Terms and conditions

TERMS AND CONDITIONS

GENERAL CONDITIONS OF ONLINE SALES

Background

These terms and conditions apply to purchases made through the website www.hm4x4.com by Consumers and/or Professional Buyers, defined and identified as follows.

Depending on the buyer-consumer or professional buyer-who finalizes the contract, different rules and regulations will apply, as further specified below.

General Provisions

(Provider Identification)

The conditions set forth below are effective exclusively between the company "Facto s.r.l." with its registered office in Palermo registered with the Chamber of Commerce at REA no. PA-426739 of the Register of Companies, VAT registration number 06946260822 (hereinafter referred to as "Seller") and any person (physical) (hereinafter referred to as "Customer") who makes online purchases on the website www.hm4x4.com, in accordance with the provisions of the Consumer Code, as set forth in Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014 and Legislative Decree No. 70/2003, regarding electronic commerce.

These conditions may be subject to change, and the date they are posted on the site is equivalent to the effective date.

Art. 1

Definitions

1. The Seller is Facto srl with registered office in Palermo registered with the Chamber of Commerce at the REA no. PA-426739 of the Register of Companies, VAT registration number 06946260822, which acts in the exercise of its entrepreneurial and commercial activity and promotes the sale of its products through the mechanism of distance contracts, through the platform www.hm4x4.com in accordance with these General Conditions of Sale On Line;

1.1. Professional Buyer is the freelancer or legal person who, by means of an appointed and authorized natural person (legal representative, employee, collaborator) interacts with the e-commerce platform and concludes an online sales contract, in the exercise of his entrepreneurial and commercial activity;

1.2. Consumer is the natural person acting for personal and non-professional purposes, unrelated to any entrepreneurial, commercial, craft or professional activity carried out, as defined under Article 3, paragraph 1, letter a), of Legislative Decree No. 206 of September 6, 2005 (Consumer Code): "consumer or user: the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out."

1.3. User means the visitor to the platform who interacts with the functions of the site: the notion includes both the Consumer and the Professional Buyer;

1.4. Consumer Code means Legislative Decree No. 206 of September 6, 2005 (Consumer Code), as amended and supplemented;

1.5. The Contract or Contract of Sale is the contract of sale and purchase having as object the movable goods on the e-commerce portal that is concluded between the Seller and the professional Buyer and/or the Consumer, within the framework of a system of sale through telematic means, organized by the Seller;

1.6. Parties means the Seller and the Consumer or the Seller and the Professional Buyer;

1.7. Portal or Platform or Website means the website www.hm4x4.com, operated by the Seller, through which the online purchase contract is finalized.

Art. 2
Subject of the contract

2.1. The products that can be purchased are included in the site divided by category: the User can search by selecting the various buttons in the menu positioned at the top, corresponding to the various categories: selecting a category the User will be able to view the various items in the chosen category;

2.2. For each item entered in the Portal there is a product sheet that contains: product title, representative images, a technical data sheet, if any, and a description of the main characteristics of the product. These indications will then be summarized when the User, by clicking on the "shopping cart" icon, displays the "cart contents" and the products inserted therein: by clicking on each individual product, the User will be able to access again the complete product sheet of the item itself before making any purchase. Improvements made to the various items during production may not even appear, since by definition they are all-round benefits that do not require continuous updating of the item's descriptive text or image;

2.3. The User is aware that all the information provided on the Portal and in particular the images in the product sheet are of a general nature and are made available for information purposes only, to allow the identification of the item: any images or colors of the products offered for sale may have different effects in the actual vision of the good. Such possible dissonances may be related to the effects of the Internet browser, the monitor used or the settings of the monitor itself (brightness, contrast, quality and type of printer in use etc. etc.);

Art. 3
Arrangements for entering into the contract

4.

The purchase contract is concluded by the exact completion of the request form and the consent to the purchase manifested through the adhesion sent online or by the completion of the form/form online at https://www.hm4x4.com/it/order/checkout and the subsequent sending of the form itself, always after the display of a web page summarizing the order in which the details of the ordering party and the order, the price of the good purchased, the shipping costs and any additional charges, the terms and conditions of payment, and the address where the good will be delivered are indicated.

4.1. At the time when the Seller receives the order from the User, it shall provide for sending a confirmation e- mail or displaying a web page confirming and summarizing the order, in which the data recalled in the preceding paragraph are also shown.

4.2. The contract shall not be deemed to be perfected and effective between the parties in default of the provisions of the preceding paragraph.

4.3. The Seller strives to describe and present the items sold on the site in the best way possible. Nevertheless, some errors, inaccuracies or minor differences between the site and the actual product may become apparent. Furthermore, photographs of the products presented on www.hm4x4.com do not constitute a contractual element, as they are only representative.

Art. 5

- Cash on delivery, with payment by cash to be made to the courier delivering the product. Under no circumstances will Seller accept cash on delivery payments by bank check. The user will be obliged to pay the amounts in cash on delivery, if he refuses the package he will be charged all shipping costs (including return to sender) and the cost of cash on delivery.

- Bank transfer in advance by the User. Choosing this type of payment, the actual preparation of the goods will take place only after receipt of bank accounts indicating the crediting of the amount to our account (usually 2/3 working days);

- Paypal, the vneditore will be obliged to ship the goods only to the address given in the order by the user, under no circumstances can be changed.

5.1. Any reimbursement to the User will be credited by one of the methods proposed by the Seller and chosen by the User, in a timely manner and, in the case of the exercise of the right of withdrawal, as governed by Article 13, of this contract, at the latest within 30 days from the date on which the Seller became aware of the withdrawal.

5.2. All payment-related communications take place on a dedicated line protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in deference to the provisions of current data protection regulations.

Art. 6
Time and mode of delivery

6.1. Shipping time may vary from the day after the order is placed to a maximum of 30 business days after the order is confirmed. In the event that the Seller is unable to ship within said time frame, timely notice will be given to the User.

Orders will be fulfilled within the limit of the stock in the warehouse; should not all products be available, the Seller reserves the right, if it considers it tolerable for the customer, to make a partial delivery and the simultaneous issuance of a discount voucher that the user can use and/or the refund of the unavailable goods. In the event that, due to supply problems beyond its control, it fails to ship the ordered product, it reserves the right to terminate the contract. In this case, the Seller will immediately inform the customer by offering a product with similar characteristics. If a replacement product cannot be found or the customer refuses delivery of the proposed item, the Seller will issue a refund of all services already paid by the User.

6.2. Shipping methods and times are clearly stated and clearly marked at https://www.hm4x4.com/it/spedizioni-recessi.

Art. 7 Prices

7.1. The sale prices, referred to in the preceding paragraph, are inclusive of VAT and any other taxes. Shipping costs and any ancillary charges, if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure prior to the submission of the order by the User and also contained in the summary web page of the order placed.

7.2. The User accepts the Seller's right to change its prices at any time, however, the goods will be invoiced based on the prices indicated on the site at the time the order is created and stated in the confirmation email sent to the User.

In the event of computer, manual, technical, or any other error that may result in a substantial change, not foreseen by the Seller, in the sale price to the public, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the User will be refunded within 14 days from the day of cancellation.

Art. 8
Product availability

8.1. If an order exceeds the existing quantity in the warehouse, the Seller will, by e-mail or telephone number, let the User know whether the good is no longer bookable or what the waiting time is to obtain the chosen good, asking whether or not he/she wishes to confirm the order.

8.2. The Seller's computer system shall confirm in the shortest possible time that the order has been registered by forwarding an e-mail confirmation to the User in accordance with Section 4.1.

8.3 The availability of each product is only as an indication, it is not contractual and no responsibility can be attributed to the Seller in case of unavailability of the same.

If the Customer has purchased a product that is no longer available, he will receive appropriate notice and can decide whether to keep the order or cancel it. In case of cancellation he will receive the relevant credit note and refund without losing anything.

Art. 9
Limitations of liability

9.1. The Seller shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its own control or that of its subcontractors.

9.2. The Seller shall also not be liable with respect to damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him, the User being entitled only to a refund of the price paid.

9.3. The Seller assumes no liability for any fraudulent and unlawful use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence.

9.4. In no event shall the User be held liable for any delay or mishap in payment if the User proves that he/she has made payment in the time and manner specified by the Seller.

Art. 10

Discharge of responsibility

10.1. The customer releases the Seller from any civil/penal liability arising from the use of non-approved products purchased herein, at the same time stating that he/she will make the vehicle equipped with said products for use only in competitive/sports competitions or for use on a closed circuit not open to the public.

Seller's liability to professional Buyer and limitations

10.2. The Professional Buyer agrees to pay the price of the purchased products in the manner and under the terms better described above;

10.3. With reference to purchases perfected through this website by the professional Buyer, the warranty provided by the Seller is only that relating to Business2Business purchases and follows the applicable general rules (art. 1490 et seq. c.c.) and, in particular, operates only in the event that the product is used in compliance with the uses for which it is intended;

10.4 Eight days after receipt of the goods by the Professional Buyer, no complaints shall be accepted on the goods ordered and delivered. Complaints may be sent to the following addresses: 0917862244, info@hm4x4.com.

10.5. Returns will not be accepted unless authorized and accepted in advance by the Seller, e.g. in case of defective product (the presence of the defect must be asserted within 8 days of discovery). In case of defective product, the Seller will issue a credit note in return of the price paid or will replace the product.

Art. 11
Guarantees and service arrangements

1. The Seller shall be liable for any lack of conformity that becomes apparent within a period of 2 years after delivery of the goods. The warranty applies only to the product that has a conformity defect as long as it has been properly assembled and used in accordance with its intended use.

2. All products on the site are covered by the Manufacturer's minimum legal warranty, any improved conditions are indicated in the description of the same good.

The seller cannot be held responsible for the performance of the warranty provided by the Manufacturer; nevertheless, it will strive, by facilitating contacts with the manufacturing and distributing companies, for the maximum satisfaction of its customer.

The warranty does not in any case include technical intervention at the Customer's home, does not include and does not cover any labor costs for installation and/or disassembly of goods replaced under warranty, does not include and does not cover any damage caused by the product.

The warranty does not operate in the event that the good is not in the same condition in which it was received by the Customer and/or in all those cases in which the Customer has tampered with, disassembled, or in any way manipulated the good in a way that differs from its ordinary use in order to establish its operation.

In order to take advantage of the warranty, the good must be sent, by the methods below, to the headquarters of the Company, which will ascertain the state of malfunction of the good; the latter will be repaired and restored to its original and correct functionality and then sent back to the Customer. Only if the repair is uneconomic, at the sole discretion of the Company, the good will be fully replaced.

The warranty covers manufacturing defects ascertained by the Manufacturer; no replacement or repair of the product will be made in cases of assembly errors, modifications or improper use of the good. It is specified that by "modifications" is meant any change in the appearance and/or functionality of the good from the original ones, as sent by the Company; it is also specified that by "assembly errors" is meant the incorrect installation of the product, and in general, all the ways of applying the good on the vehicle itself different from those indicated inside the package or otherwise different from those of use.

It is also specified that the warranty does not operate in the event that the malfunctioning of the goods results from lack/poor maintenance, negligence in the use of the product and use contrary to the Manufacturer's instructions; damage from impact and/or traffic accident, failures caused by unauthorized service or use of unauthorized spare parts; problems due to normal wear and tear. Also excluded from the warranty are all goods in which the malfunction or failure is due to exceeding the structural limit.

The Company declares, and the customer accepts, that in the case of kits composed of several divisible pieces, should the defect in the good under warranty manifest itself only on one or some of the parts that make up the said kit, it is only the latter that will be replaced or repaired, well being able to ensure the functioning of the good with the replacement or repair of the individual elements.

To take advantage of warranty service, the Customer must keep and present the fiscal proof of purchase. He must also request from the supplier the appropriate form through which he will be authorized to return the product. This form must be filled out and attached to the product that will be sent to the Seller in the manner indicated in the same. Under no circumstances will freight collect returns be accepted.

Unauthorized returns will not be accepted.

11.1. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) they are fit for the use for which goods of the same type are customarily used; (b) they conform to the description made by the Seller and possess the qualities of the goods which the Seller has presented to the Customer as a sample or model; (c) they have the quality and performance usual for goods of the same type, which the Customer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, particularly in advertising or on labeling; (d) are also suitable for the particular use intended by the Consumer and which has been brought to the knowledge of the Seller by the Consumer at the time of the conclusion of the contract and which the Seller has also accepted by implication.

11.2. The Customer forfeits all rights if he/she does not report the lack of conformity to the Seller within the period of 2 months from the date on which the defect was discovered. Reporting is not necessary if the Seller has acknowledged the existence of the defect or concealed it.

11.3 In the event of a lack of conformity, the Customer may request, the repair or replacement of the purchased goods, a reduction in the purchase price, unless the request is objectively impossible to meet or is excessively burdensome for the Seller under Article 130, paragraph 4, of the Consumer Code.

If a defect is found, the Seller will restore or replace the product purchased by the customer. The cost of delivery of the product shall be borne by the customer.

If no defect is found, the Seller will provide by notifying the customer of the reasons. Shipping costs and any verification costs shall be borne by the customer.

Under no circumstances does the warranty include technical intervention at the Customer's home, does not cover labor costs for installation and/or disassembly of goods replaced under warranty, and does not include or cover any damage caused by the product.

11.4. The request shall be made in writing, by registered mail with return receipt, to the Supplier, who shall indicate his willingness to comply with the request, or the reasons preventing him from doing so, within 7 working days of receipt.

In the same communication, where the Seller has accepted the Customer's request, it shall indicate the method of shipment or return of the goods as well as the expected time limit for the return or replacement of the defective goods.

11.5 If repair and replacement are impossible or excessively burdensome, or the Seller has failed to repair or replace the goods within the period referred to in the preceding paragraph the Customer, may request, at its option, an appropriate price reduction or termination of the contract. In this case, the Customer must send his request to the Seller, who will indicate his willingness to carry it out, or the reasons preventing him from doing so, within 7 working days of receipt.

11.6. In the same communication, where the Supplier has accepted the Customer's request, it shall indicate the proposed price reduction. It will be the Customer's burden in such cases to indicate how the sums previously paid to the Vendor will be credited back.

Art. 12
Obligations of the Buyer

12.1. The Customer undertakes, once the online purchase procedure is completed, to provide for the printing and storage of the order. The Customer undertakes to print and store the invoice that will be sent telematically through the interchange system. No hard copies or by email will be sent.

12.2. The customer agrees to provide the Seller with all data necessary for the conclusion of the purchase and sale contract including telephone number and tax code for the issuance of the invoice.

12.3. The information contained in this contract is understood to be, already viewed and accepted by the Customer, who can view the appropriate section of the site "Terms and Conditions".

Art. 13
Right of withdrawal 3. In any case, the customer has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the period of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.

13.1. In the event that the professional has not fulfilled its obligations to provide information on the existence, manner and timing of the return or withdrawal of the goods in the event of the exercise of the right of withdrawal referred to in Article 52 of the Consumer Code, the deadline for the exercise of the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of receipt of the goods by the Consumer.

13.2. In the event the Customer decides to avail himself of the right of withdrawal, he must notify the Seller by e-mail to info@hm4x4.com, provided that such communications are confirmed by sending a registered letter with return receipt to the address Viale regione siciliana sud est 6350 90124 Palermo within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued shall be authentic between the Parties. The date of delivery to the post office or forwarding agent will be authentic between the Parties.

13.3. However, the return of the Goods shall be made no later than 30 (thirty) days from the date of receipt of the Goods.

The Customer shall have no right of withdrawal in the following cases:

-product used or already installed;

-absence of integral elements of the product or anomalies to the product itself;

-lack of original packaging;

-Custom goods or on demand;

-damage to the product.

The right of withdrawal may not occur for customized products chosen by the Customer, nor for products expressly ordered by the Customer and not in the catalog and in any other case provided for in Article 55 of the Consumer Code.

13.4. The only costs payable by the Customer for the exercise of the right of withdrawal under this Article shall be the direct costs of returning the goods to the Seller, unless the Seller agrees to bear them.

The Customer is responsible for the decrease in the value of the goods resulting from handling them differently from that necessary to establish their nature, characteristics and functioning, and therefore, in such a case,

the Seller, in returning the sums paid by the Customer, will assess the actual decrease in value of its goods and the cost, if any, of storing the goods.

The return of the goods takes place solely under the responsibility of the Customer. In case of loss or damage of the goods by the carrier chosen by the Customer, the supplier is not obliged to refund the price.

13.5. The Seller will refund the amount paid by the Customer within the period of 30 (thirty) days from the receipt of the notice of withdrawal.

13.6 Upon receipt of the notice by which the Customer communicates the exercise of the right of withdrawal, the Parties to this contract shall be released from their mutual obligations, subject to the provisions of the preceding paragraphs of this Article.

Art. 14
Causes of termination

4.

The obligations referred to in paragraph 12, assumed by the Customer, as well as the guarantee of the successful completion of the payment that the Customer makes by the means referred to in paragraph 5, and also the exact fulfillment of the obligations assumed by the Seller in paragraph 6, have an essential character, so that, by express agreement, the non-fulfillment of only one of these obligations, where not determined by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial pronouncement.

Art. 15
Protection of confidentiality and processing of Buyer's data

15. The Seller protects the privacy of its customers and guarantees that data processing complies with the provisions of EU Reg. 2016/679. The customer can view the privacy policy in the appropriate "privacy" section on the website at https://www.hm4x4.com/it/privacy

Art. 16
Method of filing the contract

7. Direct written communications to Seller and any complaints will be considered valid only where sent to the following address: Viale regione siciliana sud est 6350 90124 Palermo or sent by e-mail to the following address: info@hm4x4.com. The customer shall indicate on the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Seller to be sent.

18.1 If the Parties intend to take action before the ordinary judicial authorities, the competent court shall be that of the place of residence or elective domicile of the Consumer, which is mandatory under Article 33, paragraph 2, letter u) of Legislative Decree 206/2005.

Art. 19
Applicable law and referral

19.2. Pursuant to Article 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to herein.

Copyright and Intellectual Property

The contents of our Web Site and specifically, but not exclusively, the text, trademarks, logos, diagrams, photographs, videos, sounds, music, layouts, designs, know-how, technologies, products, and processes are the property of Facto srl, or are used with the permission of the owners, and accordingly are protected by copyrights, trademarks, patents, and all other existing intellectual or proprietary rights, in accordance with applicable laws.

Nothing contained on the site shall be construed or interpreted as granting any license or right to use any content on the site.

Use of Websites

You may download, view, or print the content of our website for your personal, non-commercial use only, thereby preserving and reproducing any and all notices about copyright or any other notices about proprietary rights contained in any downloaded information or material. Any other use, including the reproduction, modification, distribution, transmission, or dissemination of the content of the site, in whole or in part and in any manner, is strictly prohibited, except with the prior written consent of Facto s.r.l..

Facto s.r.l. does not warrant or represent that the use of any content posted on its Websites will not result in infringement of the rights of third parties.

Non-Confidential Information

Any personally identifiable data or information that you submit via the Internet to our Websites is protected and treated in accordance with applicable law in your country and our Privacy Policy.

Any other information or material transmitted to Facto s.r.l. via the Internet, by electronic mail or in any other way, including all data, questions, comments, suggestions, ideas, illustrations or similar materials, are and will be treated as non-confidential and non-proprietary documents. Any information transmitted or published shall become the property of Facto s.r.l. and may be used freely for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting. In particular, Facto s.r.l. shall be free to use any ideas, concepts, know-how, or techniques contained in such posted communications for any purpose whatsoever, including, without limitation, the development, manufacture, advertising, and marketing of products using such information. Any such use will be made without entitling the persons who provided the information, or any third party, to any compensation.

Through the submission of information, you assure us that you own the material/content you have submitted, that it is not defamatory, and that its use by Facto s.r.l. does not violate the rights of third parties. The use of the information provided does not imply any obligation on the part of Facto s.r.l..