TERMS AND CONDITIONS OF HIRO.DESIGN MARKETPLACE
Welcome to hiro.design. Users are invited to read the following general conditions carefully as they contain important information for the correct use of the platform. They constitute a binding contract between users and the platform operator.
The following definitions can be used indifferently in the singular or the plural form. The terms denoting a gender include the other gender.
“Account” the set of data that allows the User, after registration, to use the tools and features integrated in the Platform.
“Buyer” “User” or “Customer” the person who purchases one or more Design objects through the Portal.
“Designer” the person who created the project concerning the Products offered for sale on the Portal;
“Hiro”, “Operator” or “Company” the company Hiro S.r.l. registered office in Via dell'Artigianato 6/8, 37030 Badia Calavena (VR) - VAT no/Tax code: IT04470670235 - EAI VR423099 - Share capital 50.000 Euro € - owner and operator of the Website.
“Design objects”, “Goods” or “Products” the furniture and design items published in the electronic catalogues found on the Platform.
“Party” or “Parties” The Company and the Buyer understood both as severally or jointly.
“Purchase Price” the sum that the Buyer recognises as due to the Operator for each Product purchased.
“Payment service provider” or “Provider” a third-party company which provides online payment services.
“Rating” An evaluation system which allows Buyers to assign a score to the Designer based on the level of appreciation of the Goods purchased.
“Services” the use of the Platform and of the features described in the Contract.
“Website”, “Platform” or “Portal” the website www.hiro.design
“Visitor” a person who accesses and browses the Website without creating an Account or making a purchase.
a) The Website www.hiro.design consists in a marketplace which facilitates the meeting between the supply and demand of Design Objects, allowing Customers to purchase Products advertised on the Platform.
b) The software systems responsible for operating the Portal will forward the purchase orders to the Operator upon request of the Customers. c) The acceptance of the Contract in electronic mode will result in an effective conclusion of a distance sale of movable goods between the Operator and the Buyer.
d) The foreword constitutes an integral part of this contract. The terms indicated in the singular may also include the plural; terms identifying a gender may include the other gender.
1. SUBJECT MATTER
1.1 These General Terms and Conditions govern the use of the Website and the distance sale of the Products published therein. The Company provides its Customers with a digital platform which allows them to search, select and purchase Design Objects via computer.
1.2 The Buyer may: a) search for and select the Design Objects he/she intends to purchase, adding them to the virtual basket; b) proceed to checkout, pay for the Product in the manner described in the Contract by completing the purchase order. c) register a personal account and view the purchase history on the Portal.
1.3 A section dedicated to frequently asked questions has been published on the Portal to help Buyers use the Platform and Services.
2. ACCESS AND USE OF THE SITE
2.1 The Visitor's simple access to the Website is free and does not require registration. By creating an Account, the User confirms that he/she is 18 years of age and has read and understood this Contract, placing a checkmark in the appropriate box and pressing the virtual Accept pushbutton.
2.2 During the registration, the following personal data will be requested: name, surname, e-mail address, possible VAT number. This communication is necessary for contractual purposes and must contain truthful, correct and up-to-date data. Before completing the registration, the User must choose an authentication username and password which meets certain minimum safety criteria required by the Company. The password is strictly personal and non-transferable. In the event of theft or loss, the Customer will be responsible for modifying it or for promptly requesting the Company to deactivate it.
3. PURCHASE OF GOODS AND PAYMENT METHODS
3.1 The Platform allows the Buyer to access a virtual catalogue of Products and to choose the ones he/she intends to purchase.
3.2 The Customer may customise the search for design objects by setting a series of search parameters. These criteria make it possible to identify the Products on the basis of the characteristics selected, for example, including but not limited to, the type and the price range.
3.3 Once the Goods have been selected, the Customer can view the product sheet with the characteristics of the Goods.
3.4 Registering an Account is not necessary to complete the purchase of the Goods, as the Customer can purchase as a simple Visitor. Nevertheless, registering an Account will allow the Buyer, particularly in the case of recurring purchases, to conclude transactions more quickly, to keep the address of the receipt separate from that of the shipment, to save personal data and the delivery address, thereby avoiding their re-entry at each new operation.
3.5 Should the Customer already have an Account, he/she can log-in and confirm his/her willingness to proceed with the purchase by means of the virtual confirmation pushbutton. The Customer will be redirected to the payment page where he/she can complete the order by proceeding directly with the payment. Before the transaction is concluded and the payment made, it will always be possible to change the data entered.
3.6 The purchase will be made electronically by ticking the acceptance box of the General Terms and Conditions and by pressing the virtual payment pushbutton with which the Customer confirms his/her will to conclude a purchase contract with the Operator. At the moment the Seller receives the order and after verification of the successful payment, the latter will send the Buyer a confirmation message by email containing the order summary and will instruct the carrier to deliver the ordered Goods. The Customer may at any time view the purchase history on the Portal.
3.7 The User agrees to conclude the Contract only after having read and fully understood these General Terms and Conditions. Both during purchase and registration, the Customer will be responsible for communicating truthful, up-to-date and correct personal data. The User may print or otherwise save these Terms and Conditions on a durable medium, pursuant to art. no 12, L. Decree no 70 dated 9 April 2003. The General Terms and Conditions of Purchase will be stored by the Operator on the platform server and may be viewed at any time through the appropriate link on the home page.
3.8 The Buyer will have different payment systems available, including PayPal, credit card, bank transfer. Should the User decide to pay the sum by credit card, he/she authorises the Operator to debit or to request authorisation to debit the card used for the payment. Payments made through the Website are handled by "UniCredit Banca", by the customer's bank using the "MyBank" service or by PayPal Europe, according to the chosen payment method.
3.9 The use of the indicated payment systems could involve registering an account with the external suppliers which manage the payment services. Creating an account implies acceptance of their terms of service. The User is aware and accepts that by purchasing a Product, he/she must communicate the payment data to the external provider that manages the payment services. The Operator does not access any payment data.
3.10 Customers will have the opportunity to issue an evaluation by assigning a rating to the purchased Product. The comments and opinions issued by the Buyer will be public and visible to any Visitor. The rating is assigned following a short questionnaire, which the Customer may freely answer or not. The Customer undertakes to issue comments that are free of offensive, inappropriate, vulgar or defamatory contents. At its own discretion or upon notification, the Operator reserves the right to evaluate the opinions issued and their compliance with this paragraph, the rules of law or morality, reserving the right to remove all those comments, distortive of the competition, clearly false or in any case inappropriate, including any self-assessments.
4. DELIVERY, DUTY TO CHECK, REPORTING DEFECTS AND RETURNS
4.1 The Company will despatch the purchased Products by courier or postal service to the address indicated on the order form. The estimated delivery date will be indicated when concluding the Contract and confirmed in the order summary e-mail. The date and shipping costs may vary according to the place and type of delivery and to the characteristics of the Products.
4.2 Delivery costs are charged to the Customer. The receipt of purchase or the commercial invoice will be sent in advance via e-mail, downloadable from your personal area on the website and subsequently delivered by post or courier.
4.3 Upon delivery, the Buyer must check the compliance of the Product in relation to the order placed. Any damage to the packaging or anomalies must be reported immediately upon delivery with the wording "accepted with reservation" and providing a brief description of the reason for this reservation. In the absence of the Buyer during the delivery phase of the Product, a notice will be left with the necessary indications to contact the carrier with whom to agree a second delivery. It is understood that, in case of non-delivery due to the absence of the Buyer, it will be the latter's responsibility to contact the courier or postal service to agree the delivery time or the collection at the warehouse where the goods will be placed in storage. The Buyer’s failure to request a new delivery will result in the termination of this Contract, with the Customer’s right to receive a refund of the amount paid, subject to storage and restitution costs and to any other costs incurred by the Seller because of the failed delivery due to the Customer’s absence or refusal to receive the goods.
5. RIGHT OF WITHDRAWAL, REFUND AND RETURN OF PRODUCTS
5.1 The Buyer is notified of the fact that, in compliance with the provisions of art. 52 and following articles of Legislative Decree no. 206/2005 and subsequent amendments and additions (hereinafter also “Consumer Code”), he/she will have the right to withdraw from the purchase, without any penalty and without specifying the reason, within 14 (fourteen) days from when he/she comes into possession of the Product, or in the case of purchasing several Products at the same time, from the day on which he/she comes into possession of the last Product purchased. The right of withdrawal may be exercised by sending an appropriate communication by registered letter with return receipt or by e-mail to the following address: [email protected] Should the User use a simple e-mail, for the communication to be considered successful, the Operator must confirm its receipt. The User can use the attached withdrawal form which can be downloaded from this link […..].
5.2 In case of withdrawal, the Buyer shall return the Goods intact, with the original packaging, and indicate in the request the name of the Product that was purchased. The Buyer will be responsible for the decrease in the value of the Goods resulting from handling these other than in the manner required in order to establish their nature, characteristics and operation. The direct costs of the return will be borne by the Customer. Should the Customer so request, the Operator will instruct its own courier to collect from the Customer's address. Following the withdrawal, all payments that the Buyer has made to Hiro will be reimbursed, by means of the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise. The reimbursement may be suspended until the Goods are received or until the Buyer proves the return despatch of the Goods, if earlier. The return of the Goods must in any case take place no later than 14 (fourteen) days from the date of the withdrawal communication, to the following address: Hiro S.r.l., Via dell’artigianato 6/8, 37030 Badia Calavena, VR
5.3 The right of withdrawal is excluded for supplies of tailor-made or clearly personalised Goods or for the purchase of Goods whose cost is less than or equal to 50 euros (fifty/00). However, the Buyer will still be notified before the conclusion of the order in the hypothesis in which a specific purchase does not provide for the right of withdrawal. The Buyer will retain the right to exercise his/her withdrawal in the case of several Goods purchased at the same time, if the total amount that the Customer will have to pay, regardless of the amount of the individual Goods, exceeds the sum of 50 euros.
5.4 The right of withdrawal is expressly excluded if the Buyer does not hold the status of consumer in accordance with the Consumer Code.
6. LEGAL WARRANTY
6.1 The Buyer who qualifies as a consumer pursuant to L. Decree no 206 dated September 6, 2005, and subsequent amendments and additions or to Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011, will be covered by the statutory 2-year guarantee on the Products for non-conformity defects, starting from the delivery date. Any non-conformity defects must be reported no later than 2 months after their discovery.
6.2 The Customer who does not hold the status of consumer pursuant to L. Decree no 206 dated September 6, 2005, and subsequent amendments and additions or to Directive 2011/83/EU, must report any defects of the Product within and not later than 8 days from the delivery. The statute of limitation, in any case, is one year from delivery.
6.3 The Buyer undertakes to send the goods in their original packaging, complete with all accessories, the delivery document and a detailed description of the defects. The shipping costs will be borne by the Company, which may agree to collect the product at the Buyer’s domicile or home address. As soon as the Product is received, the Company will take over the defective Product to verify whether the malfunction depends on a non-conformity defect.
6.4 Only in the event that the malfunction or the non-compliance of the goods with the intended use declared by the Company should not be based on a non-conformity defect, Hiro may ask the Buyer for a refund for shipping costs and the cost of verification, in any case not exceeding 50 euros.
6.5 The warranty claim must be sent in writing via e-mail: [email protected] or via registered letter with return receipt, to the following address: Hiro S.r.l., Via dell’artigianato 6/8, 37030 Badia Calavena, VR Should the User use a simple e-mail, for the communication to be considered successful, the Operator must confirm its receipt.
6.6 Defects due to ordinary and normal wear and tear of the Goods, as well as defects or damage caused by an improper or incorrect use of the Product and in any case attributable to external circumstances and beyond the control of the Operator, are excluded from the warranty. Likewise, the warranty does not cover components subject to wear and tear.
6.7 The Design Objects sold on the Marketplace are made in small series through a combination of industrial, craft and semi-handcrafted manufacturing methods. Any small imperfections should not be considered defects but rather characteristics that make each product unique and authentic.
7. LIMITATION OF LIABILITY AND EXCLUSION OF FURTHER WARRANTIES
7.1 Without prejudice to the provisions of mandatory laws, Hiro expressly excludes any responsibility for delays or the non-delivery of Goods due to causes which are not directly attributable to it, such as force majeure, fortuitous occurrences and actions attributable to the Customer or to third parties. Without prejudice to the liability envisaged in the event of a Product defect, the Company declines to the maximum extent permitted by law any liability for damages to property or persons caused by a use of the Products which does not comply with the instructions and warnings provided by the Operator.
7.2 The Company cannot guarantee the uninterrupted operation of the Platform or the absence of malfunctions of any kind, nor that it will be able to correct any defects or malfunctions that may occur during its use. However, even though it cannot guarantee the absence of software faults or malfunctions which could cause delays, interruptions or suspensions of the Services, the Company will make every reasonable effort to intervene without undue delay in order to restore the full functionality of the Platform. In particular, access to the Website and the Services may be temporarily interrupted due to maintenance. In the case of scheduled maintenance, the Company undertakes to publish a notice directly on the Website indicating the time slot of the intervention.
7.3 The Website may contain back links and hypertext links which redirect to third-party websites. The Customer is aware of and assumes all risks arising from using links which may redirect him/her to external websites over which the Operator has no control. The latter accepts no responsibility for the accuracy and type of content on these websites.
8. CHANGES TO THE GENERAL TERMS AND CONDITIONS AND PLATFORM FUNCTIONALITIES
The Operator reserves the right to make changes to the General Terms and Conditions at any time for technical or commercial reasons. Any changes will be communicated by publishing a notice on the home page of the Website and will not affect already concluded orders but will apply to subsequent transactions only. It is the Customer's precise duty, regardless of the receipt of said communication, to regularly check the date of the last update indicated at the bottom of the Contract. Once the communication is made in the manner indicated above, the Customer will be required to comply with the new General Terms and Conditions or should he/she not intend to accept these changes, to immediately stop using the Website. The Customer will in any case have the opportunity to view the previous versions of the General Terms and Conditions which will be made available upon request.
9. OWNERSHIP OF THE CONTENTS
All contents made available by the Company through the Website, including trademarks, distinguishing signs, expressions, texts, domain names, software systems used in connection with the Website and the Services are the exclusive property of the Operator and of any potential assignor. Except as otherwise established by mandatory laws, it is forbidden to modify, alter, distribute, disseminate and copy the contents that the Company makes available on the Website without its authorisation. Any unauthorised use will be considered a serious violation of the laws protecting the copyright and the intellectual property rights of the Operator and will be prosecuted according to the law.
10.1 The Operator may send communications of a technical nature concerning the operation of the Site, including messages, communications, notices, notifications concerning the latest news about the Services.
10.2 Users may contact the Company to request information or to report any technical problem with orders or the operation of the Platform by writing to the following e-mail address: [email protected]
11. GOVERNING LAW AND COURT OF JURISDICTION 11.1 This Contract is governed by Italian law with the exclusion of the Vienna Convention on the international sale of movable goods. For any controversy related to the present Contract, the Court of Verona will have exclusive jurisdiction.
11.2 Should the Buyer hold the status of consumer pursuant to the Consumer Code, he/she may decide to act at the court of jurisdiction of his/her residence.
11.3 In accordance with EU Regulation of the European Parliament and Council No. 524/2013, we report the link to the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/
Date of last update: 30.06.2018