Term of Use
The present General Terms and Conditions of Sale (hereafter “General Conditions of Sale”) govern the purchase of products (hereafter, “Products”) carried out by means of a remote online system through the website www.halmosculpture.com (hereafter, Website) owned by Yachting and car ideas sas , with registered offices in Via Baracca 15, 48121 Ravenna, (Italy). Every purchase transaction will be possible, following registration to the website or otherwise by the website visitor (hereafter referred to as User). Thus, by registering on the website or with the simple purchase transaction and in fact with the simple submission of the purchase order, Users agree to be bound by the present general conditions and authorise the processing of their personal data. To register on the Website or to undertake any purchase transactions, Users should be over 18 years old and fill out all the required fields on the registration form.
1.1 Unofficial translations are available in English: however, the Contract is governed by Italian Law and has been drawn out in Italian. If there are any differences between the two texts, the Italian version shall prevail.
2. Subject of the Contract
2.1 Acceptance of the General Conditions of Sale
The User, by submitting a purchase order online, unconditionally accepts the present General Conditions and the specific conditions, and also undertakes to fulfil all obligations stated therein.
By registering on or using the Website, the User undertakes to abide by the General Conditions of Sale and the Privacy Regulations, to provide true personal data and to protect the chosen login credentials.
The user undertakes not to provide false personal information or to create an Account in the name of someone else without their written authorisation, to not create more than one account, to not share one’s login credentials and to keep them secret, to not allow others to access one’s Account or to carry out any other actions that may undermine the security of one’s Account. In case of breach of these obligations, the User will bear all related responsibilities (even for third parties) and will release Yachting and car ideas sas from any liability that could arise as a result.
If the User completes the registration procedure, Yachting and car ideas sas will send a confirmation e-mail listing the account details to the address provided by the User.
3. Changes to the Contract
Yachting and car ideas sas reserves the right to change the contents of the Website and/or the General Conditions of Sale at any time, with no advance notice and without sending individual notification of the changes to the Users, but will only publish a statement highlighting the changes on the Website homepage for a minimum of thirty days. The changes and/or variations will take effect and be applicable after thirty days from the date of publishing the statement on the Website.
3.1 If a User, who has created an account by registering on the site, does not want to accept the changes, the User’s account must be deleted using the procedures described below: if an account is not deleted, this will automatically imply the acceptance of the General Conditions of Sale as they have been modified and/or varied. The only right that Users can exercise if they do not intend to accept the aforementioned changes and/or variations is thus represented exclusively by the option to delete their account.
3.2 Account deletion
Users are free to delete their account at any time by using the “Delete my Account” option that can be accessed through Website settings. When Users delete their Account, the Contract will cease to have effect, save for any purchase orders still being processed and for the clauses that for their nature are destined to subsist after the termination of the agreement (purely by way of example and not limited to the clause related to the governing law and that related to the jurisdiction). Once the Account has been deleted, the Account will no longer be available and the User will lose all related information.
4. Purchase procedure
The Website www.halmosculpture.com is an Internet website for the sale of sportswear and accessories products. The User/Buyer can only purchase products that are listed in the Yachting and car ideas sas online catalogue at the time of submitting the purchase order. The products can be viewed online at www.halmosculpture.com as described in the specific product fact sheets. Purchase orders can be submitted online.
4.1 It is understood that pictures illustrating a product description may not be wholly representative of its characteristics but may differ in colour, size or accessories present in the picture. All information given to help in the purchase must be considered as simple general information that does not refer to the real features of the single product. A Buyer purchases a Product, available as depicted and described online in the related description and technical product fact sheets, at the price therein stated, to be confirmed at the time of submitting the purchase order (including the specific Conditions and the purchase form duly filled in), as well as the shipping costs as therein specified and in any case stated during the purchase procedure.
4.2 Before order confirmation, the Buyer will be presented with a summary of the unit cost for every product, the total cost if more than one product is purchased and the related shipping costs. On confirming the purchase and to complete the transaction, the Buyer will receive an e-mail message to confirm proper receipt of the purchase order, which will include the purchase order Date and Total Amount due. The purchase Contract entered into by Yachting and car ideas sas and the Buyer is understood to have been concluded with the acceptance of the purchase order by Yachting and car ideas sas by means of the above-mentioned e-mail message. Said confirmation message will contain an “Order Number” that must be used in all further communications with Yachting and car ideas sas. The message will list all the data entered by the Buyer, who undertakes to verify its accuracy and to notify any corrections promptly (and in any case before the deadline of 24 hours after the order confirmation has been sent by Yachting and car ideas sas), in the manner described in the same message.
5. Limitation of Liability
The Buyer is not entitled to claim damages and/or compensation and/or any other sum, nor any liability, arising in contract or tort, for direct or indirect damages to individuals and/or goods, incurred by the failed acceptance, even partial, of a purchase order and/or by incorrect data specified in the purchase order and/or in the confirmation message sent by Yachting and car ideas sas (and not promptly corrected by the User/Buyer).
The User acknowledges that the Website and all contents and information it contains are supplied to the User “as is” and that the Website is accessible by means of third-party services (internet service provider, connectivity providers, hosting providers, etc.). Yachting and car ideas sas does not guarantee that the Website and the services provided by the Website are uninterrupted and/or error-free, nor that the Website is reliable, safe and/or of satisfying quality and/or virus-free and/or free from any other malware, nor that the Website is always accessible. Particularly, the User acknowledges that error-free software does not exist and accepts that the service providers may interrupt the services supplied.
Therefore, save wilful misconduct or gross negligence and in other cases that are expressly provided for by mandatory regulations by law, Yachting and car ideas sas will not be liable for any damages sustained by the User, even if indirect and unforeseeable, for any loss of data, income, activity or profits sustained by the User, for any damage compensation claimed by the User because of the unavailability of the Website, or because of the unavailability of the services that Yachting and car ideas sas uses to keep the Website online. In all these cases, and always within the maximum limits provided for by current regulations, Yachting and car ideas sas will not be liable to the User for amounts exceeding that paid by the User to Yachting and car ideas sas for the purchase and in any case for a maximum amount of 100.00 Euros (one hundred/00).
6. Yachting and car ideas sas Intellectual Property Rights
The trademarks, the logos, the Products and any other related copyright or protected industrial rights (even if they have not been registered and/or patented and/or submitted to the relevant offices), as well as the Website content uploaded by Yachting and car ideas sas including, but not limited to, written text, images, graphics, icons, photos and videos are the exclusive property of Yachting and car ideas sas. All said goods, mentioned above merely by way of example, may not be reproduced, either directly or indirectly, used or represented without the prior authorisation of Yachting and car ideas sas and/or the lawful owner.
The User agrees to indemnify Yachting and car ideas sas against any pecuniary or non-material damages, even when unforeseeable, arising from the breach of related proprietary industrial and/or intellectual and/or any other rights (both as to fact and law) and agrees to indemnify and hold Yachting and car ideas sas harmless against any and all damages, including legal and technical fees arising from the breach of these rights by the User and/or third parties due to the behaviour of the User.
7. Terms of Payment
Payment for the purchased products and the related shipping costs must be carried out by the Buyer upon placing the order by means of one of the credit cards supported by the Website and specified online, or by means of a bank transfer whose proof of payment of the amount due must be sent upon placing an order.
7.1 Payment with credit cards or prepaid credit cards
All major credit cards and prepaid credit cards belonging to the American Express, VISA, Maestro and Mastercard networks are accepted through Paypal.
Transactions take place online through secure encrypted systems according to a SSL (Secure Socket Layer) system and no credit card information is held by Yachting and car ideas sas at any time.
7.2 Payment with a PayPal account
Major credit cards as well as payment with a PayPal Account are accepted through the PayPal system.
Transactions take place online through the secure PayPal system and no credit card information is held by Yachting and car ideas sas at any time. The information related to the purchase order is encrypted and sent, using a SSL (Secure Socket Layer) system, directly to PayPal servers that guarantee the safety of data transmission according to current regulations.
7.3 Payment with bank transfer
Payment can be carried out with an advance bank transfer: a copy of the receipt of payment must be sent via fax to +039 0544 537053, or in PDF format to the e-mail address firstname.lastname@example.org, as specified in the purchase order statement (e-mail confirming your order). We are not able to process your order, and thus deliver the Product you have purchased, until payment has been fully and definitely collected through our banking system.
All products may be subject to both technical and functional improvements, variations and changes at any time and without prior notice, without altering their basic aesthetic and technical characteristics. The User/Buyer may not raise any objections whatsoever concerning said variations.
9. Product delivery
The purchased Products will be delivered, prior to payment of the amount due (including product price and shipping costs), to the address specified by the Buyer. Products will be delivered on working days. Products may be delivered in more than one batch without this incurring any liability to Yachting and car ideas sas. Before accepting the product, the Buyer shall undertake to check that the package is intact and not damaged, nor wet, and rejecting the package upon delivery if any damages are detected, or risk the loss of rights.
Invoices will be issued by Yachting and car ideas sas , the owner of the Halmo. brand. The invoice may be sent to the Buyer in electronic format. In this case, the Buyer shall undertake to print a copy of the invoice and retain it for any tax inspections.
11. Warranty and faulty products
Subject to that stated in the clause 9 above, the statutory warranty (regulations of the Italian Civil Code governing contracts of sale and/or Legislative Decree n. 185/1999, if the User/Buyer is also a Consumer) will be applicable to products that have inherent defects and/or faults that cannot be verified at the time of purchase, provided that the product is used correctly and with due care, that is to say respecting its intended use and the provisions of any manual, in compliance with the operating instructions therein.
11.1 Any warranty will be excluded in case a damaged package is accepted and/or in the case of negligence, misuse or careless maintenance of the Product, of the connection of the Product to mains and/or of any other type of non-standard connection. Warranty is personal and is thus only applicable to the original Buyer, it being reserved exclusively to the User/Buyer (final customer), who is the only individual who may use the purchased product for personal use.
11.2 Any Product vice and/or defect and/or fault must be notified in writing (by mail to the addresses specified in the present general conditions) within 10 days from receipt and in the following manner, at risk of the loss of rights. The written notification must state the date and number of the purchase order and of the order confirmation, a brief description of the defect and a description of where and how the product was used. A copy of this notification must be attached to the faulty Product when it is returned. To obtain a replacement, even if the product is faulty, it must be returned in its undamaged and original package and with all accessories and any manuals received by the Buyer at the time of purchase, as well as with a copy of the notification stating the aforementioned details.
11.3 If a Product is returned without its above-mentioned original package, accessories or manuals, this will result in the loss of any right to any warranty and to any replacement of the product itself, in which case the cost of returns to the sender will be at Buyer’s expense. Returns should be sent to the following address: Yachting and car ideas sas , Via Baracca 15, 48121 Ravenna, Ravenna (Italy). Yachting and car ideas sas reserves the right to verify the existence of claimed faults and defects and to proceed with replacing the product only after said checks have been carried out.
12. Right of cancellation (applicable only if the Buyer is a Consumer)
Purchases carried out through the www.halmosculpture.com website by a Buyer that is a Consumer are governed by Italian Law on distance selling. The buyer (only if a Consumer) can withdraw from the Contract of sale within 10 days from the date of product delivery, notifying Yachting and car ideas sas in writing by sending a registered letter with recorded delivery or by sending a telegram or fax within 10 days from delivery and followed by a confirmation in writing via a registered letter with recorded delivery to be sent PEREMPTORILY within the next 48 hours, returning at the same time and in the same manner the Product, including all its accessories, in its unopened and intact package. Cancellation rights are subject to the following conditions: a) the right to cancellation is applied on the purchased Product in its entirety and on the package that must be unopened; b) the purchased Product must be intact and returned in its original packaging, complete with all its parts (including packaging material and any manuals or accessories): to avoid any damage to the original packaging, the Buyer must insert it in a second box or otherwise be held liable for any damages incurred.
12.1 The responsibility and risk of return shipping is borne by the Buyer up until its confirmed delivery at Yachting and car ideas sas registered offices; in case the goods are damaged during shipping, Yachting and car ideas sas will notify the Buyer (within 5 working days from receipt of the goods at its warehouses), to allow the Buyer to promptly file a complaint against the carrier of his choice and to obtain a refund of the value of the goods (if insured). In this case, the Product may be returned to the Buyer and the exercise of cancellation rights will not produce further effects. Yachting and car ideas sas is not in any way liable for damage or theft/loss of the goods returned with non-insured shipping methods.
12.2 Upon arrival in the warehouse, the Product will be checked for any damage or tampering, even that not incurred during transport. If the original packaging and/or box are damaged, Yachting and car ideas sas will deduct a maximum of 10% from the refund due, as a fee for repair costs. Save for any repair costs for established damage to the original packaging material.
12.3 Yachting and car ideas sas will thus accept the returned Product, subject to the condition that it is delivered to the place and within the specified terms (stated respectively in the clauses 11.3 and 12 above) and in perfect conditions. Yachting and car ideas sas will refund the Buyer of the amount paid and collected (excluding handling and shipping costs), in the shortest time possible and in any case within 30 days from the cancellation request, by means of a refund procedure of the amount charged on the Credit Card or by means of a Bank Transfer. In the last case, the Buyer should make sure to provide his banking details to be used for the refund procedure (Current Account ABI and CAB banking codes of person to whom the invoice is drawn out to) promptly: banking fees will be at Buyer’s expense.
12.4 Thus, cancellation rights will cease in case the terms specified in clause 12 above are not respected, in case the Product and/or its original packaging is not intact on return (and thus in the cases where Yachting and car ideas sas establishes that damage to the Product and/or packaging was incurred subsequently to the delivery of the Product to the Buyer). In these cases, Yachting and car ideas sas will return the goods purchased to the sender, charging the shipping costs to the sender.
13. Information and complaints
For any further information or complaint, Yachting and car ideas sas can be contacted by phone at +039 393.1911984 or by email at the address email@example.com , stating in the subject of the message the terms “Information” or “Complaint”.
14. Governing Law, Competent Jurisdiction and Court
The present Contract, as well as every purchase, will be governed by Italian Law. Any dispute related to the validity, effect, interpretation and/or execution of said Contract shall be subject to Italian jurisdiction and exclusive territorial competence lies with the Court of the Buyer’s residence or chosen address, only if a Consumer, if said residence is within national borders, or with the Court where Yachting and car ideas sas has its registered offices (Ravenna) in the case of a Buyer non Consumer and/or of a Buyer who does not reside in Italy.
Pursuant to Legislative Decree n. 196 dated 30 June 2003 “Code on the subject of the protection of personal data”, the processing of provided personal data will be inspired by the principles of fairness, lawfulness and transparency, protecting their privacy and rights. The use of said data, provided freely to Yachting and car ideas sas when submitting a purchase order through an order form present on this Website, has the purpose of providing additional services, supplied by means of the website, to the Users of said Website and consequently to the Buyer.
The Data controller is Yachting and car ideas sas , with registered offices in Via Baracca 15, 48121 Ravenna, (Italy).
Personal data are processed in a strictly confidential way by Yachting and car ideas sas, VISA, Maestro, Mastercard and PayPal by means of manual, electronic and online systems.
Users have the right to access their data and to request to the data controllers they be corrected, updated, deleted or blocked, pursuant to art. 13 of the Legislative Decree n. 196 dated 30 June 2003 “Code on the subject of the protection of personal data”.
Pursuant to art. 13 of Legislative Decree n. 196 dated 30 June 2003 “Code on the subject of the protection of personal data”, personal data collected will be used only if it is necessary to contact the User concerning the order confirmation and for the purpose of concluding the Contract. Personal data will not be disclosed to any other party. Providing personal data is optional. Failure to provide any of the details highlighted with an asterisk could prevent the registration and confirmation of the submitted order and thus prevent the Contract of sale from being concluded and processed by Yachting and car ideas sas. Data is processed electronically and accessed by Yachting and car ideas sas employees that have been authorised to process the data for this purpose.
Pursuant to and in accordance with articles 1341 and 1342 of the Italian Civil Code, the User, after having carefully and personally reread them, expressly accepts, henceforth dismissing every objection or dispute, the following clauses: 3 (changes to the wording of the contract); 3.1 (limitations to the right to raise objections); 4.1 (liability limitations); 4.2 (loss of rights); 5 (liability waiver/limitations); 8.1 (limitations to the right to raise objections); 9 (limitations to the right to raise objections and loss of rights); 11.1 (liability waiver); 11.2 (loss of rights); 11.3 (exclusion from warranty); 12-12.1. 12.2, 12.3 (limitations to the cancellation rights and related effects); 14 (exclusive jurisdiction).