General terms and conditions and privacy policy

In this section you can read the general conditions for online purchases at HiNelson.com and privacy policy.

General Terms and Conditions for purchases online

ARTICLE 1 - PREMISES

1.1 HiNelson S.r.l., with registered office in Via Arcivescovo Calabiana n. 6, 20139 - Milan, C.F. and P.IVA 07984340724, in the person of its legal representative pro tempore ("Company") is the owner of the website "https://www.hinelson.com/en/" ("Site") dedicated to the sale of nautical products ("Products") manufactured by third parties ("Manufacturers").
1.2 These general conditions ("General Conditions") govern the relationship between the Company and each user of the Site who purchases Products ("Customer").
1.3 Customers may act on the Site:
a) Consumer Customers, as defined by art. 3, lett. a) Legislative Decree 206/2005;
b) Professional/Business (B2B) Customers, i.e. natural or legal persons who purchase for purposes inherent to their entrepreneurial, commercial or professional activity, including resellers or persons who purchase for subsequent resale.
1.4 The Customer's request for an invoice constitutes a presumption of operating as a Business Customer. 2.1. 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 Conditions, the Customer of the Site 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 - REGISTRACTION ON THE SITE

2.1 In order to operate purchase Products through the Site, the Customer is required to create and have its own personal account. The registration procedure on the Site consists of the following steps: i) entry of the Customer's first name, last name, address, telephone number and e-mail address and the password chosen by the Customer; ii) subscription, by means of the "point and click" technique (i.e. with the affixing of "flags" on boxes that are not pre-selected) of these General 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 Client, subscription, by means of the "point and click" technique, pursuant to and for the purposes of Articles 1341 and 1342 c.c, 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(Product Warranty for Professional Customers); 12 (Customer's Liability) 13 (Advertising Material); 17(Competent Court); iv) possible subscription to the newsletter service relating to the Products and the Company's business; iv) confirmation of their entered data and willingness to register on the Site ("Registration").
2.2 The Company warns Customers that it is strictly forbidden to enter personal data of third parties, false, fictitious or otherwise intentionally incorrect data in the Registration. 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, subject to 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 his account and his Registration credentials (username and password) and therefore undertakes to keep them confidential and not to make them available to third parties, releasing the Company from any liability for acts or deeds carried out fraudulently by the Customer and/or third parties who have had access to the account by reason of wilful or negligent conduct on the part of the Customer.

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 Producer, 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 relating 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 for purchasing a Product consists overall of the following steps ("Purchase Procedure"):
3.3.1 selection of the Product on the Site by the Customer 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, without limitation, 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 the method of shipment of the Product and acceptance of the estimated costs;
3.3.5 selection of the method of payment, 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 referred to 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, the delivery charges and any additional charges; (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 24 hours, by e-mail, to the address indicated in the Purchase Procedure. Once this deadline 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 referred to 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. In the event of failure to notify the Company within such period, the Company will proceed with Delivery (as defined below) of the Products as per the Purchase Order Confirmation.
3.8 The Product purchase agreement shall be deemed to be executed when the Customer receives the Purchase Order Confirmation, pursuant to the provisions of Article 3.5 above ("Purchase Agreement").

ARTICLE 4 - AVAILABILITY OF PRODUCTS

4.1 The availability of the Products offered on the Site is continuously monitored and updated by the Company. However, since the Company purchases the Products from the Manufacturers, the possibility may arise that the Product may be 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. 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 operator of the payment means). The Customer may then proceed to 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 accepts that the Company assumes no responsibility regarding the truthfulness and completeness of such information, and acknowledges that the images of the Products may not fully conform to the Product (for example, due to the quality of the images used by the Manufacturer).
5.3 By virtue of the foregoing, the Customer is responsible for the selection of the Products ordered and the compliance and conformity of the specifications indicated by each Manufacturer with its requirements.

ARTICLE 6 - PRICE AND METHOD OF PAYMENT

6.1 All prices of the Products published on the Site are expressed in euros and are inclusive of VAT, unless otherwise communicated within the Site and where applicable pursuant to applicable regulations ("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 shall be the one indicated on the Site at the time of the conclusion of the Purchase Order and that no account shall be taken of any changes (upwards or downwards) following 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 crediting 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 is secure, 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 transiting 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 payment method, 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 by 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 Customer 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 case of Customer's entry of incorrect data, all additional costs, if any, arising from the retrieval of the shipped Product and/or potential reshipment of the Product shall be borne by the Customer.
6.10 In case of use of discount codes generated by HiNelson.com in the promotional phase may be used only once in relation to a single customer. It is possible that the use of a promotional code may be subject to a minimum spending amount. Discount codes cannot be combined for the same order unless otherwise provided by HiNelson. Should IP address, telephone number, delivery address and e-mail address be found to be an exact match between multiple orders, the discount code already used will be cancelled.

ARTICLE 7 - DELIVERY OF PRODUCTS

7.1 The Company undertakes to deliver the Product purchased by the Customers, by means of courier service or special transport, 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 term indicated by the Company in the Purchase Order Confirmation. In the case of Consumer Customer, such 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 in relation to 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 accepts that the Products are not provided on a trial basis.
7.5 In the event that the Product purchased is not delivered in accordance with the delivery terms indicated 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, without prejudice to the right to compensation for damages;
7.5.2 With respect to Professional Customers, any delays not attributable to the Company (e.g. customs, strikes, logistical blockades, international events) do not entitle the Customer to compensation, but only to agree on a new delivery date.
7.6 The Customer agrees to be present, or to instruct a person to be present to pick up the Product, on the Delivery date specified in the Purchase Order Confirmation, i.e. agreed in accordance with Article 3.5 above.
7.7 In the event of non-Delivery due to the absence of the recipient at the address and date specified in the Purchase Order and in the subsequent Purchase Order Confirmation, the courier selected by the Company will leave a notice with the Customer and will 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, before the expiration of the aforementioned period of 30 (thirty) days, the Customer requests to receive the Product again, exclusively 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 Customer, agrees to make all necessary checks to detect any 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 and all claims and/or demands related thereto in the relevant Delivery Receipt, providing all appropriate information and proving in any manner what is claimed; b) have such receipt countersigned by the Delivery Clerk; and c) retain a copy of the countersigned receipt. Following such report, 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 shall be borne by the importer, i.e. the purchaser. In case of rejection of the product due to customs duties in the process of reimbursement 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 time when 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 cannot be exercised for "custom-made" or "personalized" goods pursuant to Article 59, letter 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 exercise of its right of withdrawal.
8.4 The Consumer Customer may ship, at its own expense, the goods to the following address: HiNelson Srl c/o eCourier - Strada Vicinale Della Curetta, 3 - c/o Fiodor - 15040 Pietra Marazzi (AL). The Customer acknowledges and accepts that the Company will not accept the return of Products sent in COD or freight collect packages. Alternatively, the Customer may return the goods by availing itself of the use of couriers, made available to the Company, at a cost of € 10.00.
For returns from non-EU countries:
a) any exit customs duties, taxes or costs of return to Italy are the responsibility of the Customer,
b) these amounts are deducted from the refund only if actually incurred.
Any form of cash on delivery/assigned port is excluded.
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 event, 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 to 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 8 BIS - FAILURE TO COLLECT THE GOODS

The Customer undertakes to receive the Products ordered according to the terms and times indicated in the order confirmation or subsequently communicated by HiNelson. In the event of impossibility of delivery for reasons attributable to the Customer (such as, but not limited to: absent recipient, incorrect or incomplete address, failure to collect within the terms provided in the case of storage), HiNelson reserves the right to:

(a) charge the Customer for the costs incurred for the storage, the return of the goods to the sender and/or for any new shipment;
(b) retain, in case of prepayment, an amount corresponding to the costs actually incurred for the management of the unsuccessful shipment, including any administrative and logistics costs, to be calculated and communicated to the Customer in a transparent manner. The Customer shall in any case be entitled to a refund of any remaining amount paid.
c) consider the order cancelled after 30 (thirty) days from the non-delivery, resulting in the termination of the contract pursuant to art. 1456 c.c.
It is without prejudice to the Customer's right, where applicable, to exercise the right of withdrawal within the terms and in the manner provided for in Articles 52 et seq. of the Consumer Code.

ARTICLE 9 - RETURNS - CUSTOMER COMPLAINTS

9.1 Claims relating to products that do not conform to the order (e.g. wrong item, damaged on delivery, different from what is described) must be communicated by the Customer to the Company within 7 (seven) days of receipt of the goods, by e-mail to the address indicated in Article 14.
9.2 In such cases, the Customer must return the Product to the Company in the manner that will be communicated by Customer Service. Once the non-conformity has been verified, the Company will, at its own expense, replace the Product with the correct one or, alternatively, refund the amount paid.
9.3 This is without prejudice to the Consumer Customer's right to assert the legal guarantee of conformity provided for in Article 10 of these General Conditions, if the Product has defects or non-conformities not immediately detectable at the time of delivery.

ARTICLE 10 - PRODUCT WARRANTY FOR THE CONSUMER CUSTOMER

10.1 All Products sold on the Site are covered by the legal warranty of conformity provided for in Articles 128 et seq. of the Consumer Code, valid for a period of 2 (two) years from delivery.
10.2 The Consumer Customer is obliged to report any lack of conformity to the Company within 2 (two) months of discovery, under penalty of forfeiture of the warranty.
10.3 In case of lack of conformity, the Consumer-Customer has the right, without charge, to repair or replacement of the Product. If this is not possible or is excessively onerous, the Customer has the right to a price reduction or termination of the contract, in accordance with the provisions of the regulations in force.
10.4 The mandatory rights recognized to the Consumer by the laws of the country of residence, if located in the European Union, remain unaffected.
10.5 Pursuant to and for the purposes of Article 10.4 above, the Consumer-Customer acknowledges that the remedy requested shall be deemed excessively onerous 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; (iii) whether the alternative remedy can be pursued without significant inconvenience to the Consumer-Customer.
10.6 In any event, by way of example only, the Consumer Customer shall not be entitled to the remedies set forth 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 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 set forth 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 will 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 indicated 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 previous 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 Client 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 benefit from the legal warranty referred to in this Article 11, the Professional Client 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 - RESPONSIBILITY OF THE CUSTOMER

12.1 The Customer is solely responsible for the correct and non-fraudulent use of the Site, releasing the Company from any liability for acts or deeds fraudulently performed by the Customer and/or third parties who have accessed the Customer's data indicated in the Purchase Procedure and/or in the Customer's account completed as a result of 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, set forth in Article 12.1 above, the Company may terminate with immediate effect these General Terms and Conditions and any existing Purchase Agreements, pursuant to and for the purposes of Article 1456 of the Italian Civil Code, by 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 AND INDUSTRIAL PROPERTY RIGHTS

13.1 Material relating to the Products (e.g., photographs, images, descriptions) is published on the Site for informational 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 commercial documentation of the Manufacturers made available on the Site and/or on the websites of the Manufacturers themselves.
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, dissemination 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, from Monday to Friday, during business hours, excluding holidays, through the methods provided in the "Contact" section of the Site, or at the following numbers: +39 800 693 884, email address: [email protected] ("Customer Service").
14.2 Where not otherwise provided for in this Contract, Customers are invited to submit any complaints to Customer Service.
14.3 In all cases of return, return and/or in any other case of Product redelivery, where not otherwise communicated by the Company, the Customer is obliged to send such Product to the Company in accordance with and at the address indicated in Article 8.4 above.

ARTICLE 14-BIS - VAT, DUTIES AND CUSTOMS OPERATIONS

14.1-bis - EU B2B Sales: application of reverse charge regime if the Customer provides a valid VAT number (VIES).
14.2-bis - Extra-EU sales: import costs, local taxes, duties and customs clearance are fully borne by the Customer.
The Company may require guarantees or advances from the Customer for complex customs operations.

ARTICLE 15 - PRIVACY

15.1 The User acknowledges and accepts that his/her personal data communicated for the purposes of these General Conditions and/or entered within the Site will be processed by the Company in accordance with the Privacy Policy and in compliance with applicable legislation (including, but not limited to, EU Regulation 2016/679.

ARTICLE 16 - MISCELLANY

16.1 If one or more of the 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 Conditions, should the Company be 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, website software and hardware or other technology, customs blockades, international government restrictions, pandemics, trade sanctions, disruptions global logistics chains or due to any other event beyond the reasonable control of the Company ("Force Majeure"), the period for performance of the subject services shall be extended for the period of delay or inability to perform due to the specific Force Majeure causes. 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 payable 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, nor may the Customer assign any of its rights or obligations under it, without the prior written consent of the Company.

ARTICLE 17 - GOVERNING LAW AND PLACE OF JURISDICTION

17.1 The General Conditions are governed by Italian law.
17.2 In the case of a 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 Clients, the Company reminds that, pursuant to Article 17.4 of EU Reg. 524/2013, and without any constraints, the Consumer Client may find all useful information to be able 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 case of a Professional Customer, the exclusive and mandatory forum is Milan, Italy. For non-EU Clients, the Company may choose, at its discretion, the competent court or international arbitration (Milan Chamber of Arbitration or ICC)

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 disclosure 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 notice 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 DISCLOSURE DOES NOT REFER TO

This policy does not cover or regulate services offered by third parties (which may be accessible through links placed on the NOSTROR SITE) and how they will process your personal data. We suggest that you read carefully on the websites of these third parties their privacy policies about how they will process your personal data and how it will be shared, if at all. HiNelson S.r.l. on these third parties has no control and therefore disclaims any responsibility regarding the processing of your personal data carried out by these sites.

DISCLOSURE UPDATE

This policy will be updated with additions or changes to renew it both with respect to the regulations and toward any technical changes made to the NOSTROR SITE as well as for any changes in the purposes or methods of processing your personal data.
You will be informed in case of any changes with specific notices. We still recommend that you check
periodically this page to stay updated.
Each updated version will be accompanied by its date, posted on this web page, and will become effective against you immediately after its publication.

PERSONAL DATA CONTROLLER

The owner of the processing of your personal data of the NOSTRO 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: [email protected] (which we will also refer to as "Owner").
If you have any needs regarding the processing of your personal data, you can contact us by sending an e-mail to [email protected].

WHAT PERSONAL DATA WE COLLECT

Some of your personal information will be collected when you use the NOSTROR SITE only in two cases:

    - when you send them to us directly; or - when the use of such data is necessary for the smooth operation of the NOSTROR SITE. Some personal information is required for us to identify you and to make the NOSTRO SITE can function properly, others are optional but may be necessary to use some of the services of the 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 freely and optionally provided by you, for example, when you send us an e-mail to our e-mail addresses listed on the NOSTROR SITE or when you write to us through our contact form.
In cases like 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 - needed in the registration phase on the NOSTROR SITE (or later, where required to perform specific services);
  • shipping and billing data such as billing address, shipping address, zip code, company name, tax code, VAT number, SDI code, PEC;
  • data about how you use our site;
  • data related to your activities on our site;
  • additional information you send us via the forms on the NOSTROR SITE (e.g., through the "Help" section);
  • 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 the NOSTRO SITE are reserved only for users who go through the registration process. In order to complete the registration process we need some of your personal information, 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 serves to send you (provided that you have consented to receive our communications for advertising and commercial purposes) personalized updates on our activities, in particular on our special offers (also made in partnership/collaboration with third parties, on our new services/products, on surveys and/or opinions and other types of communications related to our services, and to elaborate 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" in order to send you personalized updates - about our activities, in particular about our new services/products, our special offers, surveys and/or opinions and other types of communication related to our services and for the processing of statistical and commercial research studies - that are in line with your interests. The legal basis for this type of processing isyour 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 e-mail address [email protected], without any further formality) and any refusal on your part will not result in the absolute impossibility of using the services of the NOSTROR SITE, but you may get less personalized service.

3. NAVIGATION DATA

The computer systems that enable the NOSTROR SITE to function, as is the case with any website, automatically acquire, in the normal course of their operation, some of your personal data related to navigation.
Particularly while navigating the NOSTROR SITE we collect:

  • your IP address;
  • the number of your accesses;
  • the duration of your browsing;
  • the name of your browser;
  • the pages that you 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 the NOSTROR WEBSITE and to check that it is working properly - and we will keep it only for as long as necessary for the above purposes. For the sake of completeness of information, we 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 empowered to do so by the applicable Italian law, who remains the only person entitled to give us consent to process 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 registered users of the 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, with no disclosure of these e-mail addresses to any other parties. 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 therein, 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 data necessary for registration, 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 constantly improve 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 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 purposes of personal data processing described in this notice, your personal data may be disclosed to - or otherwise come to the attention of - specific persons in charge of and/or responsible for processing (including external), in relation to their functions and competencies, solely in order to comply with applicable laws and/or contracts that may be in place, to perform specific tasks or for any maintenance and development of the NOSTROR SITE.
In general, therefore, the personal data you transmit to us are not disclosed to other parties unless this is necessary for contractual or regulatory requirements or to fulfill specific obligations or for maintenance and development work.
In these cases, we may have to disclose 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 stakeholders (e.g., affiliated entities, labor consultants, legal advisors, tax consultants, accountants, auditors, etc.);
  • iT technicians for maintenance and/or development services;
  • judicial authorities or other public authorities, in accordance with the purpose of processing 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 [email protected].

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.
It is also specified 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 notice, may be transferred to countries that provide 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 technical and organizational (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). Specifically:

  • for the management of the existing contractual relationship, the data will be retained for the time period defined by the relevant regulations as well as, upon termination of the relationship, for the ten-year term for the retention of only data related to the scope of civil law;
  • for the management of any personal data you may have disclosed to us in connection with the newsletter service and/or when you registered for our credential-accessible services 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 purposes indicated above 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 rules providing for different retention times, and in the absence of your new explicit consent that 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 in the processing of your personal data, we inform you that you have the right to ask us:

  • to know whether or not any processing of your personal data is taking place 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 reg. EU 2016/679);
  • the limitation of the processing of your data when one of the cases provided for in the Regulation (right of limitation, art. 18 EU reg. 2016/679) occurs;
  • to receive your data in a commonly used, machine-readable format and to transmit, where feasible, such data to another data controller (right to portability, Art. 20 EU reg. 2016/679).
  • to revoke, at any time, your 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

We also inform you that you have the right not to be subjected to decisions based solely on 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 the Member State to which we are subject as Data Controllers (also specifying appropriate measures to protect your rights, freedoms and legitimate interests) - or finally that it is based on your explicit consent) In particular 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 [email protected]. 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 file 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.

Product added to wishlist
Product added to compare.