Terms and conditions

Welcome to hiro.design. Users are invited to carefully read the following general conditions as they contain important information for correct use of the platform.

They constitute a binding contract between users and the platform operator.

DEFINITIONS

The following definitions can be used indifferently in the singular or plural. Terms denoting one gender include the other gender.

“Account” set of data that allows the User, following registration, to use the tools and functions integrated into the Platform.

“Buyer” “User” or “Customer” the person who purchases one or more Design Objects through the Portal.

“General Conditions”, “Contract” or “Terms of Use” this contract in force between the Platform Manager and Users which governs the use of the Site and the purchase of the Goods.

“Designer” the person who created the project relating to the Products offered for sale on the Portal;

“Hiro”, “Manager” or “Company” the company Hiro Srl registered office in Via dell'Artigianato 6/8, 37030 Badia Calavena (VR) - VAT number/Tax Code: IT04470670235 - REA VR423099 - Share capital 50,000 Eur € - owner and manager of the Site.

“Design object”, “Good” or “Product” furniture and design objects published in the electronic catalogs found on the Platform.

“Party” or “Parties” The Company and the Buyer separately or jointly.

“Purchase price” is the consideration that the Buyer pays the Manager for each Product purchased.

“Payment Service Provider” or “Provider” a third party company that provides online payment services.

“Rating” Evaluation system that allows Buyers to assign a score to the Designer commensurate with the level of satisfaction with the purchased Good.

“Services” the use of the Platform and the features described in the Agreement.

“Site”, “Platform” or “Portal” means the website www.hiro.design

“Visitor” is the person who accesses and browses the Site without creating an Account or making a purchase.

PREMISES

a) The Site www.hiro.design consists of a marketplace that facilitates the meeting between supply and demand of Design Objects, allowing Customers to purchase the Products advertised on the Platform.

b) The software systems responsible for operating the Portal will forward the purchase orders to the Manager upon request of the Customers.

c) Acceptance of the Contract electronically will result in the conclusion of an effective remote sale of movable goods between the Manager and the Buyer.

d) The premises form an integral part of this contract. The terms indicated in the singular may also include the plural; terms denoting one gender may include the other gender.

1. OBJECT

1.1 These General Conditions govern the use of the Site and the distance selling of the Products published therein. The Company provides Customers with a digital platform that allows them to search, select and purchase design objects electronically.

1.2 The Buyer may:

a) search and select the design objects you intend to purchase, adding them to the virtual sign;

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 history of purchases made on the Portal.

1.3 A section dedicated to frequently asked questions has been published on the Portal to help Buyers orient themselves in the use of the Platform and Services.

2. ACCESS AND USE OF THE SITE

2.1 Simple access to the Site by the Visitor is free and does not require registration. By creating an Account, the User confirms that they are 18 years of age and that they have read and understood this Agreement by placing a check mark in the appropriate box and pressing the virtual acceptance button.

2.2 During registration, the following personal data will be requested: name, surname, e-mail address, VAT number, if any. The aforementioned communication is necessary for contractual purposes and must contain truthful, correct and updated data. Before completing registration, the User must choose an authentication username and password that complies with certain minimum security 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 promptly requesting its deactivation from the Company.

3. PURCHASE OF GOODS AND METHODS OF PAYMENT

3.1 The Platform allows the Buyer to access a virtual catalog of Products and select those he intends to purchase.

3.2 The Customer has the right to customize the search for Design Objects by setting a series of search parameters. These criteria allow the Products to be identified on the basis of the selected characteristics, including but not limited to the type and price range.

3.3 Once the Good has been selected, the Customer will be able to view the product sheet with the characteristics of the Good.

3.4 Registering an Account is not necessary to complete the purchase of the Goods, as the Customer can purchase as a simple Visitor. Nonetheless, registering an Account will allow the Buyer, especially in the case of recurring purchases, to conclude transactions more quickly, keep the receipt address separate from the shipping address, save their personal data and the delivery address avoiding re-insertion of the same for each new operation.

3.5 If the Customer already has an Account, they can log in and confirm their desire to proceed with the purchase using the virtual confirmation button. The Customer will be redirected to the payment page where they can complete the order by proceeding directly with the payment. Before the transaction is concluded and the payment is made, it will always be possible to modify the data entered.

3.6 The purchase will take place electronically by selecting the acceptance box of the General Conditions and pressing the virtual payment button with which the Customer will confirm the desire to conclude a purchase contract with the Manager. When the Seller receives the order and after verifying the success of the payment, he will send the Buyer a confirmation message via email containing the order summary and will instruct the shipping company to deliver the ordered Goods. The Customer will be able to view the history of purchases made on the Portal at any time.

3.7 The User agrees to conclude the Contract only after having read and fully understood these General Conditions. Both during the purchase and registration phase, the Customer will be responsible for communicating truthful, updated and correct personal data. The User may print or otherwise save these General Conditions on a durable medium, pursuant to art. 12, Legislative Decree 9 April 2003, n. 70. The General Conditions of Purchase will be archived by the Manager on the platform server and will be consultable at any time through the appropriate link on the home page.

3.8 The Buyer will have various payment systems available, including Paypal, credit card, bank transfer. If the User decides to pay the fee by credit card, he authorizes the Manager to debit or request authorization to debit the payment card used. Payments made through the Site are managed by "UniCredit Banca", by the customer's bank via the "MyBank" service or by PayPal Europe, depending on the payment methods selected.

3.9 The use of the payment systems indicated may involve the registration of an account with the external suppliers who manage the payment services. Creating an account constitutes acceptance of their terms of service. The User is aware and accepts that by purchasing a Product he will have to communicate his payment details to the external supplier who manages the payment services. The Manager does not access payment data.

3.10 Customers will have the opportunity to issue an evaluation by assigning a score to the Product purchased. The comments and opinions left by the Buyer will be public and visible to any Visitor. The score is assigned in the margin of a short questionnaire, to which the Customer will be free to answer or not. The Customer undertakes to leave comments free of offensive, inappropriate, vulgar or defamatory content. The Manager reserves the right, at its own discretion or upon notification, to evaluate the opinions issued and their compliance with this paragraph, with the law or with good customs, reserving the right to remove all those opinions which distort competition, are clearly false or otherwise inappropriate, including any self-assessments.

4. DELIVERY, OBLIGATION TO CONTROL, REPORTING DEFECTS AND RETURN

4.1 The Company will send the purchased Products to the address indicated in the order form via courier or postal service. The estimated delivery date will be indicated at the conclusion of the Contract and confirmed in the order summary email. The shipping date and costs may vary depending on the place and type of delivery and the characteristics of the Products.

4.2 Delivery costs are borne by the Customer. The purchase receipt or commercial invoice will be sent in advance via e-mail, downloadable from your reserved area on the website and subsequently delivered via post or courier.

4.3 Upon delivery, the Buyer is required to verify the conformity of the Product with the order placed. Any damage to the packaging or anomalies must be reported upon delivery by placing the words "accepted with reservation" on the transport document and providing a brief description of the reason for this reservation. In the event of the Buyer's absence during the delivery phase of the Product, a notice will be left with the necessary information to contact the carrier with which to arrange a second delivery. It is understood that, in the event of non-delivery due to the absence of the Buyer, it will be the responsibility of the latter to make the necessary contacts with the forwarder or postal service to agree on the delivery time or collection at the warehouse where the Goods will be placed in stock. Failure to request a new delivery by the Buyer will result in the termination of this Contract, with the Customer having the right to receive a refund of the amount paid without prejudice to storage costs, returns and any other costs incurred by the Seller due to failure delivery due to absence or refusal to receive the Goods by the Customer.

5. RIGHT OF WITHDRAWAL, REFUND AND RETURN OF PRODUCTS

5.1 The Buyer is made aware of the fact that, in compliance with the provisions of the art. 52 and following of Legislative Decree no. 206/2005 and subsequent amendments (hereinafter also "Consumer Code" ), they will have the right to withdraw from the purchase, without any penalty and without specifying the reason, within 14 (fourteen) days from when they come into possession of the Product , or in the case of purchasing multiple Products at the same time, from the day on which you take possession of the last Product purchased. The right of withdrawal can be exercised by sending specific communication via registered mail or via email to the following address: shop@hiro.design. In the event that the User uses simple e-mail, for the communication to be considered successful it is necessary for the Manager to confirm receipt. The User can use the attached withdrawal form which can be downloaded from this link […..].

5.2 In case of withdrawal, the Buyer must 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 any decrease in the value of the Goods resulting from handling the Goods other than that necessary to establish their nature, characteristics and functioning. The direct costs of return will be borne by the Customer. If the Customer requests it, the Manager will appoint its own courier to proceed with the collection at the Customer's home. Following withdrawal, all payments that the Buyer has made to Hiro will be refunded, using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise. The refund may be suspended until receipt of the Goods or until the Buyer demonstrates that he has sent back the Goods, whichever is earlier. The return of the Goods must in any case take place no later than 14 (fourteen) days from the date of communication of the withdrawal to the following address: Hiro Srl, Via dell'artigianato 6/8, 37030 Badia Calavena, VR

5.3 The right of withdrawal is excluded for the supply of goods made to measure or clearly personalized and will apply to the purchase of goods whose cost is less than or equal to 50 (fifty/00) euros. The Buyer will in any case be notified before completing the order in the event that a specific purchase does not include the right of withdrawal. The Buyer will retain the possibility of exercising the right of withdrawal in the case of multiple Goods purchased at the same time, if the amount of the total consideration 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 qualify as a consumer pursuant to the Consumer Code.

6. LEGAL WARRANTY

6.1 The Buyer who qualifies as a consumer pursuant to Legislative Decree 6 September 2005, n. 206 and subsequent amendments or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, you will be able to benefit from the 2-year legal guarantee on the Products for defects of conformity, starting from the date of delivery. Any defects of conformity must be reported no later than 2 months after their discovery.

6.2 The Customer who does not qualify as a consumer pursuant to Legislative Decree 6 September 2005, n. 206 and subsequent amendments or Directive 2011/83/EU, must report any defects in the Product no later than 8 days after delivery. The action expires, in any case, one year from delivery.

6.3 The Buyer undertakes to ship the goods in their original packaging, complete with all accessories, the delivery document and a detailed description of the defects. Shipping costs will be borne by the Company, which may agree with the Buyer to collect the product at the latter's domicile or residence. As soon as it has received the Product, the Company will take delivery of the defective Product to verify whether the malfunction depends on a lack of conformity or not.

6.4 In the sole case in which the malfunction or failure of the Goods to comply with the use declared by the Company does not depend on a lack of conformity, Hiro may ask the Buyer for a refund for shipping costs and the cost of verification, in any case not higher than for 50 euros.

6.5 The request to make use of the guarantee must be received in written form via e-mail using the e-mail: shop@hiro.design or registered letter with return receipt, to the following address: Hiro Srl, Via dell'artigianato 6/8, 37030 Badia Calavena, VR

In the event that the User uses simple e-mail, for the communication to be considered successful it is necessary for the Manager to confirm receipt.

6.6 Defects due to ordinary and normal wear and tear of the Product are excluded from the warranty, as are defects or damage caused by inadequate or incorrect use of the Product and in any case attributable to external circumstances and beyond the Manager's control. 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, artisanal and semi-artisanal production methods. Any small imperfections are not to be considered defects but rather characteristics that make each Product unique and authentic.

7. LIMITATION OF LIABILITY AND DISCLAIMER OF OTHER WARRANTIES

7.1 Without prejudice to the provisions of mandatory provisions of law, Hiro expressly excludes any liability for delays or failure to deliver the Goods due to causes not directly attributable to him, such as force majeure, unforeseeable circumstances and events attributable to the Customer himself 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 damage to property or persons caused by use of the Products that does not comply with the instructions and warnings provided by the Manager.

7.2 The Company cannot guarantee the uninterrupted functioning of the Platform or the absence of malfunctions of any kind, nor that it will be able to correct all defects or malfunctions that may occur during its use. However, although we cannot guarantee the absence of defects or malfunctions of the software that 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 Site and the Services may be temporarily interrupted for maintenance. In the event of scheduled maintenance, the Company undertakes to publish a notice directly on the Site indicating the intervention time slot.

7.3 The Site may contain back links and hypertext links that refer to third-party websites. The Customer is aware of and assumes all risks deriving from the use of links that could redirect him to external sites over which the Manager has no control. The latter declines any responsibility regarding the accuracy and type of contents present on such websites.

8. CHANGES TO THE GENERAL CONDITIONS AND FUNCTIONS OF THE PLATFORM

The Manager reserves the right to make changes to the General Conditions at any time for technical or commercial reasons. Any changes will be communicated by publishing a notice on the home page of the Site and will not have effect on orders already concluded but will apply only to subsequent transactions. It is the Customer's precise duty, regardless of receipt of said communication, to regularly check the date of last update indicated at the bottom of the Contract. Once the communication has been made in the manner indicated above, the Customer will be required to comply with the new General Conditions or, if he does not intend to accept the changes, to immediately discontinue use of the Site. The Customer will however have the opportunity to view the previous versions of the General Conditions which will be made available upon request.

9. OWNERSHIP OF CONTENTS

All contents made available by the Company through the Site, including trademarks, instinctive signs, expressions, texts, domain names, software systems used in relation to the Site and the Services are the exclusive property of the Manager and any assignors. Except as otherwise established by mandatory provisions of law, it is prohibited to modify, alter, distribute, disseminate and copy the contents that the Company makes available on the Site without its authorization. Any unauthorized use is to be considered a serious violation of the laws protecting the copyright and intellectual property rights of the Manager and will be prosecuted to the fullest extent of the law.

10. COMMUNICATIONS

10.1 The Manager may send technical communications relating to the functioning of the Site, including messages, communications, announcements, notifications regarding the latest news on the Services.

10.2 Users may contact the Company to request information or to report any technical problems with orders or the functioning of the Platform by sending a communication to the following e-mail address: shop@hiro.design.

11. APPLICABLE LAW AND 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 dispute relating to this Contract, the Court of Verona will have exclusive jurisdiction.

11.2 If the Buyer qualifies as a consumer pursuant to the Consumer Code, he may decide to take action in the court of his residence.

11.3 In accordance with EU Regulation of the European Parliament and of the Council No. 524/2013 we report the link to the European online dispute resolution platform: ec.europa.eu/consumers/odr/