, from the moment of receipt of the last item of such contract. In order to comply with the deadline of 14 (fourteen) days, the date on which the declaration of withdrawal is sent by the user will be taken as proof. The declaration must be sent to: HDM srl, Via Giordano Bruno 260, 47521 Cesena, or via email to: support@hdmgroup.it.

Legal consequences of withdrawal
In case of withdrawal, the products received must be returned within 14 (fourteen) calendar days. If the products received, including any prizes/gadgets received at the time of purchase, cannot be returned, or can be returned only in part or only in a deteriorated condition, the user is obliged to compensate HDM srl for the relative value. You must compensate HDM srl for the deterioration of the products received only to the extent that such deterioration has been caused by an act not dependent on the verification of the properties and functionality of the product by you. For “verification of the properties and functionality of the product” means the testing and trial of the respective product as would be possible and normal to do in a retail store (not online). Items that can be sent by parcel must be returned by parcel, while the costs and risks of return shipment will be borne by HDM srl, provided that the user uses the return procedure and the courier indicated by HDM srl, for the management of the return. If the user chooses to return the item by a different method, the costs and risks of return shipment will be borne by the user himself. The refund of the amount paid by the user (including the initial delivery costs) will be made by HDM srl within 14 (fourteen) calendar days from receipt of the products to be returned by the user, using the same method of payment used by the latter when placing the order. The period of 14 (fourteen) calendar days runs, for the user, from the time of sending the declaration of withdrawal, while, for HDM srl, this period runs from receipt of the declaration of withdrawal. However, the user can assert his right to reimbursement only after receipt by HDM srl of the returned item or, in any case, if he is able to provide proof of having provided for the return of the item within the period of 14 (fourteen) days provided.

Exceptions to the exercise of the right of withdrawal within the prescribed period.
The right of withdrawal is not recognized for items produced according to specifications provided by the user or clearly tailored to his personal needs.

Policy HDM srl on returns and complaints

Notwithstanding the right of withdrawal of the user as described above, in addition, the user can still return the items purchased on HDM srl estore within 30 (thirty) calendar days from receipt of the same and get a refund of the purchase price (in this case, excluding the initial delivery costs).

The costs of the return shipment will be borne by HDM srl, provided that the user uses the return procedure and the courier indicated by HDM srl for the management of the return. If the user chooses to return only part of the purchase and / or items with a different method, the costs of return shipping will be borne by the user.

For the return of items purchased by exercising this right of return (in addition to the right of withdrawal provided by law), the user must contact the Customer Service Center of HDM srl, via email at support@hdmgroup.it or regular mail at the address Via Giordano Bruno 260, 47521 Cesena, and request authorization to return products with a return form according to the return procedure.

If the user, after having made a request for return, does not return the products, HDM reserves the right to charge the costs incurred directly by it to provide for the withdrawal as originally requested by the customer. HDM Ltd. also reserves the right to request compensation for damages to the user for products returned that would be damaged or used.

Once HDM Ltd. has received and approved the items being returned, HDM Ltd. will confirm receipt of the same to the user via email, also providing for the refund, which will be confirmed by email. HDM Ltd. will provide the refund, approximately, within thirty (30) days from receipt of the email sent by the user, except for the Christmas period and other peak periods.

HDM srl may also propose to the user, at its option, the following possibilities as an alternative to the right to a refund:
– i) You may specifically authorize HDM srl to replace the original product with another product; or
– ii) You may specifically authorize HDM srl to issue a voucher (claim voucher).
The exercise of these rights is optional and is subject to the discretion and express consent of the user.

12. Guarantees and legal rights

The user will be covered by legal warranty for items purchased that prove to be defective. In such cases, you may
– 1. request the repair or replacement of the Product (at your option, unless such remedies would be excessively expensive or impossible for HDM srl),
– 2. if either of these primary remedies is unreasonably onerous or impossible for HDM srl, You may ask for termination of the Contract (with refund of the purchase price by HDM srl after return of the Products by You) or reduction of the purchase price; or
– 3. request compensation for damages.

The purchased item is free from material defects if, at the time of delivery, it has the agreed quality. To the extent that no specific quality has been agreed upon between the parties, the purchased item is deemed to be free from material defects if:
1. it is fit for the use for which it is intended under the contract; and/or
2. it is fit for the normal use for which it is intended and its quality is that normally found in articles of the same type, and the buyer can expect such quality given the type of article. The term “quality” includes those characteristics which the buyer can expect based on statements about the specific characteristics of the purchased item made publicly by the seller, manufacturer or their representative (including but not limited to: on advertising or identification material), unless the seller was unaware of the statement and was not even required to be aware of it, or unless, at the time of entering into the contract, the quality had been changed but was still of the same standard, or was not relevant to the decision to purchase the item.

HDM srl will bear all the expenses necessary to remedy the defect; in particular: transport costs, travel expenses of the employees, labour and materials. HDM srl may refuse to proceed with the type of remedy chosen by the user, if this type of remedy is only possible at a disproportionate expense. In this context, particular account must be taken, by way of example but not limitation, of the value of the defect-free item, the extent of the defect and the possibility of resorting to alternative remedies without causing substantial damage to the user. In this case, the dispute will be restricted to the alternative remedy; and HDM srl’s right to reject the alternative type of remedy will also remain, subject to the requirements set out in point 1 above. Where HDM srl provides, for the purposes of remedying a user’s claim for a defective product, a product which is free from defects, HDM srl may require the return of the defective product.

The user has the right to contest the defect of the product purchased only if he reports the defect to HDM srl immediately after he has detected it, or immediately after he should have reasonably detected it. Reports of defects made within two months after their discovery are considered timely. The legal warranty, relating to the non-conformity of a purchased product with respect to what was agreed in the contract, is prescribed in two years from the purchase, without prejudice to the right of the user to request a price reduction or compensation for damages, as an exception in legal actions aimed at obtaining the payment of the price of the items purchased.

Users must keep the order confirmation/invoice (and forward it to the eventual recipient of a gift product) as original proof of purchase of the product which must be attached in order to activate the legal warranty. HDM srl will not be responsible for defects caused by improper use and damage to products resulting from such improper use will not be covered by warranty.

13. Responsibility

These Terms of Sale set out all the obligations and all the responsibilities of HDM srl regarding the sale of products through the HDM srl estore. In particular, HDM srl does not guarantee that the products are suitable for the purposes / expectations expected or required by the user.

Except in cases of fraud or gross negligence, HDM srl will not be responsible in case of loss of earnings, loss of revenue, profits, data or any other indirect or consequential damage of any kind arising from or in any way connected to the contractual relationship established with the Customers.
HDM srl’s liability, in any case, will not exceed 30% of the consideration for the relative supply.

14. Severability

If any provision of these Terms of Sale is held to be unlawful, void or for any reason unenforceable, such provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. The provision that is unlawful, void or for any reason unenforceable shall be replaced by a valid provision whose rationale or “economic purpose” comes as close as possible to the provision that is unlawful, void or for any reason unenforceable.

15. Contacts

The HDM srl Customer Care Centre will help users with questions or disputes relating to orders placed on the HDM srl estore.

For orders and deliveries in EMEA:
Users may contact HDM srl via email (support@hdmgroup.it).

HDM srl Customer Service Center is closed on Saturdays and Sundays and on the following holidays:
– January 1
– January 6th
– Easter Day
– Easter Monday
– April 25th
– May 1st
– June 2nd
– August 15th
– November 1st
– December 8th
– December 25 (Christmas Day)
– December 26th

16. Applicable Law

These Terms of Sale and the purchase of products from HDM srl through HDM srl estore will be governed by, and interpreted in accordance with, Italian law.
In case of disputes relating to the contract of purchase of products or in any case in relation to the procedure of purchase on HDM srl estore or in relation to these Terms of Sale, you will always have the right to refer to the Court of your place of residence or domicile.

Last Update 28/04/2021