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.