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General terms and conditions and privacy polocy
In this section you can read the general conditions for online purchases at HiNelson.com and the privacy policy.
General Terms and Conditions for purchases online
ARTICLE 1 - PREMISES
1.1
1.2 These general conditions ("General Terms and Conditions") govern the relationship between the Company and each user of the Site who purchases Products ("Customer").
1.3 Customers can act on the Site:
1.3.1 as consumers, as defined in Article 3(a) of Legislative Decree No. 206/2005 ("Consumer Code"), that is, for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. The Consumer Code ("Consumer Customers");
1.3.2 in a professional capacity, i.e., for purposes inherent in any entrepreneurial, commercial, craft or professional activity carried on ("Professional Clients").
Customers acknowledge and agree that the request for the issuance of an invoice for the purchase of Products will constitute a declaration by Customers that they intend to act as Professional Customers.
1.4 These General Terms and Conditions are signed by the Customer when purchasing on the Site, as stated in Article 2.1 below. The Customer is invited to download and store on a durable medium these General Conditions, from time to time in force.
1.5 By adhering to the General Terms and Conditions, the Site Customer declares that he/she is at least 18 years old, has the capacity to act and, if the End Customer is a legal person, has title and power to act on behalf of the same.
ARTICLE 2 - REGISTR ACTION ON THE SITE
2.1 In order to operate purchase Products through the Site, the Customer is required to create and have his/her own personal account. The registration procedure on the Site consists of the following steps: i) entering the Customer's first name, last name, address, telephone number and e-mail address and the password chosen by the Customer; ii) signing, by means of the "point and click" technique (i.e. by affixing "flags" on boxes that are not pre-selected) of these General Terms and Conditions and acceptance of the privacy policy pursuant to Article 13 of EU Regulation 2016/679 drafted by the Company ("Privacy Policy"); iii) only in the case of a Professional Customer, subscription, by means of the "point and click" technique, pursuant to and in accordance with Articles 1341 and 1342 of the Civil Code, for specific acceptance of the following provisions: 2 (Registration on the Site); 3 (Purchase of Products); 4.2 (Unavailability of Products); 7. (Delivery of Products); 11(Warranty of Products for Professional Customers); 12 (Responsibility of the Customer) 13 (Advertising Material); 17(Competent Court); iv) possible subscription to the newsletter service related to the Products and the activity of the Company; iv) confirmation of their entered data and the willingness to register on the Site ("Registration").
2.2 The Company warns Customers that it is strictly forbidden to include in the Registration personal data of third parties, false, fictitious or otherwise intentionally incorrect data. The Customer therefore agrees to indemnify and hold harmless the Company from any claim for damages made by third parties or sanctions in any way related to the violation by the Customer of this prohibition, reserving any action by the Company to protect its rights. In this regard, the Producer reserves the right to prosecute any violation and abuse.
2.3 The Customer acknowledges the strictly confidential nature of its account and its Registration credentials (username and password) and therefore agrees to keep them confidential and not to make them available to third parties, releasing the Company from any liability for acts or deeds done fraudulently by the Customer and/or third parties who have gained access to the account by reason of the Customer's willful or negligent conduct.
ARTICLE 3 - PURCHASE OF PRODUCTS
3.1 The offer and sale on the Site of the Products constitute a distance contract between the Company and the Customer governed by Legislative Decree No. 70/2003, containing the regulation of electronic commerce. In the case of a Consumer Customer, this contract is also governed by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code.
3.2 Each Product is accompanied by an indication of the relevant Price (as defined below in Article 6) and a description of the main characteristics of the Product, prepared on the basis of what has been communicated by the Manufacturer, at its own care and under its own responsibility. In any case, the Customer acknowledges and accepts that the Product delivered may differ from the same Product shown on the Site at the time of purchase (for example, due to the quality of the image related to the Product used by the Manufacturer), provided that such differences are not substantial and do not compromise the essential characteristics and functionality of the Product.
3.3 The procedure of purchasing a Product is altogether composed of the following steps ("Purchasing Procedure"):
3.3.1 Customer's selection of the Product on the Site and creation of its shopping cart;
3.3.2 completion of an order form in electronic format, in the manner published on the Site from time to time, indicating the required data, such as, but not limited to, the recipient's personal data, e-mail address, billing data, and shipping address ("Purchase Order");
3.3.3 indication of any request for the issuance of an invoice for the purchase of the Products and entry of the relevant data;
3.3.4 selection of mode of Product shipment and acceptance of estimated costs;
3.3.5 selection of payment methods, as better described in Article 6.3 below;
3.3.6 summary of the Purchase Order, including the final amount to be paid by the Customer to the Company;
3.3.7 confirmation and transmission of the Purchase Order.
3.4 Until the transmission of the Purchase Order in Article 3.3.2 above, the Customer has the right to modify or cancel the Purchase Order.
3.5 Once the Purchase Order has been registered and confirmation of the validity of the payment made by the Customer has been received, the Company undertakes to notify the Customer of the confirmation of the Purchase Order, which will indicate: (i) the order number assigned to the Purchase Order; (ii) the essential characteristics of the Product purchased; (iii) the delivery address and billing address (if not the same); (iv) the Price (as defined below in Article 6), the means of payment used, delivery charges and any additional costs; (v) any special conditions applicable to the sale (by way of example, any discount voucher); (vi) the General Conditions and Privacy Policy accepted by the Customer ("Purchase Order Confirmation").
3.6 The Company shall notify the Customer of the Purchase Order Confirmation pursuant to Article 3.5 above, no later than the 24-hour period, by e-mail, to the address indicated in the Purchase Procedure. After this period has elapsed in the absence of receipt of the Purchase Order Confirmation, the Customer is invited to contact the Customer Service referred to in Article 14 below.
3.7 Without prejudice to the right of withdrawal set forth in Article 8 below where applicable, the Customer is required to verify the conformity of the Purchase Order with the Purchase Order Confirmation and to notify the Company of any discrepancies between them within 24 hours of receipt of the Purchase Order Confirmation. If no communication is received within that time, the Company will proceed with Delivery (as defined below) of the Products as per the Purchase Order Confirmation.
3.8 The Product purchase contract shall be deemed to be finalized when the Customer receives the Purchase Order Confirmation, pursuant to the provisions of Article 3.5 above ("Purchase Agreement").
ARTICLE 4 - PRODUCT AVAILABILITY
4.1 The availability of Products offered on the Site is continuously monitored and updated by the Company. However, as the Company purchases the Products from the Manufacturers, the possibility of the Product becoming unavailable due to force majeure and/or for reasons beyond the Company's reasonable control, such as the simultaneous purchase of the same Product by more than one Customer, may occur. In such cases, the Product may be temporarily (or permanently) unavailable, even following the Purchase Order Confirmation.
4.2 In the event of unavailability pursuant to Article 4.1 above, the Company undertakes to promptly notify the Customer and will proceed to cancel the Purchase Order and the related Purchase Order Confirmation (if any), with simultaneous crediting of any amount already paid (i.e. Price, Shipping Charges and charges for additional services as described below), through the same payment instrument chosen (the relevant crediting will be verifiable by the Customer within the strictly necessary technical timeframe that also depends on the manager of the payment means). The Customer may then proceed with a new Purchase Order for the same Product to verify the actual availability and new delivery times.
ARTICLE 5 - PRODUCT CHARACTERISTICS
5.1 The Customer acknowledges and accepts that the technical and operating characteristics relating to the Products published on the Site are communicated by the respective Manufacturers.
5.2 The Customer also acknowledges and agrees that the Company assumes no responsibility regarding the truthfulness and completeness of such information, and acknowledges that images of the Products may not fully conform to the Product (e.g., due to the quality of the images used by the Manufacturer).
5.3 By virtue of the above, the Customer is responsible for the selection of the Products ordered and for ensuring that the specifications indicated by each manufacturer meet and conform to its requirements.
ARTICLE 6 - PRICE AND METHOD OF PAYMENT
6.1 All prices of the Products published on the Site are in euros and are inclusive of VAT, unless otherwise communicated within the Site and where applicable under current legislation ("Price").
6.2 The Company reserves the right to change the Price of the Products, at any time, without prior notice, it being understood that the Price charged to the Customer will be the one indicated on the Site at the time of the conclusion of the Purchase Order and that no account will be taken of any changes (upward or downward) subsequent to the transmission of the same pursuant to Article 3.3.7 above.
6.3 During the Purchase Procedure, the Customer proceeds to pay for the Product, selecting one of the following payment methods: a) bank transfer; b) use of the PayPal online payment system; c) credit card, through the use of the Stripe system; d) online installment payment, through the use of the Soisy and Scalapay system.
6.4 In the case of payment by bank transfer, the credit must be made to the Company's bank account within 10 (ten) working days from the placing of the order. Upon receipt of the credit, the ordered Products will be shipped to the Customer. After the deadline for making the bank transfer has expired in vain, the Company will be considered cancelled.
6.5 In the case of online payment by credit card, the transaction takes place securely through the use of SSL-Secure Socket Layer protocol. Confidential credit card data (card number, start date, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the Company's servers. Therefore, the Company never has access to and does not store the data of the credit card used by the Customer to pay for the Product. If the Customer intends to use this method of payment, the Customer acknowledges and does not object so that the Company can make the necessary checks regarding the validity of the payment (e.g. prior check of the time validity and/or availability of credit on the card used), in order to be able to send the Purchase Order Confirmation.
6.6 In the case of payment through PayPal, the Customer is automatically redirected to the site www.paypal.com, where he/she will make payment for the Product according to the procedure provided for and governed by PayPal and the terms and conditions of the contract agreed between the Customer and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Company. The Company therefore does not collect or store in any way the data of the credit card linked to the Customer's PayPal account, or the data of any other payment instrument connected with such account.
6.7 In the case of payment through Scalapay, the Customer is automatically redirected to www.scalapay.com, where he/she will be asked for the data to take advantage of the installment payment. The Customer acknowledges that the installments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that he/she authorizes such assignment.
6.8 Pursuant to Article 3.3.3 above, the Professional Client may expressly request that, following payment of the Price, the Company issue the relevant invoice. The latter, will contain the information provided by the Professional Client when completing the Purchase Order and will be issued by the Company upon shipment of the Products.
6.9 In the event that Customer enters incorrect data, all additional costs, if any, arising from retrieval of the shipped Product and/or potential reshipment of the Product shall be borne by Customer.
6.10 In case of using discount codes generated by
ARTICLE 7 - DELIVERY OF PRODUCTS
7.1 The Company agrees to deliver the Product purchased by the Customers, via courier or special transport service, from Monday to Friday during normal business hours, excluding national holidays, at the shipping address indicated by the Customer in the Purchase Order and accepted in the Purchase Order Confirmation ("Delivery"), within the period specified by the Company in the Purchase Order Confirmation. In the case of Consumer Customer, this deadline may not exceed 30 (thirty) days from the sending of the Purchase Order Confirmation. Delivery will take place at street level unless otherwise chosen by the Customer as an additional service.
7.2 Delivery charges, which may vary depending on the shipping method chosen by the Customer (where available), the place of Delivery and the weight of the Product, are to be borne exclusively by the Customer below Euro 139.00 of expenditure (VAT included). Their amount, expressed in Euros and, where applicable, including VAT, is indicated during the Purchase Procedure and is subsequently confirmed to the Customer in the summary of the Purchase Order and in the subsequent Purchase Order Confirmation ("Shipping Charges").
7.3 The price of individual Products viewable on the Site does not include delivery charges. The latter, billed separately, will be indicated at the time of the Shopping Cart Summary.
7.4 The Customer acknowledges and agrees that the Products are not provided on a trial basis.
7.5 In the event that the purchased Product is not delivered in accordance with the delivery terms stated in the Purchase Order Confirmation, the Company undertakes to contact the Customer in order to agree on an additional delivery term appropriate to the circumstances. In case of disagreement, i.e. if such additional term expires without the Product having been delivered to him:
7.5.1 the Consumer Customer is entitled to terminate the Purchase Agreement, subject to the right to compensation for damages;
7.5.2 the Professional Customer may cancel the Purchase Agreement, having only the right to a refund of the Price, the Shipping Charges and the cost of additional services, if any, under the terms agreed with the Company, being expressly excluded the right to compensation for any damage suffered as a result of the non-Delivery of the Product.
7.6 The Customer agrees to be present, or to arrange for a person to be present to collect the Product, on the Delivery Date specified in the Purchase Order Confirmation, or agreed pursuant to Article 3.5 above.
7.7 In the event of non-Delivery due to the absence of the addressee at the address and date specified in the Purchase Order and subsequent Purchase Order Confirmation, the courier selected by the Company will leave a notice with the Customer and make a new attempt at Delivery within a short period of time. If such second attempt is also unsuccessful, the Product shall be picked up by the Customer in accordance with the procedures communicated by the courier. In the event of failure to collect the Product within the timeframe and in the manner indicated by the courier, the Company undertakes to contact the Customer by e-mail, and the Product subject to Delivery will be returned to the Company and, in any event, after 30 (thirty) working days from the first delivery attempt, the Purchase Agreement shall be deemed terminated pursuant to Article 1456 of the Italian Civil Code, for facts and fault attributable to the Customer. The Company will then proceed, within 15 (fifteen) business days after the termination of the Purchase Agreement, to reimburse the Customer for the Price, minus the costs of the unsuccessful Delivery, the costs of returning the goods to the Company, and any other expenses that the Company may have incurred as a result of the Delivery attempts made. The termination of the Purchase Agreement and the amount of the refund will be communicated to the Customer via e-mail. The refund will be credited through the same means of payment used by the Customer for the purchase. In the event that, prior to the expiration of the aforementioned period of 30 (thirty) days, the Customer requests to receive the Product again, only where the Product is still available on the Site, the Company will proceed with a new Delivery, after charging the Customer for the costs related to the previous Delivery attempts, the costs of returning the Product to the Company and the storage costs.
7.8 Upon Delivery, the Customer, or the person appointed by the same, undertakes to make all the necessary checks to detect the possible presence of defects or non-conformity of the Product received with respect to what is indicated in the relevant Purchase Order Confirmation.
7.9 If, upon Delivery, any defect and/or non-conformity is detected pursuant to Article 7.8 above, the Customer undertakes to: a) report such defects and/or non-conformity to the Company and raise any claim and/or demand related to the same in the relevant delivery receipt, providing all appropriate information and proving in any manner what is stated; b) have such receipt countersigned by the Delivery Clerk; and c) keep a copy of the countersigned receipt. Following such reporting, the provisions of Article 10 below for the Consumer Customer and Article 11 below for the Professional Customer shall apply.
7.10 Any customs duties are the responsibility of the importer, i.e. the buyer. In case of rejection of the product due to customs duties when refunding will be deducted from the amount, not only the shipping costs but also the amount of customs duties.
ARTICLE 8 - RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER
8.1 Pursuant to and for the purposes of Article 52 et seq. of the Consumer Code, the Consumer-Customer has the right to withdraw, in whole or in part, from the Purchase Agreement within the term of 14 (fourteen) days from the moment the Consumer-Customer has received the Delivery of the Product (delivery being understood to mean the physical possession of the Product). To this end, the Consumer Customer shall notify the Company of its intention to withdraw from the Purchase Agreement, in whole or in part, within the aforementioned period of 14 (fourteen) days, by means of the standard withdrawal form made available by the Company on the Site, or by any other written and suitable statement explaining the decision to withdraw by e-mail.
8.2 The Consumer Customer acknowledges and accepts that the right of withdrawal is not exercisable for "custom-made" or "personalized" goods within the meaning of Article 59(c) of the Consumer Code.
8.3 The Consumer-Customer undertakes to return to the Company, in the manner indicated in Article 8.4 below, the Product, undamaged and in normal state of preservation and inserted in its original packaging, without undue delay and in any case within the term of (10) days from the date of the exercise of its right of withdrawal.
8.4 The Consumer Customer may ship, at its own expense, the goods to the following address:
8.5 Once the Products have been received (and their integrity verified) the Company will, as soon as possible, within a maximum of 14 (fourteen) days from the notice of withdrawal, refund the Customer of the sums paid. Such refund will be made using the same means of payment used by the Customer Consumer for the payment of the Price, unless expressly requested otherwise in writing by the Customer Consumer. In any case, the Customer Consumer shall not incur any costs as a consequence of the aforementioned refund.
8.6 In accordance with the Consumer Code, the refund referred to in this Article 8 is subject to the Company's receipt of the returned Product, or the Consumer Customer's demonstration that it has returned such Product in accordance with the terms and conditions set forth in these General Conditions.
ARTICLE 9 - RETURNS - CUSTOMER COMPLAINTS
9.1 Claims for non-conformity of the delivered Products with what is stated in the Purchase Agreement shall be communicated by the Customer to the Company in writing by e-mail immediately upon receipt of the Products.
9.2 In case of non-conformity between the Products purchased through the Site and the Products delivered, the Consumer Customer agrees to return the affected Products to the Company within 7 (seven) days of receipt, provided that they are returned with the unopened package, in their original condition and packaging, and accompanied by their accompanying documents.
9.3 Upon receipt by the Company of the Product returned by the Customer in accordance with this Article 9, the Company will return, at its own expense, the Product originally ordered as soon as possible.
ARTICLE 10 - PRODUCT WARRANTY FOR THE CONSUMER CUSTOMER
10.1 All Products sold on the Site are covered by the legal product conformity warranty provided for in Article 128 et seq. of the Consumer Code. The Company shall be liable to the Consumer Customer for any lack of conformity that exists at the time of Delivery of the Product and that manifests itself within 2 (two) years from such Delivery, provided that the Consumer Customer notifies the Company of such defect within 26 (twenty-six) months from the date on which it was discovered, under penalty of forfeiture.
10.2 In order to benefit from the legal warranty referred to in Article 10.1 above, the Consumer Customer is required to provide proof of the date of conclusion of the Purchase Agreement and Delivery of the Product. To this end, the Consumer Customer shall then retain the Purchase Order Confirmation, the purchase receipt and the shipping document.
10.3 A conformity defect exists when the purchased Product: i) is not suitable for the use for which goods of the same type are usually used; ii) does not conform to the description made by the Company and/or the Producer; iii) does not have the usual qualities and performance of a good of the same type, which the Consumer Customer can reasonably expect, also taking into account the statements on the Site.
10.4 In the event of a conformity defect duly reported within the terms referred to in Article 10.1 above, the Customer Consumer shall be entitled: (a) on a primary basis, to repair or replacement of the Product free of charge, at his or her option, unless the remedy requested is objectively impossible or excessively onerous compared to the other; (b) on a secondary basis (e.g. that is, in the event that the repair or replacement is impossible or excessively onerous or has not been carried out within a reasonable period of time, or the repair or replacement previously carried out has caused significant inconvenience to the Consumer Customer) to the reduction of the Price or termination of the Purchase Agreement, at its option. However, the Consumer Customer shall not be permitted to terminate the Purchase Agreement if the lack of conformity is minor and it was not possible or, if possible, would have been excessively burdensome, to pursue the remedies set forth in this Article 10.4.(a).
10.5 Pursuant to and for the purposes of Article 10.4 above, the Consumer-Customer acknowledges that the requested remedy shall be deemed excessively burdensome if it imposes unreasonable expenses on the Company in comparison to the alternative remedies that can be pursued, taking into account (i) the value that the Product would have if there were no conformity defect; (ii) the extent of the conformity defect; and (iii) whether the alternative remedy can be pursued without significant inconvenience to the Consumer-Customer.
10.6 In any case, by way of example only, the Consumer Customer shall not be entitled to the remedies provided for in Article 10 above.4 if: (a) the Product has been repaired and/or altered by parties other than the Company or any other party authorized by the Company for this purpose; (b) the defects in the Product are due (in whole or in part) to: (i) improper use and/or poor storage of the Product by the Consumer-Customer; and/or (ii) incorrect maintenance or installation performed by parties other than the Company or any other party appointed by the Company for this purpose; and/or (iii) failure to comply with the instructions provided by the Company together with the delivered Product; (c) at the time of the conclusion of the Purchase Agreement, the Consumer-Customer was aware of the Product's lack of conformity and/or could not have been unaware of it with ordinary diligence.
10.7 In order to be able to exercise the rights provided for in this Article 10, the Consumer Customer is invited to contact the Company without undue delay, at the contact details specified in Article 12 below, and to follow the procedure that will be indicated by the Company itself in subsequent communications. The Product that is the subject of the Customer's claims shall be sent to the Company, or to the parties indicated by the Company (e.g., the Manufacturers), who shall make all necessary verifications to assess the existence or non-existence of the defect complained of.
10.8 In addition to the legal warranty referred to in Article 10.1 above, the Manufacturers may offer Consumer Customers an additional conventional warranty, under the terms and conditions set forth in the relevant information documents prepared by the Manufacturers themselves, to which the Company refers for any information. The Customer acknowledges that the Company does not offer any conventional warranty and is in no way jointly and severally obligated with the Manufacturers for the performance of the conventional warranty offered by the latter.
ARTICLE 11 - PRODUCT WARRANTY FOR THE PROFESSIONAL CUSTOMER
11.1 In the case of a Product purchased by a Professional Customer, the preceding provisions of Article 10 shall not apply to the latter, instead the different warranty for defects of the thing sold pursuant to Articles 1490 et seq. of the Civil Code, valid for the maximum period of 1 (one) year from Delivery, shall apply in favor of the Professional Customer.
11.2 The Professional Customer acknowledges that this warranty covers only Product defects pre-existing at the Delivery of the same which must be reported, under penalty of forfeiture, within the term of 8 (eight) days from the discovery of the defects themselves pursuant to Article 1495 of the Civil Code, by written notice, to the addresses specified in Article 14 below .
11.3 In order to take advantage of the legal guarantee referred to in this Article 11, the Professional Customer is required to provide proof of the date of conclusion of the Purchase Agreement and Delivery of the Product. The Professional Client is therefore requested to keep the Purchase Order Confirmation, the purchase invoice and the transport document.
11.4 In addition to the legal warranty referred to in Article 11.1 above, the Manufacturers may offer Professional Customers an additional conventional warranty under the terms and conditions set forth in the relevant information documents prepared by the Manufacturers, to which the Company refers for any information. The Customer acknowledges that the Company does not offer any conventional warranty and is in no way jointly and severally obligated with the Manufacturers for the performance of the conventional warranty independently offered by the latter.
ARTICLE 12 - CUSTOMER RESPONSIBILITY
12.1 The Customer is solely responsible for the proper and non-fraudulent use of the Site, releasing the Company from any and all liability for acts or deeds done fraudulently by the Customer and/or third parties who have gained access to the Customer's information set forth in the Purchase Procedure and/or in the Customer's account completed as a result of the Customer's Registration, by reason of the Customer's willful or negligent conduct.
12.2 In the event of fraudulent use of the Site by the Customer within the meaning of what is, by way of example, indicated in Article 12.1 above, the Company may terminate with immediate effect these General Conditions and any existing Purchase Agreements, pursuant to and for the purposes of Article 1456 of the Italian Civil Code, by means of written notice addressed to the contact details communicated by the Customer during the Purchase Procedure and/or indicated in the Registration. In such cases, the Company also reserves the right to cancel the Customer's account, following prior notice sent to the e-mail address provided by the same during Registration.
ARTICLE 13 - ADVERTISING MATERIAL - INTELLECTUAL PROPERTY RIGHTS AND INDU
13.1 Material relating to the Products (e.g. photographs, images, descriptions) is published on the Site for information purposes only of the essential characteristics of the Products, without being contractually binding. For any more detailed information, the Company invites each Customer to access the Manufacturers' commercial documentation made available on the Site and/or on the Manufacturers' websites.
13.2 The Site is the property of the Company and presents content protected by the rules governing industrial property (e.g. trademarks, texts, photographs, images, drawings, models). The use, disclosure and reproduction in any medium, in whole or in part, of the elements of the Site for purposes not strictly related to the use of the Product are prohibited.
ARTICLE 14 - CUSTOMER SERVICE
14.1 Customers may contact the Company's customer service department, Monday through Friday, during business hours, excluding holidays, through the methods provided in the "Contact" section of the Site, i.e., at the following contact details: +39 800 693 884, email address: assistenza@hinelson.com ("Customer Service").
14.2 Where not otherwise provided in this Agreement, Customers are encouraged to submit any complaints to Customer Service.
14.3 In all cases of return, return and/or in any other case of redelivery of the Product, unless otherwise notified by the Company, the Customer shall send such Product to the Company in accordance with and at the address indicated in Article 8.4 above.
ARTICLE 15 - PRIVACY
15.1 You acknowledge and agree that your personal data disclosed for the purposes of these Terms and Conditions and/or entered within the Site will be processed by the Company in accordance with the Privacy Policy and in compliance with applicable laws (including, but not limited to, EU Regulation 2016/679.
ARTICLE 16 - MISCELLANY
16.1 If one or more provisions of these General Terms and Conditions, or parts thereof, are by law or court order declared invalid, illegal, or otherwise unenforceable, the remaining provisions, or parts thereof, shall, nevertheless, remain binding and/or enforceable by and between the parties.
16.2 Notwithstanding any other provision of the General Terms and Conditions, if the Company is prevented from performing its contractual obligations due to fire, war, strikes, embargoes, governmental or other civil or military authority regulations, omissions and negligence of carriers or suppliers, vandals or hackers, failure or malfunction of third party networks, telecommunications equipment, websites, software and hardware or other technology, or due to any other event beyond the reasonable control of the Company ("Go Major"), the period for the performance of the services in question will be extended for the period of delay or inability to perform due to the specific causes of Force Majeure. It is understood that the continuation of a situation of Force Majeure for more than 60 (sixty) days will allow the Customer to withdraw from the Product Purchase Agreement, it being understood that no compensation or indemnity will be due by the Company, except for the reimbursement of the Price, Shipping Charges and any additional service charges.
16.3 The Customer may not assign the Purchase Agreement, either in whole or in part, or assign any of the rights or obligations under it, without the prior written consent of the Company.
ARTICLE 17 - GOVERNING LAW AND JURISDICTION
17.1 The General Conditions are governed by Italian law.
17.2 In the case of Consumer Customer, for any dispute relating to the General Conditions, including its execution, interpretation and/or termination for any reason whatsoever, the Court of the Consumer Customer shall have jurisdiction, without prejudice to the possibility of the Consumer Customer to choose to bring the matter before the Court of Milan.
17.3 With exclusive reference to Consumer Customers, the Company reminds that, in accordance with Article 17.4 of EU Reg. 524/2013, and without any constraints, the Consumer Customer can find all useful information in order to access the online dispute resolution mechanisms (so-called ODR) at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
17.4 In the case of a Professional Client, for any dispute relating to the General Conditions, including their execution, interpretation and/or termination for any reason whatsoever, the Court of Milan shall have exclusive jurisdiction, any other jurisdiction being excluded.
Privacy Policy
SCOPE OF APPLICATION
HiNelson S.r.l. carefully respects the privacy of all users accessing the website https://www.hinelson.com/en/ or the services linked to it (which we will hereinafter collectively refer to as "NOSTROR SITE"), from any pc, mobile device, application, platform or other mode of access or use.
In this policy we want to describe to you in a transparent, detailed and comprehensive way how:
- we collect;
- we use;
- we share;
- we protect;
your personal information.
LEGAL BASIS
This policy has as its legal basis the European Data Protection Regulation No. 679/2016 of April 27, 2016 on the protection of individuals with regard to the processing and free movement of personal data, specifically Article 13 of the Regulation.
WHAT THE NOTICE DOES NOT REFER TO
This policy does not relate to or regulate the services offered by third parties (which may be accessible through links placed on the NOSTROR SITE) and their methods of processing your personal data. We suggest that you read carefully on the websites of these third parties their privacy policies on how they will process your personal data and how it will possibly be shared. HiNelson S.r.l. has no control over these third parties and therefore disclaims any responsibility for the processing of your personal data by these sites.
UPDATING OF THE POLICY
This policy will be updated with additions or changes to renew it both with respect to the legislation and towards any technical changes made to NOSTROR SITE as well as for any changes in the purposes or methods of the processing of your personal data.
You will be informed in case of any changes with specific notices. However, we advise you to check
this page periodically to stay updated.
Each updated version will be accompanied by its date, posted on this web page and will become effective towards you immediately after its publication.
OWNER OF THE PROCESSING OF PERSONAL DATA
The data controller of your personal data from NOSTROR SITE is HiNelson S.r.l. with registered office in Milan (MI), via Arcivescovo Calabiana n. 6, P.Iva and C.F. 07984340724, e-Mail: info@hinelson.com (which we will also refer to as "Owner").
For any needs regarding the processing of your personal data, you can contact us by sending an email to the address privacy@hinelson.com.
WHAT PERSONAL DATA WE COLLECT
Some of your personal data will be collected when you use the NOSTROR SITE in only two cases:
- when you send it to us directly; or
- when the use of such data is necessary for the smooth operation of NOSTROR SITE. Some personal data we need compulsorily to identify you and to make NOSTROR SITE work properly, others are optional but may be necessary to take advantage of certain services of NOSTROR SITE.
In more detail, we may collect your personal data from these categories:
1. PERSONAL DATA THAT YOU VOLUNTARILY PROVIDE TO US
This data is provided by you freely and voluntarily, for example when you send us an e-mail to our e-mail addresses listed on NOSTROR SITE or when you write to us through our contact form.
In cases such as these we will acquire your personal data necessary to respond to you, in addition to any other data you have sent us in your communication. We will not sell, disseminate or communicate this data to third parties, and we will not use it to define your profile or personality. Finally, we will keep them only as correspondence.
Your personal data that you can voluntarily provide to us are:
- identifying data such as first name, last name, e-mail, password, date of birth - required at the stage of registration on NOSTROR SITE (or later, where required to perform specific services);
- shipping and billing information such as billing address, shipping address, zip code, company name, tax code, VAT number, SDI code, PEC;
- data related to how you use our site;
- data related to your activities on our site;
- additional information you send us through the forms on NOSTROR SITE (for example, through the "Help" section);
- the browsing information, including so-called technical and/or profiling cookies, etc.;
The legal basis for these processing operations is the fulfillment of a contract (art. 6.1-b of the Regulations) or, as the case may be, the fulfillment of a legal obligation to which the Controller is subject (art. 6.1-c of the Regulations) or your express consent (art. 6.1-a).
2. PERSONAL DATA YOU PROVIDE TO US TO USE SERVICES ACCESSIBLE WITH CREDENTIALS
Some of the services of NOSTROR SITE are reserved only for users who go through the registration process. To complete the registration process we need some of your personal data, specifically:
- your first and last name;
- your e-mail address;
- your password;
- your date of birth.
The legal basis for these processing operations is the fulfillment of a contract (Art. 6.1-b of the Regulations) or, as the case may be, the fulfillment of a legal obligation to which the Controller is subject (Art. 6.1-c of the Regulations).
We will also use your data:
- exclusively if you provide us with your consent as resulting from the ticking of the item "I consent to the processing with regard to the collection of my personal data for profiling purposes", to learn more about your interests and define your individual and/or group profile. This activity is used to send you (provided that you have consented to receive our communications for advertising and commercial purposes) personalized updates about our activities, in particular about our special offers (also made in partnership/collaboration with third parties, about our new services/products, about surveys and/or opinions and about
other types of communication related to our services, and to process statistical and commercial studies in a way that is in line with your interests. The legal basis for this type of processing is your express consent (Art. 6.1-a of the Regulations) with respect to the individual purposes;
- exclusively if you provide us with appropriate consent as resulting from the ticking of the item "I consent to the
processing of my personal data for commercial and promotional purposes" to send you updates
personalized - about our activities, in particular about our new services/products, special offers,
about surveys and/or opinions and other types of communication related to our services and for the processing of studies of
statistical and commercial research - that are in line with your interests. The legal basis for this
type of processing is your express consent (Art. 6.1-a of the Regulations) with respect to the individual purposes.
Your consent to these processing of your data is optional (and freely modifiable even if you have previously consented, by simple request to the email address privacy@hinelson.com, without any further formality) and your refusal will not result in the absolute impossibility to use the services of NOSTROR SITE, but you may get a less personalized service.
3. NAVIGATION DATA
The computer systems that allow NOSTRO SITE to function, as is the case with any website, automatically acquire, in the course of their normal operation, some of your personal data relating to navigation.
In particular, while browsing NOSTROR SITE we collect:
- your IP address;
- the number of your accesses;
- the duration of your browsing;
- the name of your browser;
- the pages you have viewed;
- the date and time you logged in;
- additional parameters related to the operating system you used to connect.
The legal basis for these processing operations is the pursuit of the legitimate interest of the data controller (Art. 6.1-f of the Regulations).
HOW WE WILL USE THEM
Your browsing data is collected by us only to obtain anonymous statistical information about how you use NOSTROR SITE and to check that it is working properly - and we will keep it only for as long as is necessary for the above purposes. For the sake of completeness, we would like to inform you that this data, by its very nature, could nevertheless allow your identity to be traced, including through possible associations with other data held by third parties.
HOW WE WILL NOT USE THEM
We would like to inform you that your browsing data will under no circumstances be used to define your profile or personality, for marketing purposes, to send you advertising material, to carry out market research or commercial communications.
AGE LIMIT
In case you have not reached the age of 18 (eighteen) years, or you do not have the capacity to act, this Policy is addressed to the person in charge of this by the Italian law in force, who remains the only person entitled to give us consent to the processing of your personal data.
4. NEWSLETTER SUBSCRIPTION
You can subscribe to the newsletter service through the voluntary entry of your e-mail address, without registering a user profile, or as a registered user of NOSTROR SITE.
To provide and manage the newsletter service and for the part related to marketing campaigns conducted through our newsletter service, we inform you that we use the services and tools offered by the site called 'ActiveCampaign'. Your e-mail address is stored on their servers and on our backup copies, managed according to all criteria of confidentiality and security, without such e-mail addresses being disclosed to any other party. Please note that you can unsubscribe from the newsletter at any time and you can change your information by following the instructions at the bottom of the messages. For more information on how this third party will process your personal data, we recommend that you carefully review their privacy policy by clicking on this link:
https://www.activecampaign.com/legal/privacy-policy.
Please note that 'Active Campaign' provides us with information about who opens newsletters and clicks on the links contained, this is for the purpose of allowing us to use this information to make communications more in line with your interests.
Please note that the newsletter service will continue until you unsubscribe. If you do not provide us with the necessary registration information, we will not be able to provide you with the newsletter service. The legal basis for these processing operations is the fulfillment of the contract (Art. 6.1-b of the Regulations).
5. PURPOSE OF PROCESSING
Your personal data will be used in order to deliver the services you have requested, to personalize and to improve
constantly your experience of using the Website as a user.
The personal data you communicate to us will be processed in accordance with the principles of lawfulness, fairness and transparency, so that we can always protect your privacy and your rights in accordance with current legislation.
We inform you that this data will not be communicated or disseminated in any way to external parties, without prejudice to the obligations provided for by the law in force.
6. RECIPIENTS OF PERSONAL DATA
Except as specified for the individual personal data processing purposes described in this
information notice, your personal data may be communicated to - or otherwise come to the knowledge of - specific persons in charge and/or responsible (including external) for processing, in relation to their functions and competences, solely in order to comply with applicable laws and/or contracts that may be in place, to carry out specific fulfilments or for any maintenance and development of NOSTROR WEBSITE.
Therefore, in general, the personal data you transmit to us are not communicated to other parties, unless this should be necessary for contractual or regulatory provisions or to fulfill specific obligations or for maintenance and development interventions.
In these cases, we may have to communicate the personal data you have transmitted to us to some of these parties:
- collaborators or consultants, internal and/or external, for compliance with applicable regulations and/or for the performance of contractual services in dealings with individual data subjects (e.g. affiliated entities, labor consultants, legal advisors, tax advisors, accountants, auditors, etc.);
- IT technicians for maintenance and/or development services;
- judicial or other public authorities, in compliance with the purposes of the processing of your data or for
legal obligations.
You can request the full list of data processors from us by sending an email request to this address privacy@hinelson.com.
7. LOCATION AND POSSIBLE TRANSFER OF YOUR PERSONAL DATA
Please note that your personal data will be stored within the European Economic Area (also referred to as 'EEA'), specifically it will be stored on our servers.
We also specify that the company makes use of the Google Analytics tool, which does not belong to the European Economic Area, so for more information on how this third party will process your personal data, we recommend that you carefully consult their privacy policy by clicking on this link:
https://www.google.com/analytics/terms/dpa/dataprocessingamendment
Personal data, as identified in this policy, may be transferred to countries that
ensure an adequate level of security based on the European Commission's adequacy decisions or on the basis of the appropriate safeguards provided by current legislation.
8. PROTECTION OF YOUR PERSONAL DATA
We use particularly advanced encryption technologies and periodic backups to protect the integrity and
confidentiality of your data. Your personal data will be protected through security measures, both of a technical and organizational nature (e.g., data encryption and firewalls), to make sure that we minimize the risks associated with unauthorized access, unauthorized alteration, unauthorized or otherwise improper use, loss and disclosure of data.
9. RETENTION PERIOD OF YOUR PERSONAL DATA
Your personal data will be retained by us and our service providers in accordance with applicable data protection laws to the extent necessary for the processing purposes defined in the Privacy Policy for Users. We will then delete your personal data in accordance with the data retention and deletion rules or otherwise take steps to anonymize the data, unless there is a legal requirement to retain your personal data longer (e.g., for legal, tax, accounting or auditing purposes). In particular:
- for the management of the existing contractual relationship, the data will be kept for the time period defined by the relevant legislation as well as, upon termination of the relationship, for the ten-year period for the retention of only data related to the scope of civil law;
- for the management of personal data that you may have communicated to us in connection with the newsletter service and/or when you registered for our services accessible through credentials for as long as such registration remains active;
- only when you have provided us with a specific consent (optional), for the processing of your personal data for marketing purposes and analysis of consumer habits and choices, we will keep the data collected for the time strictly necessary for the management of the above-mentioned purposes according to criteria based on compliance with current regulations, fairness and balancing our legitimate interest and your rights and freedoms. In the absence of specific regulations providing for different retention times, and in the absence of your new explicit consent to be expressed near the following deadlines, we will use your data for marketing purposes for a maximum time of 24 months, at the end of which we will delete it
- only when you have provided us with a specific consent (optional), for the processing of your personal data for profiling purposes, we will keep the data collected for the time strictly necessary for the management of the above-mentioned purposes according to criteria based on compliance with the regulations in force, balancing our legitimate interest, your rights and freedoms, and fairness. In the absence of specific regulations providing for different retention times, and in the absence of your new explicit consent, which you will have to express to us as the following deadlines approach, we will use your data for marketing purposes for a maximum of 24 months, after which we will delete it. We will, in any case, take every care to avoid an indefinite use of your data, proceeding on a periodic basis to adequately verify your actual interest in granting us the possibility to process the data for marketing purposes - an activity that we will carry out through automated contact methods, such as e-mail
.
10. WHAT ARE YOUR RIGHTS
As a data subject of the processing of your personal data, we inform you that you have the right to ask us:
- to know whether or not we are processing your personal data and, if so, to obtain access to it (right of access, art.15 EU reg. 2016/679);
- the rectification of your inaccurate personal data, or the integration of your incomplete personal data (right of rectification, art.16 EU reg. 2016/679);
- the deletion of your data, if there is one of the grounds provided by the Regulation (right to be forgotten, art. 17 EU reg. 2016/679);
- the restriction of the processing of your data when one of the hypotheses provided for by the Regulation applies (right to restriction, art. 18 EU reg. 2016/679);
- to receive your data in a commonly used, machine-readable format and to transmit, where possible, such data to another data controller (right to portability, Art. 20 EU reg. 2016/679).
- to revoke, at any time, consent to the processing of your data without affecting the lawfulness of the processing carried out on the basis of the consent until revocation, and to object at any time to the processing of your data for marketing purposes or for different further purposes, as well as the right to object to the processing of your data for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communications (right to object, Art. 21 EU reg. 2016/679);
11. AUTOMATED DECISION-MAKING PROCESS
We also inform you that you have the right not to be subjected to decisions based solely on the processing
automated processing of your personal data, including profiling, capable of producing legal effects concerning you or otherwise affecting you in a similar and significant way (unless such automated activity is necessary for the conclusion or performance of a contract between you and the Controller, that such activity is authorized by the law of the Union or of the Member State to which we are subject as Data Controller (also specifying appropriate measures to protect your rights, freedoms and legitimate interests) - or finally that it is based on your explicit consent) Specifically in this context, for the service of automated marketing campaigns based on your user profile we inform you that we use the services and tools offered by ActiveCampaign. For more information on how this third party will process your personal data, we recommend that you carefully review their privacy policy by clicking on this
link: https://www.activecampaign.com/legal/privacy-policy.
12. INFORMATION
You may exercise the above rights at any time by submitting a simple request to this email address privacy@hinelson.com
We will contact or inform you as soon as possible and, in any case, within 60 (sixty) days from the date of your request.
13. COMPLAINTS
Should you believe that there has been a breach of data protection legislation with regard to the processing of your data, please note that you also have the right to lodge a complaint before the local Data Protection Authority within the European Economic Area ('EEA'). You can find the references of each Authority, depending on the country you are in, by clicking on the following link:
http://www.garanteprivacy.it/web/guest/home/footer/link.