General Terms and Conditions of Sale
Premise
The general terms and conditions of sale and use described in this document (hereinafter referred to as the “General Terms and Conditions”) apply to all sales (hereinafter referred to as the “Services” or individually as the “Service”) made by Hombre S.r.l. through its domain www.hombre.it (hereinafter referred to as the “Site”), which can be reached from the web address https:// www.hombre.it or https://hombre.it. The Use of the Services is permitted only by people who have:
- read the Information on the processing of personal data;
- accepted the general terms and conditions of sale (this document);
- created an account on the Site, as indicated below.
Pursuant to and for the purposes of articles 7 and 12 of Legislative Decree no. 70 of 9.4.2003, the following information is communicated to users:
- The provider of the Services covered by the General Conditions is Hombre S.r.l., with registered office in Strada Corletto Sud, 320 41126, Modena (MO), Italy, tax code and registration number 012955703.
- The General Terms and Conditions shall also apply to new types of Services, which will be provided by Hombre in the future, unless otherwise stated at the time of registration or the first provision of the new Service.
- If you wish to use the Services, please print a copy of the General Terms and Conditions and/or
store them on your computer.
The person who accesses to the Site to make purchases (hereinafter the “Customer”) is obliged, before sending the order, to read carefully these General Terms and Conditions – which constitute a binding agreement – made available to him or her on the Site and which can be consulted at any time by the Customer, including through the link contained in the email confirming each order, so that they can be reproduced and stored. The Contracts concluded with Hombre through the Site are governed by these General Conditions in accordance with the Italian law. The characteristics and price of the various products on sale on the Website (hereinafter the “Product” or “Products”) are shown on the page for each Product.
Special notice for consumers:
Only consumer users who are real people and of legal age are allowed to register. “Consumers” are real people who access the Site for purposes not related to their commercial, entrepreneurial or professional activity. Therefore, the provisions of Legislative Decree no. 206 of 6.9.2005 (“Consumer Code”) shall apply, as well as those generally applicable to the type of service provided by Hombre under Legislative Decree no. 70 of 9.4.2003 on information society services and electronic commerce.
1. Generality and scope of application
1.1 By sending an electronic confirmation of his purchase order, the Customer accepts and undertakes to observe these General Terms and Conditions in his dealings with Hombre. The Customer acknowledges that Hombre shall not be bound by any terms and conditions of sale other than those set out herein, unless previously agreed in writing.
1.2 The General Terms and Conditions may be changed at any time, subject to the Customer’s right of revocation in the manner set out in point 1.4 below. Any amendments and/or new conditions will be in force from the moment of their publication in the “Terms and Conditions” section of the Site (this page). To this end, we invite the Customers to regularly access the Site and to check the publication of the most updated General Conditions.
1.3 The General Conditions applicable are those in force on the date the purchase order is sent.
1.4 In the event that the Customer does not intend to accept the changes to the General Conditions, he shall be entitled to revoke his registration by cancelling his registration through his personal area on the Site.
1.5 The continuation of the use of the Service after the publication of the modifications constitutes manifestation of the intention to accept the General Conditions.
1.6 These General Terms and Conditions do not govern the sale of products and/or provision of services by parties other than Hombre that are present on the Site via links, banners or other links. Before entering into business transactions with such parties, the Customer shall check their terms and conditions of sale. Hombre shall not be responsible in any way for the provision of services and/or the sale of products by such parties. Hombre has no control and/or monitoring over the websites that can be accessed via such links. Hombre is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law on their part.
2. Registering on the Site
2.1 To become a customer of Hombre you must register on the website by clicking on the “Register” button on the home page of the website, creating a Hombre account and agreeing to the General Terms and Conditions. If you do not accept the General Terms and Conditions, you will not be able to register on the website and make purchases on Hombre.
2.2 Registration on the Site is free of charge. To register, the Customer must fill in the registration form, entering a valid e-mail address and a personal password (hereinafter the “Registration Credentials”). The registration shall be validated and confirmed by email to the address provided by the Customer.
2.3 The Registration Credentials must be used exclusively by the Customer and may not be transferred to third parties. The Customer shall notify Hombre without delay in the event of suspected misuse. The Registration Credentials may be changed by the Customer at any time by accessing the appropriate section on the Website.
2.4 The Customer warrants that the Registration Credentials provided during the registration process on the Site are complete, correct and true. The Customer agrees to hold Hombre harmless from any indemnity and/or penalty obligations arising from and/or in any way connected with the Customer’s breach of the rules on registration on the Site. Customer shall be solely responsible for accessing the Site by means of Registration Credentials and shall be directly liable for any damage or harm caused to Hombre or any third party by misuse, loss, misappropriation by others or failure to maintain adequate secrecy of its Registration Credentials. All transactions carried out using the Registration Credentials are deemed to have been carried out by the Customer to whom the Registration Credentials relate.
2.5 The Services are provided in Italian and English.
2.6 A single registration per Customer is possible. Multiple registrations will be deleted.
2.7 In the personal area on the Site, the Customer can view and, if necessary, modify open, recently dispatched and/or completed orders as well as manage and save personal data.
2.8 Hombre reserves the right to refuse registration of any Customer at its sole discretion. Hombre also reserves the right not to accept orders, from whoever they come from, that are abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Site, as well as in relation to the improper or suspicious use of gift or discount vouchers as set out in Article 14 below.
3. Cancellation and suspension
3.1 Hombre reserves the right to cancel or suspend the account of any Customer who provides information and/or data that does not comply with the standard of the Site and/or reproduces data and/or information that is false, untrue, fraudulent, offensive or pornographic in nature or that violates laws and/or the rights of third parties.
3.2 In the event of a Customer’s cancellation, the Customer may not re-register on the Site by providing personal information associated with or capable of being associated with the cancelled account.
3.3 The Customer may cancel its registration with Hombre at any time by accessing the personal area on the Site.
4. Pre-contractual information
In accordance with Legislative Decree No. 70 of 9 April 2003, containing provisions on electronic commerce, Hombre informs the Customer that:
- In order to conclude a contract for the purchase of one or more products on the Site, the Customer shall fill in an electronic order form and send it electronically to Hombre, following the instructions that will appear from time to time on the Site and that will accompany the various stages of the purchase;
- The contract is concluded when Hombre registers the order form, after checking that the order and payment details are correct;
- Before transmitting the order form, the Customer can identify and correct any errors in data entry by following the instructions from time to time indicated on the Site and which will accompany the various stages of the purchase;
- Once the order form has been received and its formal accuracy checked, Hombre shall send the Customer a confirmation of the purchase order, containing a summary of the information already included in the order form (hereinafter the “Order Confirmation”). Once the Order Confirmation has been sent, the contract between the Customer and Hombre shall be considered concluded pursuant to Article 1326 of the Civil Code and Hombre shall take charge of the purchase order.
- We recommend that you keep the Order Confirmation received as proof of purchase or store it on a durable medium;
- The order form will be stored in Hombre’s database for as long as is necessary to process the order and, in any case, within the terms of the law. To access their order form, the Customer can consult the Profile – Orders section of the Site, where they will find a list of all the orders they have made.
5. Availability of Products
5.1 The Products offered on the Site are limited in number and may be sold at discounted prices. It may therefore happen that the Product ordered is no longer available after the registration of the purchase order. In any case of unavailability of the Product ordered, the Customer will be promptly informed by e-mail.
5.2 If a Product is unavailable, the Customer may grant Hombre the option of replacing one or more ordered Products with substitutes. The replacement Product shall be selected by Hombre in order to guarantee the same type of Product and packaging as that ordered and a maximum permitted price difference of 20% more or less than the value of the replaced Product.
5.3 If payment has already been made and the Customer wishes to cancel the order, Hombre shall refund the amount paid by the user, including contributions to the costs of processing the order and shipping costs, immediately and in any case within thirty calendar days from the day after the order was placed. The amount of the refund shall be communicated by e-mail and credited to the same means of payment used for the purchase.
5.4 Hombre shall not be held responsible for any delays in the crediting of the amount depending on the bank or the type of credit card used for payment.
5.5 Alternatively, the user may choose to receive a voucher from Hombre for the same amount paid, which can be spent on other Products on the Site within the following 30 (thirty) days of receipt of the voucher.
6. Prices and Offers
6.1 The Offers published on the Site are available for a limited time and with limited quantities of products. The date of validity of the Offers is indicated on the Site.
6.2 All the prices indicated on the Site are expressed in Euro (€) and include VAT. The contribution to the costs of order processing and delivery is explicitly indicated and includes VAT. This amount will be highlighted separately on the order form before sending it and on the order confirmation email.
6.3 The price of the Products may be changed without notice until the order is confirmed, it being understood that the price charged to the Customer will be the one published on the Product sheet at the time the order is sent.
6.4 The prices of the single Products, published from time to time, cancel and replace any previous prices.
7. Delivery of Products
7.1 The delivery of the Products is made through the transport service “DHL” and is carried out in Italy and abroad to the postal address indicated by the Customer in the order form. The Customer is solely responsible for the address provided for the shipment.
7.2 Delivery times are those indicated in the purchase order registered in the “Profile – Orders” section of the Site and specified in the purchase order confirmation. In the event of failure to indicate a specific delivery date, delivery shall take place within thirty calendar days from the day after the order was sent.
7.3 Upon delivery of the Products to the carrier, the Customer will be sent an e-mail confirming the shipment. Deliveries will be made from Monday to Friday (Saturdays with express transport), excluding national holidays.
7.4 If delivery is prevented by major force, Hombre shall contact the user by e-mail to inform him of the delay in delivery time. Hombre shall not be held responsible in any way for any delays due to the actions of third parties and/or major force.
7.5 Delivery is deemed completed when the Product is made available to the Customer at the address specified in the order form.
7.6 In the event of non-delivery due to the absence of the addressee at the specified address, the courier will leave a card to certify the delivery attempt. On the card, the postcard contains the data that the customer must use to contact the courier and arrange an appointment for the second delivery attempt. After two unsuccessful delivery attempts, the parcel will go into storage and Hombre’s Customer Service will contact the Customer in order to unblock the storage and arrange for delivery as soon as possible. If this attempt is also unsuccessful, the purchased Product will be sent back to Hombre.
7.7 Thirty days after the Product has been returned to Hombre, the contract shall be deemed terminated and the purchase order cancelled pursuant to Article 1456 of the Civil Code, and Hombre shall refund the sum paid by the Customer less the costs of the unsuccessful delivery of the Product and the costs of returning the Product to Hombre and the costs of storage. The termination of the contract and the amount of the refund shall be notified to the Customer by email. The amount of the refund shall be credited to the means of payment used by the Customer for the purchase. If, before the expiry of the 30-day period, the Customer requests a new delivery of the purchased Product, Hombre shall proceed with the new delivery and, in addition to the costs of the new delivery, shall charge the costs of returning the Product to Hombre and the costs of storage.
7.8 Termination of the contract and reimbursement of the amount paid shall not apply to Products which by their nature cannot be returned or are liable to deteriorate or expire rapidly, including:
- (a) Pre-packaged agricultural, fish and food products bearing an expiry date or a date of
minimum durability of not more than 60 days;
7.9 It is up to the recipient to check the conditions of the Product delivered. In the event that the package shows signs of breakage, damage, tampering and/or alteration, the Customer is invited to accept the package from the courier with “Reserve Check”. If there are any damaged goods inside, the Customer is requested to promptly notify Hombre’s Customer Service by e-mail at ordini@hombre.it. In the communication it will be necessary to list the damaged Products, attach the courier’s delivery note with the wording “Accepted subject to control” and, where possible, attach photographic evidence of the damaged Product. If the package is accepted without “Controlled reserve” we will not be able to proceed in any way against the courier and we will not be able to send back the damaged goods.
8. Payment
8.1 Payment for Products purchased on the Site is made by PayPal. Hombre, through its integrated partner service PayPal, accepts the main national and international payment circuits (Bancomat, Visa, Mastercard, American Express). For the conditions of the integrated partner services, please refer to their respective websites:
- PayPal – Link to site – Terms of Use – Privacy Policy
8.2 At no time during the purchase process is Hombre able to know the relevant information transmitted via secure connection directly to the site handling the transaction without third parties having access to it. No computer files relating to payment instruments are in any way accessible to Hombre. Therefore, under no circumstances may Hombre be held responsible for any fraudulent or illegal use of cards by third parties when paying for the Products purchased.
8.3 A tax receipt and/or electronic invoice shall be issued automatically with each purchase. On the occasion of the first purchase, the Customer will be asked to communicate the data for the header. The Customer may subsequently modify this data. The receipt and/or invoice for each purchase will be available in the section Profile – Orders.
8.4 The Products shall remain the property of Hombre until payment of the purchase price and shipping costs has been made by the Customer.
8.5 In the event of non-payment, Hombre shall charge the costs of dealing with the outstanding amount to the Customer and reject the relevant purchase order, notifying the Customer of this by e-mail.
8.6 Hombre shall only process the purchase order once it has received confirmation of authorisation to pay the total amount due, consisting of the purchase price, shipping costs and any additional costs, as indicated on the order form.
8.7 Hombre reserves the right to refuse orders from customers who do not give sufficient guarantees of solvency or with whom disputes are pending and to not accept certain payment methods at its sole discretion.
9. Withdrawal
9.1 In accordance with current legal provisions, and with particular reference to the Consumer Code, the Consumer has the right to withdraw from the purchase of the Products without any penalty and without specifying the reason, within 14 (fourteen) calendar days from the date of receipt of the Products.
9.2 Withdrawal must be exercised by means of an explicit declaration, which may be sent by registered letter with return receipt to the following address: Strada Corletto Sud, 320 41126, Modena (MO) or by PEC to: hombre@pec.it . The registered letter shall be considered sent in due time if it is delivered to the accepting post office within the term of 14 (fourteen) calendar days from receipt of the product.
9.3 After the return authorization, the Client shall provide to send the purchased Products,properly packed in their original package, together with all the accessories, within 10 (ten) working days from the date of the return authorization, using a carrier of his choice and at his own expenses.
9.4 Hombre shall check the Product, which must be intact, in its original packaging, complete with all its parts and any accessory documentation. The lack/breakage of any of the contents of the packaging makes it impossible to exercise the right of withdrawal. Only the costs for returning the Products to the sender shall be borne by the Consumer. Returns with expenses charged to the consignee will not be accepted.
9.5 Once it has been verified that the returned Product is completely intact in all its parts, Hombre undertakes to proceed with the reimbursement of the purchase price within and no later than 14 (fourteen) calendar days from receipt of the request for withdrawal, subject to receipt and verification of the returned Product or demonstration by the Consumer that he/she has returned the goods, whichever comes first. The shipment is under the complete responsibility of the Consumer; in the event of damage to the Product during transport, the Consumer shall be notified, who must provide at his own expense for the withdrawal of the same within and not later than 30 (thirty) days. After this term, the Product shall be disposed of.
9.6 Please send the products exclusively to our logistics service with the following indication: Hombre Strada Corletto Sud, 320 41126, Modena (MO).
9.7 For any information please contact the landline number 059 510660 or by email at info@hombre.it, the customer service will arrange the collection of the returned goods if requested by the customer. Also in this case the shipping costs for the returned Products will be charged to the Customer.
9.8 Pursuant to art. 55 of the Consumer Code, the right to withdraw is excluded in the event that the sale concerns Products made to measure or customized or which by their nature cannot be returned or risk deteriorating or altering rapidly (e.g. foodstuffs, cosmetics, flowers, etc.).
10. Guarantees and non-conformity of the Products
10.1 The Products offered on the Site comply with the national and community legislation in force in Italy.
10.2 The description of the Products offered on the Website is that which the suppliers, under their exclusive responsibility, have communicated to Hombre. The images and colours of the products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used to display them. Hombre shall not be liable for any mismatch between the Product ordered and the product description on the Website, in the event that the mismatch results from errors in the description attributable to the supplier and of which Hombre was not and could not have been aware through the use of normal diligence.
10.3 All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for in Articles 128-135 of the Consumer Code (“Legal Guarantee”). The Legal Warranty is reserved to Consumers.
10.4 In the event of a lack of conformity of the Products purchased with respect to the description published on the Site, the Client has the right to have the Product repaired or replaced, at no additional cost, where this is possible in relation to the number of copies still available for sale and unless the replacement or repair is excessively onerous for the Seller in view of the value that the goods would have if there were no lack of conformity and the extent of such lack. Alternatively, the Customer is entitled to rescission of the contract or reduction of the price in accordance with the following provisions.
10.5 The Seller is liable to the consumer for any lack of conformity that exists at the time of delivery of the product and that becomes apparent within two years of such delivery. The lack of conformity must be reported to the Vendor, under penalty of forfeiture of the warranty, within two months of the date on which it was discovered.
10.6 Unless there is proof to the contrary, any lack of conformity that becomes apparent within six months of delivery of the product is presumed to have already existed on that date, unless such a presumption is incompatible with the nature of the product or the nature of the lack of conformity. In order to benefit from the Legal Warranty, the Customer must therefore provide proof of the date of purchase and delivery of the goods.
10.7 If the contract is terminated, Hombre shall refund the price paid by the Customer, plus shipping costs and any additional costs. In the event of a price reduction, Hombre shall refund the amount of the reduction agreed in advance with the Customer. In any case, the amount of the refund shall be notified to the user by e-mail and credited to the means of payment used by the user for the purchase. The Customer shall agree with Hombre’s Customer Service how the goods are to be shipped.
10.8 Products repaired, modified or in any way altered by the Customer are excluded from the Legal Guarantee. Also excluded from the scope of application of the Legal Guarantee are any failures or malfunctions or defects of any other kind caused by accidental events or by the Customer’s responsibility, or by use of the Product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the Product, if any, or the instructions for use relating to the same. The guarantee is personal and shall therefore apply only to the original purchaser.
10.9 Hombre shall not be liable, either to third parties or to the Customer, for any damage to or loss of what it sells due to manufacturing defects. Under the terms of the guarantee, these liabilities are the sole responsibility of the manufacturer.
10.10 Conventional warranties relating to the Products sold are those provided directly by the manufacturer.
11. Obligations and responsibilities of Hombre
11.1 Hombre undertakes to correct all errors in the description of the Products offered on the Site as soon as possible after they have been reported. Such errors may be reported by contacting Hombre’s Customer Service at the addresses indicated in the introduction.
11.2 Hombre shall not be liable in the event of damage of any kind resulting from the use of the Product in an improper manner and/or not in accordance with the manufacturer’s instructions, or in the event of damage resulting from unforeseeable circumstances or major force.
11.3 Hombre shall not be liable in the event of loss of revenue, profit, data or any other indirect damage of any kind arising from or in any way connected with contracts subject to the General Terms and Conditions.
11.4 Hombre’s liability, in any case, shall not exceed the total value of the purchase order.
11.5 Under no circumstances shall Hombre be liable for non-fulfilment of any of its obligations arising from contracts subject to the General Conditions if the non-fulfilment is caused by accident and/or major force, including but not limited to natural disasters, terrorist acts, network malfunctions and/or blackouts.
12. Obligations and responsibilities of the Customer
12.1 The Customer undertakes, once the “online” purchase procedure has been completed, to print and keep these General Conditions, which, moreover, he/she will have already read and accepted before purchasing, as well as the specifications of the product in question.
12.2 It is forbidden for the Customer to enter false and/or fictitious data or data belonging to third parties in the registration procedure required to activate the process for the execution of this contract and the relative further communications; the personal data and e-mail address must be exclusively his own real personal data and not that of third parties, or fictitious. It is expressly prohibited to make multiple registrations corresponding to the same person or to enter the data of third parties.
12.3 Hombre reserves the right to take legal action against all violations and abuses in the interests and for the protection of consumers. By completing the registration form in the registration procedure, the Customer authorizes Hombre to initiate the process of executing this contract and any further communication to him. The Customer also authorizes Hombre to communicate non-sensitive personal data (residence, telephone number) to the trusted couriers and/or forwarding agents used for delivery of the purchased goods in order to allow the necessary procedures for their delivery.
13. Suspension of the Service
Hombre reserves the right to temporarily suspend, without prior notice, the provision of the Services for the time strictly necessary for the technical work necessary and/or appropriate to improve the quality of the Services themselves. Hombre may, at any time, interrupt the provision of the Service if there are justified reasons for security or breaches of confidentiality, in which case it shall notify the Customer.
14. Site content and intellectual property
14. 1 The contents of Hombre, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including menus, web pages, graphics colours, patterns, tools, fonts and website design, diagrams, layout, methods, processes, functions and software, are protected by copyright and all other intellectual property rights of Hombre and other right holders. Reproducing, modifying, duplicating, copying, distributing, selling or otherwise exploiting the images and content of the Site is prohibited without prior written permission from Hombre. Any use of the contents of the Website for commercial and/or advertising purposes is also prohibited.
14.2 All other distinctive signs that distinguish the products sold on the Site are registered trademarks of their respective owners and are used by Hombre under licence, for the sole purpose of distinguishing, describing and advertising the Products for sale on the Site. Any unauthorized and unlawful use of the distinctive signs mentioned above is prohibited. In no way is it permitted to use any of the distinctive signs present on the Site to take undue advantage of their distinctive character or reputation or in such a way as to prejudice them and their owners.
14.3 Under no circumstances may the Customer alter, change, modify or adapt the Site or the material made available by Hombre.
15. Gift vouchers and discount vouchers
15.1 Hombre offers registered Customers the opportunity, at its sole discretion, to receive gift vouchers and/or discount vouchers (hereinafter referred to as “Vouchers” or “Voucher”). Vouchers may be granted, by way of example, upon registration of a friend invited by the Customer.
15.2 The validity and value of the Vouchers are specified when the Vouchers are issued. In the case of Vouchers offered by Hombre in connection with a specific offer, these Vouchers may not be used for other offers.
15.3 Vouchers are not transferable or assignable. Vouchers are not redeemable for cash and do not accrue interest.
15.4 Vouchers cannot be used to pay for shipping costs.
15.5 Vouchers cannot be used to purchase Giftcards.
15.6 Hombre reserves the right not to accept Vouchers for orders below a minimum amount specified when issuing the Vouchers.
15.7 In the event that the amount of the Vouchers exceeds the amount of the purchase, Hombre shall not refund or credit the remaining amount to the Customer.
15.8 In the event that the Customer’s order exceeds the value of the Vouchers, the difference in amount may be settled by the Customer using the normal means of payment set out in section 7 above.
15.9 Hombre reserves the right to accept only one Voucher per order.
15.10 Vouchers shall not be refundable in the event of returns.
15.11 Hombre reserves the right to revoke Vouchers in the event of fraudulent activity by the Customer. This includes, but is not limited to, making false invitations, violating Hombre’s Terms and Conditions.
15.12 Hombre reserves the right to change the terms and conditions of the Vouchers at any time and without prior notice such as, but not limited to, usage possibilities, expiry dates.
16. Privacy
All information relating to the processing of personal data can be obtained by consulting the Privacy Policy on the Site.
17. Information contained on the Site
Any information or news provided on this Site is presented purely for general and indicative purposes and with the sole purpose of information to guide a correct choice in the purchase of products.
18. Final provisions, applicable law and competent court
These General Terms and Conditions of Sale are concluded in Italy and governed by Italian law. The judge of the place of residence or domicile of the Consumer, if located in Italy, shall have exclusive jurisdiction over any dispute relating to the validity, interpretation or execution of these General Conditions and the purchase orders of the Products.