GENERAL TERMS AND CONDITIONS
FOR ONLINE SALES OF PRODUCTS BY HIBOU SOC. COOP.
TERMS AND CONDITIONS OF SALES
The sale of the products of Hibou Soc. Coop. (“Seller“) through the website https://www.hiboucoop.org/ (“Site“) is aimed exclusively at the consumer, as defined by Legislative Decree 6.9.2005, n. 206 of the Consumer Code, as amended by Legislative Decree 21 February 2014, n. 21 (“Buyer“).
The Buyer expressly declares to make the purchase as a consumer, therefore for purposes unrelated to any entrepreneurial, commercial, craft or professional activity that may be exercised.
If the Purchaser wishes to purchase the Products for one of the aforementioned purposes, please contact the following e-mail address: email@example.com.
The goods subject to these general conditions (“Products“) are offered for sale by Hibou Soc. Coop., Based in Imola (Bologna), Italy, Vicolo Croci 16 / B, tax code no. 01681211205, VAT no. 03771831207.
1.1 These General Conditions of Sale (“Conditions“) have as their object the sale of the Products made online, through electronic commerce service, on the website www.hiboucoop.org; in particular, they govern the offer, forwarding and acceptance of purchase orders for products on the website www.hiboucoop.org and the related distance contract. The contract between the Buyer and the Seller is in Italian and subject to the application of Italian law.
2.1 The Products are sold directly by the Seller to the Buyer, the latter identified by the data entered when completing and sending the order form in electronic format (“Order“) with simultaneous acceptance of these Conditions. By placing the Order, the Buyer guarantees that he is of legal age (18 years) and that he has the legal capacity to enter into binding contracts. When sending the Order, the Buyer must provide a valid and used e-mail address. Furthermore, the Buyer undertakes to verify, if he does not receive any e-mail from the Seller after sending the Order, also the “junk mail” (spam) folder present in his mail manager.
- ORDER OF PRODUCTS AND MANAGEMENT OF THE ORDER BY THE SELLER
3.1 During the completion of the Order, the Buyer can view: the information and images of each Product and its price, the method of payment that can be used, information on the delivery methods of the Products purchased and the relative shipping and delivery costs; the Order also contains a reference to these Conditions, with express reference to the right of withdrawal.
3.2 Once the Order has been sent, the Buyer will receive from Hibou Soc. Coop. a message of taking charge of the Order to the e-mail address indicated in the Order, which will provide a summary of the information contained in the Order.
3.3 The Seller, before sending the Order confirmation (“Confirmation“), may request, via e-mail or on the telephone indicated by the Buyer, further information with reference to the Order.
3.4 In the event of an incomplete or incorrect Order, as well as in the event that the Product or Products ordered are not available, the Seller will inform the Buyer by e-mail that it is not possible to fulfill the Order, explaining the reason. In this case, the sum already paid by the Buyer will be refunded.
3.5 The contract between the Seller and the Buyer will be finalized only when the Buyer has received the Order Confirmation.
3.6 The Buyer agrees to receive tax documents, such as sales invoice, etc., only in PDF format to the e-mail address indicated in the Order.
- METHODS OF PAYMENT
4.1 The Buyer can pay the price of the products and the relative shipping and delivery costs, via PayPal or bank transfer, by selecting the method chosen when completing the Order.
4.2 At the time of online purchase through PayPal, together with the Order Confirmation, the reference bank will only undertake the amount relating to the Order from the availability present in the Buyer’s credit card; if, following the payment of the Products, the Buyer usefully exercises the right of withdrawal, the Seller will instruct the bank to credit the amount to be refunded directly to the Buyer’s PayPal account. During the entire purchase process, the Seller will not be aware of the information regarding the PayPal account and the associated credit card.
4.3 In case of payment by bank transfer, the Seller will ship the Products only once the full payment of the Order has been received.
- SHIPPING AND DELIVERY OF THE PRODUCTS
5.1 The Products purchased will be delivered by courier identified by the Seller to the address indicated by the Buyer in the Order. The Buyer can consult shipping methods, time and costs on the Seller’s Site.
5.2 Each shipment by the Seller contains, in addition to the Product(s) ordered , the relative transport document and contingent information and marketing material.
5.3 Without prejudice to the right of withdrawal referred to in point 8, the Buyer cannot refuse delivery of the shipment or request its return to the sender; in this case, any shipping or storage costs will be charged to the Buyer.
6.1 Unless otherwise written specification, all Product prices and shipping and delivery costs indicated on the Seller’s website and in the Buyer’s Order are expressed in Euros and are to be considered VAT included. The prices of the Products as well as the shipping and delivery costs are those indicated on the Seller’s website at the time the Order is sent to the Seller via the Internet; since prices and expenses may vary, without prior notice, the Buyer is required to verify the final sale price before submitting each Order.
- WARRANTY FOR PRODUCT DEFECTS
7.1 The Seller is responsible for defects in the Products offered on the site, including the non-compliance of the items with the Products ordered, which occur within 2 years of delivery of the Product.
The Buyer forfeits all rights if the Seller is not notified of the fault within two months from the date on which the defect was discovered. The complaint is not required if the seller has acknowledged the existence of a defect or has concealed it.
7.3 In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of the contract relating to the disputed Product with consequent refund of the price, unless the request is objectively impossible to satisfy, or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code. In the event of a price reduction or termination of the contract, it is the Buyer’s responsibility to indicate the methods for refunding the sums previously paid to the Seller.
7.4 The complaint of the defect must be sent to the Seller in writing, by registered letter with return receipt sent to the Seller’s address (Vicolo Croci, 16 / B – 44026 Imola – BO) or to the certified email address firstname.lastname@example.org; the Seller, within seven working days of receipt, will indicate its availability to process the request or the reasons that prevent it from doing so.
7.5 In the same communication, in case of acceptance of the Buyer’s request, the Seller must indicate:
– the method of delivery of the Product for repair or replacement as well as the deadline for its return or the dispatch of the replacement;
– the proposed price reduction or the methods for returning the defective good.
- RIGHT OF WITHDRAWAL
8.1 The Buyer has the right to withdraw from the contract within 14 days from the date of receipt of the Products. Within this period the Buyer must send an e-mail to email@example.com, expressing his decision to withdraw from the contract, without any obligation to give reasons.
8.2 The Seller, within 14 days of receiving the communication referred to in the previous art. 8.1, will reimburse the Buyer for the payment received for the Product and for the shipping costs, pursuant to art. 56 of the Consumer Code (except for the higher costs deriving from the Buyer’s choice of a type of delivery other than the least expensive one offered by the Seller), using the same payment method used by the Buyer at the time of the Product Order, unless explicitly requested otherwise the latter and on condition that the means chosen by the Buyer is not excessively burdensome.
8.3 Within 14 days of sending the notice of withdrawal, the Buyer must deliver the products to the courier for delivery to Hibou, to be addressed to Hibou Soc. Coop., Vicolo Croci, 16 / B, 40026 Imola (BO), supporting entirely the transport costs for the return of the Products. The Seller may withhold the refund until the Product has been received or until the Buyer has given proof of shipment to the Seller.
8.4 The exercise of the right of withdrawal is subject to compliance with the following conditions:
- a) the returned Products must be returned in their entirety, complete with all the accessories shipped together with them;
- b) the returned Products must not have undergone a decrease in value resulting from their handling other than that necessary to establish their nature, characteristics and functioning;
- c) the returned Products must be returned in their original packaging and sent to the seller in a single shipment.
8.5 If the Products do not meet the requirements referred to in letters a), b) and c) of the previous article, the Seller reserves the right not to accept the returned goods. In this case, the Seller will inform the Buyer via e-mail, who can choose whether to have the purchased products returned at his own expense; otherwise, the Seller will keep the returns without refunding the relative cost.
- ARCHIVING OF ORDERS – COMMUNICATIONS – PRIVACY
9.1 The Seller informs the Buyer that each Order sent is stored in digital and/or paper form at the Seller’s headquarters, in compliance with the confidentiality and security requirements.
9.2 The Purchaser in any case agrees that all communications, information and, in general, all documentation relating to the purchase of the Products, will be sent to the e-mail address indicated at the time of completing the Order.
- APPLICABLE LAW – DISPUTES, CONCILIATION AND COMPETENT COURT
These Terms and Conditions are governed by Italian law.
10.2 Should a dispute arise between the Seller and the Buyer, the parties may activate a conciliation through the electronic body available at the link ec.europa.eu/consumers/odr.
10.3 The competent court for any dispute arising from the interpretation or execution of these Conditions is in any case that of the place of residence or elective domicile of the consumer and mandatory pursuant to art. 33, 2nd paragraph, letter u, Consumer Code.