TERMS AND CONDITIONS OF SALE
1. Scope and conclusion of the contract
1.1 These General Terms and Conditions of Sale govern the offer and sale of our products via the Website and shipping thereof by Haumea Srl (” Products”).
1.2 The offer and the sale of Products on the Website constitute a remote agreement governed by Chapter I, Title III (Art. 45 as amended) of Legislative Decree dated September 6, 2005, no. 206 (“Consumer Code”) and Legislative Decree dated April 9, 2003, no. 70, on the rules of electronic commerce.
1.3 These General Terms and Conditions of Sale apply to all sales of the Products made by Haumea srl via the Website www.haumeastore.com (“General Terms and Conditions of Sale” or “GTC”) and do not apply to the sale of products and/or services on the Website by Third Party Sellers. These terms and conditions can be changed at any time. Any changes shall enter into force from the moment of their publication on the Website, under the section “General Terms and Conditions of Sale”, on each page of the Website. Therefore, users are invited to regularly go to the Website and consult the latest version of the General Terms and Conditions of Sale before making any purchase.
1.4 The General Terms and Conditions of Sale applicable are those in force at the date of transmission of the purchase order of a Product.
1.5 Before proceeding with the purchase of Products via the Website, the user must carefully read these General Terms and Conditions of Sale, which Haumea makes available under the section ”General Terms and Conditions of Sale” of the Website and which it is allowed to archive and reproduce, as well as all other information that Haumea provides on the Website, both before and during the purchase procedure.
1.6 These General Terms and Conditions of Sale do not govern the sale of products by subjects other than Haumea, which are present on the Website through links, banners or other hyperlinks. Before making commercial transactions with such entities it is necessary to check their terms and conditions of sale. Haumea is not responsible for the provision of services and/or for the sale of products by such parties. Websites accessible through these links are not checked and monitored by Haumea. Therefore, Haumea denies all liability for the content of such websites or for any errors and/or omissions and/or violations of the law by the same.
1.7 These General Terms and Conditions of Sale do not govern the sale of products and/or services on the Website by Third Party Sellers. Before making commercial transactions with such entities, it is necessary to verify their terms and conditions of sale made available on the seller's presentation page, which you can access (where applicable) by clicking on the name of the seller on the Product Page and at each stage of the purchase process. Haumea, as a mere provider and technical operator of the platform, is not part of the sales contract between you and the Third Party Seller. Therefore, Haumea is not responsible for the provision of services and/or for the sale of products by Third Party Sellers.
2. Purchases on the Website
2.1 The purchase of Products on the Website can only be made after completing the registration on the Website in the manner referred to in Art. 3 hereinbelow and is allowed both to users who are consumers and users who do not have such quality. Natural persons may purchase only on condition that they have reached the age of 18.
2.2 Pursuant to Art. 3, I paragraph, letter a) of the Consumer Code, please note that the consumer is the natural person acting for purposes unrelated to any business-related, commercial, craft or professional activity.
2.3 In the case of orders, regardless of who places them, that are considered non conform in terms of the quantity of the products purchased or the frequency of purchases made, Haumea reserves the right to take all necessary actions to solve such non-conformities, including suspension of access to the Website, cancellation of registration to the Website or non-acceptance or cancellation of irregular orders.
2.4 Haumea reserves the right to refuse or cancel orders coming from (i) a user with whom it has an ongoing legal dispute; (ii) from a user who has previously violated the present GTC and/or the conditions and/or terms of the purchase agreement with Haumea; (iii) from a user who has been involved in fraud of any kind and, in particular, fraud related to credit card payments; (iv) from users who have issued false, incomplete or otherwise inaccurate identification data or who have not promptly sent to Haumea the documents requested by the same within the framework of the procedure referred to in Articles 9.1.2 and 9.1.3 hereinbelow or who have sent invalid documents.
3. Registration on Website
3.1 Registration on the Website is free of charge. To register on the Website, the user must fill in the appropriate form, entering name, surname, other personal information, e-mail address and password and click on the “Next” button. Each user can register only once on the Website.
3.2 Registration on the Website allows the user to carry out via a private and personal area the following activities:
• consult their order history;
• access after-sales support services;
• manage personal data and edit them at any time;
• use dedicated services that can be activated from time to time by Haumea.
3.3 The login credentials (username and password) allow the user to: (i) make purchases on the Website. Therefore, login credentials (username and password) must be kept with extreme care. They may only be used by the user and cannot be transferred to third parties. The user shall undertake to keep them secret and ensure that no third party has access to them. He also undertakes to inform Haumea immediately, using the numbers referred to in Art. 15 below, if you suspect or become aware of an undue use or undue disclosure of such data.
3.4 The user guarantees that the personal information provided during the registration process on the Website is complete and truthful and undertakes to keep Haumea free from any liability for any damages, obligations for compensation and/or penalty arising from and/or in any way linked to user's violation of the rules on registration to the Website or on safeguarding the login credentials.
4. Information directed to the conclusion of the contract
4.1 In accordance with Legislative Decree dated April 9, 2003, no. 70 laying down provisions on electronic commerce, Haumea informs the user that:
1. in order to conclude the contract for the purchase of one or more Products on the Website, the user must fill out an order form in electronic format and send it to Haumea, electronically, following the instructions which will be prompted from time to time on the Website;
2. the contract is concluded when the order form is sent to the server of Haumea;
3. before proceeding with the transmission of the order form, the user can identify and correct any errors in data entry by following the instructions on the Website in the different phases of the purchase;
4. Once the order form has been registered, Haumea will send the user, to the e-mail address indicated, the confirmation of the order containing: a summary of the general conditions and details applicable to the contract, information relating to the essential characteristics of the Product purchased, the detailed indication of the price, the means of payment used, the information on the right of withdrawal, delivery costs and any additional costs, the duration of the contract, if applicable, as well as, in the case of an automatic renewal contract, the indication of the conditions to terminate the contract, and Customer Service contacts, which the user can reach to for assistance and/or to file complaints. The General Terms and Conditions of Sale of Haumea, as well as the standard instructions on withdrawal and the withdrawal form of Haumea referred to in Art. 11 below will be attached to the e-mail confirming the shipment referred to in Art. 10.2 following;
5. the order form will be stored in the Haumea database for the time necessary for the execution of the same and, in any case, within the terms of the law. The user can access the order form and/or data related to the same through their personal account.
4.2 The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in the same language.
5. Product Availability
5.1 The Products offered on the Website by Haumea are the articles in the electronic catalogue published on the Website, and displayed by the user at the time of placing the order, specifically referred to as “sold and shipped by Haumea”. Products may belong to various product categories (such as, but not limited to, cardan shafts, gear boxes, various spare parts for agricultural machinery).
5.2 Each Product is accompanied by an information page that shows its main characteristics (“Product Page”). On the Product Page there will be information about the availability of the Product. In the event that a Product is not available, the user may ask to be notified as soon as the Product is available again, by sending a request via the appropriate contact form. The user who sent the request will be notified, by e-mail, in the event that the Product becomes available again within one hundred and eighty (180) days following the submission of the request. The request for notification of availability does not imply any obligation to purchase or apply as a booking and/or ordering of the Product.
5.3 Product availability is monitored and updated. However, since the Website can be visited by several users at the same time, it may happen that several users purchase, at the same time, the same Product. In such cases, therefore, the Product may be, for a short period of time, available, being instead sold out or not immediately available, as it requires stock replenishment.
5.4 If the Product is no longer available for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the rights attributed to the user by law, and in particular by Chapter XIV of Title II of Book IV of the Civil Code, Haumea will immediately notify you by e-mail. The user will therefore be entitled to terminate the contract immediately, without prejudice to the right to compensation for the damage, pursuant to and for the purposes of the provisions of Art. 61, IV and V paragraphs, of the Consumer Code.
Alternatively, and without prejudice to this right of termination, you may accept one of the following Haumea proposals:
(i) if it is possible to replenish the stock of the Product, a delay in delivery times, indicating the new delivery time of the product ordered;
(ii) if Product stock replenishment is not possible, the supply of a different product, with equivalent or greater value, upon payment, in the latter case, of the difference, and upon express acceptance of the user.
The choice of the user must be promptly communicated to Haumea by e-mail, to the address referred to in Art. 15 hereinbelow.
5.5 In the event that the user relies on the right of termination referred to in Art. 61, IV and V paragraphs, Consumer Code, and payment of the total amount due, consisting of the price of the Product, the delivery costs, if applied, and any other additional costs, as resulting from the order (“Total Amount Due”) has already occurred, Haumea will refund the Total Amount Due without undue delay and, in any case, within 14 working days from the day of termination of the contract. The amount of the refund will be communicated to the user via e-mail. In the case of payment by credit card or PayPal, this amount will be credited by the same means of payment used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used. In other cases, Haumea will ask the user to provide by e-mail the bank details necessary to make the refund.
5.6 In case of placing Multiple Orders, if the unavailability relates only to some of the Products subject to the Multiple Order — except for the rights attributed to the user by law, and in particular by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of Articles 5.4 and 5.5 above, if the unavailability regards all Products subject to the order — Haumea will immediately notify the user via e-mail. The user shall, therefore, be entitled to terminate the contract immediately, limited to the Product and/or Products which have become unavailable, subject to the right to receive compensation for damages, pursuant to and for the effects of the provisions of Art. 61, IV and V paragraphs, of the Consumer Code.
Alternatively, and without prejudice to this right, the user may accept one of the following proposals of Haumea:
(i) if it is possible to replenish the stock for the Products within the Multiple Order, which have become unavailable, a delay in the delivery times for such Products, indicating the new delivery time of the same;
(ii) if a replenishment is not possible for the Product and/or Products that have become unavailable, the supply, in place of the Products subject to the Multiple Order that become unavailable, of different products, of equivalent or greater value, subject to payment, in the latter case, of the difference and subject to express acceptance of the user.
The choice of the user must be promptly communicated to Haumea by e-mail, to the address referred to in Art. 15 hereinbelow.
5.7 In the event that the user relies on the right of termination referred to in Art. 61, IV and V paragraphs, Consumer Code, the purchase agreement concerning the Product and/or the Products that become unavailable shall be terminated partially, limited to such Product/s, resulting in refund, if it has already been paid, of the amount due in relation to these Products, including delivery costs, calculated as indicated in Art. 10.3 below, and any other additional costs due in for such Products (“Partial Amount Due”); the termination of the entire Multiple Order will only be possible in the case of evident and proven priority of the Products subject to the Multiple Order that become unavailable compared to the other Multiple Order Products available. The Partial Amount Due in relation to the Product (s) that become unavailable, will be refunded to the user without undue delay and, in any case, within the period of 14 working days from the day of termination of the contract. The amount of the refund will be communicated to the user via e-mail. In the case of payment by credit card or PayPal, this amount will be credited by the same means of payment used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used. In other cases, Haumea will ask the user to provide by e-mail the bank details necessary to make the refund.
6. Product Information
6.1 Each Product is accompanied by the Product Page. The images and descriptions on the Website reproduce the specifications of the Products as faithfully as possible. However, the colors of the Products may differ from the actual colors due to the settings of computer systems or computers used by users to display them. Furthermore, the pictures of the Products on the Website may differ in size or in relation to any accessory products. These pictures should therefore be understood as indicative and with the relative tolerances of use. For the purposes of the purchase agreement, the description of the Product contained in the order form submitted by the user shall be valid.
7. Prices
7.1 All prices of the Products published on the Website are in Euro and are without VAT. Delivery costs, which may vary in relation to the chosen delivery method and/or in relation to the method of payment used, will be specifically indicated (in Euro, without VAT) during the purchase process, before the user is bound by the contract, in the order summary and in the order confirmation email.
7.2 Haumea reserves the right to change the price of the Products at any time and, possibly, several times during the same day. It is understood that the price of the Product that will be charged to the user will be the one indicated in the order summary, displayed by the user before placing the order, and that any changes (increase or decrease in price) following the transmission of the order itself shall not be considered.
7.3 In the event that a Product is offered on the Website at a discounted price, the Website will show (i) the full reference price against which the discount is calculated and (ii) to what that full reference price refers. It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to the actual market price of the same.
8. Purchase Orders
8.1 The purchase agreement is resolutely conditional upon non-payment of the Total Amount Due. In the event that such payment is not made, the contract shall, therefore, be deemed to be terminated by law. The user shall be immediately notified about such resolution and the consequent cancellation of the order: (i) immediately after the order is transmitted, through the Website, in case he has chosen as a payment method with credit card; (ii) by e-mail, if the user has chosen one of the other payment methods made available by Haumea, including PayPal.
8.2 Ownership of the Products will be transferred to the user at the time of shipment, to be understood as the time of delivery of the Product to the carrier (“Shipping”). The risk of loss or damage to the Products, for reasons not attributable to Haumea, on the other hand, shall be transferred to the user when the user or a third party designated by him and other than the carrier, enters physically in possession of the Products.
8.3 In order to submit an order for a Product through the Website, you must read and examine these GTC carefully.
9. Payment methods
9.01 Payment for Products purchased on the Website can be made using the payment methods described in the following paragraphs. Some payment methods may not be used due to the type of Product purchased and/or the method of delivery or shipping. In the event that any of these methods cannot be used in relation to a specific Product, this will be clearly indicated on the Website at the latest at the beginning of the purchase process.
9.1 Credit card
9.1.1 Payment for Products purchased on the Website can be made by credit card directly through the Website. Haumea accepts VISA, Mastercard, AmericanExpress, Maestro credit cards. Accepted credit cards are, in any case, indicated, in the footer of each page of the Website. The Total Amount Due by the user to Haumea is charged at the time of submission of the order.
9.1.2 In order to ensure the security of payments made on the Website and prevent any fraud, Haumea reserves the right to ask the user, by e-mail, to send, by the same means, a two-sided copy of your identity card and in the event that the holder of the order is different from the holder of the card, of the latter's identity card. The document must be valid. The request e-mail will specify the deadline within which the document must be sent to Haumea. This deadline shall not, in any case, exceed 5 working days from receipt of the request by the user. Waiting for the requested document, the order will be suspended. The user is obliged to send the required documents within the specified period.
9.1.3 In the event that Haumea does not receive such documents within the term specified in the request email or receives expired or invalid documents, the contract shall be deemed terminated by law, pursuant to and for the effects referred to in Art. 1456 C.C., and the order shall be consequently cancelled, except for Haumea's right to compensation for any damage that it may ask due to the user's inconsistent behaviour. Termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by Haumea, will result in the cancellation of the order with consequent reimbursement of the Total Amount Due, if paid, according to the provisions of Art. 10.3. In the event of timely receipt by Haumea of the valid documentation requested, the delivery terms applicable to the Product will start from the date of receipt of such documentation.
9.1.4 Haumea uses the secure payment service of Banca Sella, which uses the SSL security protocol. The confidential credit card details (card number, holder, expiration date, security code) are encrypted and transmitted to the payment provider. Therefore, Haumea never has access to and does not store the credit card data used by the user to pay for the Products.
9.3 Paypal
9.3.1 Without prejudice to the provisions of Art. 9.02 above, the payment of Products purchased on the Website can be made via PayPal. If the user chooses PayPal as a means of payment, he will be re-directed to the website www.paypal.it where he will pay for the Products according to the procedure provided for and governed by PayPal terms and conditions of contract agreed by the user with PayPal. The data entered on the PayPal website will be processed directly by the PayPal website and will not be transmitted or shared with Haumea. Therefore, Haumea is not able to know and does not store in any way the data of the credit card linked to the user's PayPal account or the data of any other payment instrument connected with such an account.
9.3.2 In case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the time of the conclusion of the online contract. In the event of termination of the purchase agreement and in any other case of refund, for any reason, the amount of the refund will be credited to your PayPal account. The recrediting time on the payment instrument linked to that account depends solely on PayPal and the banking system. Once the credit order has been placed in favour of such account, Haumea cannot be held responsible for any delays or omissions in crediting the refund amount to the user, for dispute which the user will have to contact PayPal directly.
9.4 Bank Transfer
9.4.1 Without prejudice to the provisions of Art. 9.02 above, the payment of Products purchased on the Website can be made by bank transfer. The bank details for the transfer will be indicated on the “Payments” page accessible via the link on the footer of each page of the Website and in the order confirmation email.
9.4.2 The payment of the Products by bank transfer must take place no later than 7 calendar days from the date of the order. After this period expired, the contract may be regarded as terminated by law, resulting in reimbursement of the Total Amount Due possibly paid late. The termination of the contract will be communicated to the user by e-mail and the amount paid returned in the manner referred to in Art. 5.5, as far as applicable.
9.4.3 In the case of payment by bank transfer, the Shipment of the Products will be made only after receipt by Haumea of the bank transfer. Consequently, the terms of delivery of the Products will start from that date.
9.4.4 To facilitate the connection between the payment received by bank transfer and the order placed, the customer is required to indicate the order number in the bank transfer description field.
10. Methods, costs and delivery deadlines
10.1 Deliveries of the Products are made only within the Italian territory, with the exception of the following locations: Livigno, Vatican City and , if the delivery is intended for a legal entity, Republic of San Marino. The delivery obligation is deemed to be fulfilled by transferring material availability or in any case the control of the Products to the user.
10.2 At the time of Shipment, an e-mail confirming the delivery to the carrier will be sent to the user, with a link containing the tracking number, which the user can use to check the status of the shipment.
10.3 Delivery is subject to a fee and, unless otherwise provided, the delivery costs are borne by the user. The amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euro, without VAT) during the purchase process, in the summary of the order and, in any case, before the user proceeds to the transmission of the order. In case of partial withdrawal from orders with several Products (“Multiple Orders”), the amount of delivery costs to be reimbursed to the user will be equivalent to the delivery costs that the user would have paid for the individual Product subject to partial withdrawal, as resulting from the Product Page, in relation to the specific delivery method chosen by the user. In no case shall the amount of delivery costs to be refunded exceed the amount of costs actually paid by the user for delivery.
10.4 In the order summary and, therefore, before the user proceeds to the transmission of the order, the total price of the order will be indicated, with separate indication of the delivery costs and each other possible additional expenditure. This total amount, which will also be indicated to the user in the order confirmation email, will constitute the total amount the user shall pay for the Product. For each sale made on the Website, Haumea issues an invoice that shall be sent by e-mail to the holder of the purchase order. For billing, Haumea shall use the information provided by the user at the time of submission of the order through the Website and that the user guarantees to be true. No variation in the invoice will be possible after the issue of the invoice. The user agrees to keep Haumea free from any liability for any damage that may arise, including any penalties, in the event that the data provided by the user through the Website for the issuance of the invoice are not true.
10.5 The delivery of the Products purchased on the Website may take place, at the user's choice, in alternative ways and, precisely: (i) to the address specified by the user in the order form (“Home Delivery”); (ii) at the pick-up point called “Headquarters” selected by the user during the purchase process (“Pick up from Headquarters”).
10.6 Home Delivery
10.6.1 In the event that the user chooses Home Delivery, the Products purchased on the Website will be sent and delivered to the address indicated by the user in the order form and indicate the related costs and deadlines during the purchase process, before the user proceeds to the submission of the order.
10.6.2 The Home Delivery of the Product refers to the building number only. Home Delivery will be made from Monday to Friday during normal office hours (from 9:00 to 18:00), excluding national holidays.
10.6.3 The user acknowledges that the withdrawal of the Product is his obligation. In case of non-delivery due to the absence of the recipient, the courier will leave a notice to document the delivery attempt (delivery notice). The notice will also contain the contact details from which the user can contact the carrier to arrange the return or pick up the package. After the failed delivery attempt, the parcel will be stored at the courier. The user is required to pick up the package within 3 calendar days starting from the second day following the one on which the Delivery Notice was issued. In the event that the user does not withdraw the Product within this period, the purchase agreement may be deemed terminated by right, pursuant to and for the purposes of Art. 1456 C.C. Haumea will then proceed, within 15 working days following the termination of the contract, with the refund of the Total Amount Due, if already paid by the user, deducted the costs of Home Delivery that has not been successful, the costs of storage, the costs of returning to Haumea and any other possible expenses incurred due to non-delivery due to the absence of the consignee. The termination of the contract and the amount of the refund will be communicated to the user via email. In the case of payment by credit card or PayPal, this amount will be credited by the same means of payment used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used. In other cases, Haumea will ask the user to provide by e-mail the bank details necessary to make the refund.
10.6.4 The user is obliged to report any particular characteristics relating to the place of delivery of the Product and/or its location, by inserting a note to the order, in the appropriate space placed at its disposition at the end of the purchase process and before sending the order. If you do not provide such information or provide incorrect information, any additional costs that Haumea must bear to carry out the delivery of the Product will be borne by you.
10.7 Delivery/Pick Up from Headquarters
10.7.1 In the event that the user chooses so, he can pick up the product purchased from Haumea headquarters.
10.7.2 As soon as the product is ready for pick-up, the user will receive an e-mail and, if the user has also provided a mobile number, an SMS with info about the delivery of the product at Haumea headquarters. From the date indicated in the Notice, the user will have 5 working days available to arrange for Product pick-up.
10.7.3 The product can be picked up by the user from Monday to Friday morning, during opening hours, excluding national holidays. In case of a prepaid order, to pick up the Product, the user must provide the personnel with the purchase order number and show, on request, an identity document. If the user cannot pick up the parcel personally, the user may delegate a third party in writing. The delegation must be accompanied by a copy of the identity document of the user and the delegated entity, as well as the purchase order number.
10.7.4 The user is obliged to pick up the product within 5 working days of receipt of the Notice. If the user fails to fulfil this obligation, the purchase agreement may be deemed terminated by law, pursuant to and for the purposes of Art. 1456 C.C. As a result of the termination, the order will be cancelled and Haumea will refund the Total Amount Due, if already paid by the user. The termination of the contract and the amount of the refund will be communicated to the user via email. In the case of payment by credit card or PayPal, this amount will be credited by the same means of payment used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used. In other cases, Haumea will ask the user to provide by e-mail the bank details necessary to make the refund.
10.7.5 The mere failure to pick up the product within the terms referred to in Art. 10.7.4 above cannot be understood as exercising the right of withdrawal pursuant to Art. 52 of the Consumer Code and, consequently, will not entitle the full refund of the amount paid by the user for the purchase of the product. The deadline of 14 calendar days for exercising the right of withdrawal referred to in Art. 52 of the Consumer Code will start from the date on which the user picks up the product. The terms and conditions governing the exercise of the right of withdrawal are described in Art. 11 below, to the content of which is referred to in full.
10.10 Provisions common to all types of delivery
10.10.1 After the purchase process, the deadlines within which Haumea agrees to deliver the Products subject to the order of the user, taking into account, in addition to the area and method of delivery, also the possibility that the user purchases more Products within the same order. Delivery deadlines start from the conclusion of the contract (i.e. order sending date), unless otherwise indicated. The delivery time of the specific order will also be indicated in the order confirmation. In case of failure to indicate the delivery time, delivery shall, in any case, take place within thirty days from the date of conclusion of the contract.
10.10.2 In the event that the purchased Product is not delivered or is delivered late than the delivery deadlines indicated during the purchase process and in the order confirmation, the user, to Pursuant to Art. 61 of the Consumer Code, invites Haumea to carry out the delivery within an additional period appropriate to the circumstances (“Additional Delivery Time ex Art. 61, paragraph III, Consumer Code”). If this additional term expires without the Products being delivered, the user is entitled to terminate the contract (“Termination of the Contract pursuant to Art. 61, III paragraph, Consumer Code”), without prejudice to the right to compensation for damages. The user is not burdened to grant Haumea the Additional Delivery Time pursuant to Art. 61, paragraph III, Consumer Code (“Excluded Cases”) if:
a) Haumea has expressly refused to to deliver the Products;
b) compliance with the delivery period indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that have accompanied the conclusion of the contract;
c) the user informed Haumea, prior to the conclusion of the contract, that delivery by or at a given date is essential.
In Excluded Cases, the user, if he does not receive the Products within the delivery period indicated during the purchase process and in the order confirmation, is entitled to terminate the contract immediately, except for the right to compensation for damage (“Termination of the Contract in Excluded Cases”).
The indication of the Additional Delivery Time pursuant to Art. 61, III paragraph, Consumer Code and the communication of Termination of the Contract pursuant to Art. 61, III paragraph, Consumer Code or Contract Termination in Cases Excluded must be communicated by the user to Haumea at the addresses referred to in Art. 15 hereinbelow.
In the event of Termination of the Contract pursuant to Art. 61, paragraph III, Consumer Code or Termination in Excluded Cases, Haumea will refund the user the Total Amount Due without undue delay. Reimbursement will be made in accordance with Art. 11.6 below, as far as applicable.
In the event that the user does not proceed to the fixing of the Additional Delivery Time pursuant to Art. 61, paragraph III, Consumer Code or, having fulfilled the conditions, the Termination of the Contract pursuant to Art. 61, paragraph III, Code Consumption or Termination of the Contract in Excluded Cases, Haumea, without prejudice to the possibility for the user to make use of such remedies and/or ordinary means of protection made available at any time by law and, in particular, Chapter XIV of Title II of Book IV of the Civil Code, undertakes, in any case, to:
(i) give notice to the user promptly and by e-mail of the delayed delivery (“Delay Notice E-mail”), indicating at the same time the new delivery time, if available (“New Delivery Time”);
(ii) in case of delivery with a delay between 1 and 3 working days compared to the New Delivery Time, refund the user who requests the delivery costs, if already paid, within 10 working days from the expiry of the New Term of Delivery or not to request payment, to the user who requests for this purpose, if not yet paid;
(iii) in case of delivery with a delay between 4 and 10 working days with respect to the New Delivery Time, allow the user who requests it to refuse delivery and terminate the contract, resulting in reimbursement of the Total Amount Due, if already paid, immediately and, in any case, within 10 working days of the request for termination of the contract or, alternatively, if the user does not wish to terminate the contract, refund to the user who makes it request delivery costs, if already paid, within ten working days from the request or not to request payment from the user who requests to do so, if not yet paid;
( iv) in case of delay in delivery longer than 10 working days compared to the New Delivery Time or, in any case, 20 days from the original delivery time, offer the user that request it, in addition to the provisions of Art. 10.10.2 (iii) above, the supply of a different Product of equivalent or greater value, subject to payment, in the latter case, of the difference and with the express consent of the user.
10.10.3 In the case of Multiple Orders that contain Products that must be delivered separately, the provision of Art. 10.10.2 above, shall autonomously apply to each delivery. With respect to each delivery and, therefore, limited to the Products covered by the same, the user may establish the Additional Delivery Time pursuant to Art. 61, paragraph III, Consumer Code and the Resolution pursuant to Art. 61, paragraph III, Consumer Code or Resolution in Excluded Cases, fulfilling the relevant conditions. In this case, Haumea will refund the user the Partial Amount Due without undue delay. Reimbursement will be made in accordance with Art. 11.6 below, as far as applicable.
In the event that the user does not establish the Additional Delivery Time pursuant to Art. 61, paragraph III, Consumer Code or, having fulfilled the conditions, the Termination of the Contract pursuant to Art. 61, paragraph III, Code Consumption or Termination of the Contract in Excluded Cases, in relation to the individual delivery and related Products, without prejudice to the possibility for the user to use such remedies at any time and/or of the ordinary means of protection made available by law and, in particular, Chapter XIV of Title II of Book IV of the Civil Code, Haumea undertakes to:
(i) promptly send the user the Delay Notice E-mail, indicating at the same time the New Delivery Time, if available;
(ii) in case of delivery of one of the Products subject to the Multiple Order with a delay between 1 and 3 working days compared to the New Delivery Time, Haumea shall refund the user who requests the delivery costs, if already paid and calculated as indicated in Art. 10.3 above, within ten working days from the expiry of the New Delivery Time, i.e. without requesting the user to pay for this purpose, unless already paid;
( iii) in case of delivery of one of the Products subject to the Multiple Order with a delay between 4 and 10 working days from the New Delivery Time, Haumea will allow the user to submit a request to refuse delivery and to partially terminate the contract, limited to and with exclusive reference to the Product subject of the Multiple Order delivered late, resulting in a refund — immediately and, in any case, within 10 working days of the request for partial termination of the contract — only of the amount paid by the user in relation to that specific Product, including the costs of delivery, calculated as indicated in Art. 10.3 above, or, alternatively, if the user does not wish to partially terminate the contract, reimburse the user who requests it — within ten working days of the request — the costs delivery, if already paid, calculated as indicated in Art. 10.3 above, i.e. without requesting the user to pay anything to this effect, unless he had already paid. The termination of the entire Multiple Order will be possible only in the case of obvious and proven priority of the Products subject to the Multiple Order delivered late or not delivered with respect to the other Products subject to the Multiple Order delivered promptly or still to be delivered;
(iv) in case of delay in delivery of one of the Products subject to the Multiple Order exceeding 10 working days compared to the New Delivery Time or, in any case, 20 days from the original delivery time, offer to the user who requests it, in addition to the provisions of Art. 10.10.3 (iii) above, the supply of a different Product of equivalent or greater value, subject to payment, in the latter case, of the difference and with the express consent of the user.
10.10.4 In case of failure to send the Delay Notice E-mail or failure to establish the New Delivery Term, all the terms referred to in articles 10.10.2 (ii), (iii) and (iv) and 10.10.3 ( (ii), (iii) and (iv) above shall start from the original delivery time.
10.10.5 Acceptance of the New Delivery Time, in the cases referred to in articles 10.10.2 (i) and 10.10.3 (i) and the choice of the user, in the cases referred to in articles 10.10.2 (iii) and (iv) and 10.10.3 (iii) and (iv), must be promptly communicated to Haumea by e-mail to the address referred to in Art. 15 hereinbelow.
10.10.6 In all cases referred to in Articles 10.10.2 and 10.10.3 above where a refund is due to the user, the amount of the refund will be communicated to the user by e-mail. It will be credited to the same means of payment used by the user for the purchase, in the case of payment by credit card or PayPal. In other cases, Haumea shall ask the user to provide the bank details necessary to make the refund. Any delays may depend on the bank or the type of credit card used.
10.10.7 It is up to the user to verify the conditions of the Product that has been delivered to him. Notwithstanding that the risk of loss or damage to the Products, for reasons not attributable to Haumea is transferred to the user, when the user, or a third party appointed by the same and other than the carrier, enters materially in possession of the Products, the user is recommended to verify the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the Closing materials (adhesive tape or metal strapping) and the user is invited, for his own interest, to indicate on the carrier's transport document, any anomalies, upon acceptance of the parcel with reservation. In fact, the receipt of the Products without any does not allow the user to proceed with a legal action against the courier, in the event of loss or damage to the Products, except in the event that the loss or the damage is due to intent or gross negligence of the courier itself and except for partial loss or damage not recognizable at the time of delivery, provided that, in the latter case, the damage is reported as soon as noticed and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also recommended to promptly notice the Customer Service. In any case, the application of the rules on the right of withdrawal and legal guarantee of conformity remains firm.
11. Right of withdrawal from the purchase of Products consisting of goods
11.1 Pursuant to Articles 52 as amended, of the Consumer Code, the user who has the quality of consumer has the right to withdraw from the contract of purchase of the Product, without having to provide any reason and without having to support additional costs to those provided for in Articles 11.5, 11.6, 11.7 and 11.9 below, within fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days:
a) in the case of an order relating to only one Product, from the day on which the user or a third party, other than the carrier and appointed by the user, enters physically in possession of the Products;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and appointed by the user, enters physically in possession of the last Product; or
c) in the case of an order relating to the delivery of a Product consisting of multiple batches or pieces, from the day on which the user or a third party, other than the carrier and appointed by the user, enters physically in possession of the last batch or piece;
11.2 To benefit from the right of withdrawal, the user must inform Haumea, on his decision to withdraw from the contract before the expiry of the Withdrawal Period.
11.3 To this end, the user may:
(a) use the Haumea type withdrawal form (“Type Withdrawal Form”), made available on the Website prior to the conclusion of the contract, via the link “Right of withdrawal” also accessible from the Product Page, and attached to the e-mail confirming the shipment referred to in Art. 10.2 above; or
(b) submit any other explicit statement of your decision to withdraw from the contract (“Declaration of Withdrawal”).
11.4 The user has exercised his/her right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Period of Withdrawal. In the event that the user makes use of the Declaration of Withdrawal, please indicate in the Declaration of Withdrawal the order number, the Product (s) for which you intend to exercise the right to withdrawal and the address. It should be noted that, since providing of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies on the user, it is in the interests of the user to use a durable support when communicating to Haumea your withdrawal. Without prejudice to the possibility of sending the Type of Withdrawal Form and/or the Declaration of Withdrawal referred to in Art. 11.5 below, the Type of Withdrawal Form or the Declaration of Withdrawal must be sent to the following address: Haumea s.r.l., via Nicola Sacco 12, 47122 Forlì (FC), ph. 0543 779518; fax 0543 751119, e-mail info@haumea.com).
11.5 You must return the Products to Haumea, using a carrier of your choice and at your own expense, without undue delay and in any case within 14 calendar days from the date on which you notified Haumea about your decision to withdraw from the contract. The due date is deemed observed if the user sends the Products back before the expiry of the fourteen day period (“Return Term”). The product, suitably protected and packaged, must be shipped to the following address: Haumea S.r.l., via Nicola Sacco 12, 47122 Forlì (FC). The direct costs of returning the Products to Haumea shall be borne by the user.
11.6 If you withdraw from the contract, Haumea will refund the Total Amount Due paid by you for the Product, including delivery costs, without undue delay and in any case no beyond 14 calendar days from the day on which Haumea was informed by the user's decision to withdraw from the contract. The refund will be made using the same means of payment used by the user, if payment was made by credit card and PayPal, unless the user has expressly agreed otherwise. In other cases, Haumea will ask the user to provide the bank details necessary to make the refund, unless the user has expressly agreed otherwise. In the case of partial withdrawal from Multiple Orders, the quantification of delivery costs to be returned to the user due to the right of withdrawal shall be carried out as indicated in Art. 10.3 above. In any case, the user shall not bear any costs as a consequence of such a refund.
In the event that the user has returned the Products using a carrier at his own expense and of his own choice, using the procedure referred to in Art. 11.5 above, Haumea may suspend the refund until receipt of the Products or until the user demonstrates that he has returned the Products earlier.
11.7 The user is liable solely for the decrease in the value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and the operation of the Product. The Product must however be guarded, handled and inspected with due diligence and returned intact, complete in all its parts, fully functioning, accompanied by all accessories and package leaflets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use to which it is intended and free of signs of wear or dirt. The withdrawal, moreover, applies to the Product in its entirety. Therefore, it cannot apply to parts and/or accessories of the Product. In the event that the serial code of the same is inserted on the packaging of the Product, it constitutes part of the product and, consequently, the Product must be returned in the original packaging, which must be placed in an additional packaging, without putting on the same any other label or tape.
11.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give right to any refund. Haumea shall notify the user about this, by e-mail, within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product will remain at Haumea, available to be picked up by the user who must bear the cost and the responsibility thereof.
11.9 In the event that the Product for which the withdrawal was applied has suffered a decrease in value resulting from handling of the goods different from the specified intended use, characteristics and operation of the Product, the refund amount will be reduced by an amount equal to that decrease in value. Haumea will notify the user by e-mail, within 5 working days of receipt of the Product about the circumstance and consequent decreased amount of refund, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product.
11.10 In the event that, following one of the legal assumptions (eg: supply of sealed products, opened by the consumer), the right of withdrawal does not apply, such exclusion will be specified and expressly communicated on the Product Page and, in any case, during the purchase process, before the user proceeds to the transmission of the order.
12. Legal Guarantee of Conformity
12.1 All products sold on the Website are covered by the legal guarantee of conformity provided for in articles 128-135 of the Consumer Code (“Legal Guarantee” ).
12.2. APPLICABILITY
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made the purchase on the Website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity. Those who have purchased Products from the Website and do not have the quality of consumers will benefit from the guarantees for the defects of the product sold, the guarantee for defect of essential and claimed quality and other guarantees provided for by the Civil Code with the relative terms, forfeiture of rights and limitations.
12.3. WHEN DOES IT APPLY
All products marketed enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, existing at the time of delivery and which occur within 2 years of delivery. Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products not compliant with their intended use, or effect of normal wear and tear, are excluded from conformity defects and, therefore, from the legal guarantee.
The Customer can ask the seller, at his choice, to repair the good or replace it, free of charge in both cases, unless the requested remedy is impossible or imposes disproportionate costs on the seller.
The consumer customer has the right to a proportional price reduction or termination of the sales contract, in accordance with the provisions of art. 135 bis, paragraph 4, of the Consumer Code and, in particular, if: the seller has not carried out the repair or replacement within the terms and conditions provided for by the Consumer Code, or has refused to bring the goods into conformity; if the lack of conformity is so serious as to justify the immediate price reduction or termination of the contract; if a lack of conformity occurs despite the seller's attempt to restore the conformity of the goods; if the seller has declared (or this is clear from the circumstances) that he will not proceed to restore the conformity of the goods within a reasonable period or without inconvenience.
The consumer customer has no right to terminate the contract if the lack of conformity is only minor.
Unless proven otherwise, it is assumed that any lack of conformity that occurs within one year from the time the goods were delivered already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect. of compliance.
12.4 In order to take advantage of the Legal Guarantee, the user must first provide proof of the date of purchase and delivery of the goods. It is appropriate, therefore, that the user, for the purpose of this proof, keep the order confirmation or the purchase invoice as well as the TD or any other document that can attest the date of execution of the purchase and date of delivery (e.g. credit card statement or bank statement).
12.5. WHAT IS THE NON CONFORMITY
There is a lack of conformity, when the goods purchased:
• is not suitable for the use they are usually intended for
• do not conform to the description made by the seller and do not possess the qualities of the goods that the seller presented to the consumer as a sample or model;
• do not present the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, taking into account also the declarations made in advertising or in labelling;
• are not suitable for the particular use intended by the consumer and which has been brought to the attention of the seller at the time of conclusion of the contract and that the seller has accepted.
12.6 Any faults or malfunctions caused by accidental facts or liability of the user or by use of the product thjat does not conform to its intended use and/or as provided for in the technical documentation attached to the product are, therefore, excluded from the scope of the Legal Guarantee.
12.7. REMEDIES AVAILABLE TO THE USER
In case of lack of conformity duly specified in the terms, the user has the right:
- primarily, to repair or replacement free of charge of the good, at its choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
- secondary (i.e. in the case where the repair or the replacement is impossible or excessively costly or the repair or replacement has not been carried out within reasonable time or the repair or replacement previously carried out have caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at his choice.
The requested remedy is excessively burdensome if it imposes on the seller unreasonable expenses compared to alternative remedies that can be experienced, taking into account (i) the value that the merchendise would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy may be experienced without significant inconvenience to the consumer.
12.8. WHAT TO DO IF YOU NOTICE A NON-CONFORMITY
In the event that a Product, during the period of validity of the Legal Gaurantee presents what could be a lack of conformity, the user must contact the Customer Service, using the contact details referred to in Art. 15 hereinbelow. Haumea will promptly reply to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also taking into account the category of goods to which the Product belongs and/or of the reported defect.
Depending on the type of product, Customer Service will indicate to the user if:
(i) the Product can be sent to Haumea for subsequent submission to the relevant service center or
(ii) where on-site assistance is provided.
Being understood that Haumea is the subject responsible for the application of the Legal Guarantee for the Products. Haumea is not responsible for the application of the Legal Guarantee in relation to products sold by Third Party Sellers.
12.9 In the case referred to in Art. 12.8 (i) above, Haumea will collect the Product and send it to the relevant service center. In the case provided for by Art. 12.8 (ii) above, however, Haumea will agree with the user a useful date for access to on-site assistance.
In any case, the competent service centre shall carry out the necessary checks to ascertain whether or not the complained lack of conformity exists. In the event that the defect exists, if the user has chosen, among the available remedies, repair, the service center will proceed to repair. If, on the other hand, the user has chosen the replacement and it is not for Haumea excessively burdensome or objectively impossible with respect to the repair, Haumea will replace the Product. If the service centre finds the lack of conformity, any repair/replacement costs and transport costs to the service center will be borne by Haumea. If the service center does not find the lack of conformity, it will not be possible to apply the Legal Guarantee and, therefore, transport costs and any repair or replacement costs will be borne by the user. Haumea will inform the user about the circumstance and any costs to be borne for the repair or replacement. Haumea reserves the right to send the user the quote issued by the service center, so that the user can decide whether or not to repair or replace it at his own expense. You must authorize repair or replacement at your expense in writing. Following this acceptance, a direct relationship will be established between the service center and the user, and Haumea will be entirely outside such relationship and free from any liability therefor.
12.10 In all cases, repair or replacement of defective Products, if due, will be carried out as soon as possible and in any case, except in exceptional cases or causes of force majeure, within 60 calendar days from the day on which Haumea received the defective product. In the event that the replacement or repair initially chosen were not carried out within this period, the user may request one of the alternative remedies provided by the Legal Guarantee (replacement, in the event that the repair was requested; repair in case replacement was requested; price reduction or termination of the contract).
12.11 Haumea reserves the right to ask the user to attach to the request to use the Legal Guarantee of Conformity the invoice relating to the order.
13. Conventional Manufacturer Warranty
13.1 Products sold on the Website may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (“Conventional Warranty”). You may benefit from this warranty only against the manufacturer. The duration, extension, including territorial, conditions and methods of use, types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the packaging of the product.
The Conventional Warranty is voluntary and is not added, does not replace, limit or prejudice or exclude the Legal Guarantee.
15.Customer Service and Claims
15.1 You can ask for information, send communications or make complaints by contacting Haumea's customer service (“Customer Service”) using the following methods: by
e-mail, to info@haumea.com; by
phone, at 0543 779518; by
mail, writing to Haumea Srl, via Nicola Sacco 12, 47122 Forlì (FC);
via the Website, accessing 043 751119.
15.2 Haumea will respond to complaints by email or post within two days of receipt thereof.
16. Applicable Law
16. 1 The purchase agreement concluded on the Website is governed by Italian law.
16.2 It is understood that to consumers who do not have their habitual residence in Italy of the most favorable and mandatory provisions provided for by the law of country in which they have their habitual residence shall apply, in particular in relation to the deadline for exercising the right of withdrawal, to the time limit for the return of the Products, in the event of exercising that right, to the methods and formalities of communication of the same and the legal guarantee of conformity.
16.3 Please note that in the case of consumer user, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, shall be handled by the Court of the city where the user lives or has the residence address.
16.4 The consumer established in Europe can use the platform made available by the European Commission for the resolution of any dispute arising from the online contract stipulated on the website. The European ODR platform is available at the following link:https://webgate.ec.europa.eu/odr.
HAUMEA STORE adheres to the code of ethics of the Italian Association of Electronic Commerce available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel.