1.1 – These general conditions of sale apply to all purchases of products (including, but not limited to, hardware and / or software products) or services that are sold, through the online sales websites https://www .hexar.it by: Hexar Srl, CF and VAT no. 02391840424, with registered office in VIA G.PERINI 6 60010 Pongelli (AN)registered in the Register of Companies of Ancona under no. IT06531110481. These conditions have been prepared in accordance with the regulatory provisions on electronic commerce (Legislative Decree 9 April 2003, n.70) as well as any other applicable law and / or regulation on the subject and subsequent amendments (for example, the Consumer Code – Legislative Decree 6 September 2005, n.206 and subsequent amendments).
1.2 – By placing a purchase order through https://www.hexar.it, after registering and authenticating on the site itself, the customer declares to have read and accepted and respected these conditions and undertakes to execute the contract, or the purchase and payment of products and / or services according to the rules expressed below which it recognizes as an integral and essential part of the sales contract. Upon receipt of the customer’s purchase order, we will send the customer an e-mail relating to the conclusion of the contract and containing all the information relating to the execution of the same or relating to the delivery of the goods and its payment, as well as better detailed in point 3. – Offer and acceptance – below.
- IDENTIFICATION OF THE CUSTOMER AND CONSEQUENT RESPONSIBILITIES
2.1 – In order to make a purchase on the e-commerce site https://www.hexar.it, the customer must register on the e-commerce portal Hexar Srl. When registering on the e-commerce site https://www.hexar.it, the customer undertakes to declare the truth and to provide the exact data as requested that allow the identification of the same, undertaking, in case of any and subsequent variations, to give written notice to Hexar Srl By sending the purchase order, the customer also declares to have the legal capacity necessary for the signing of a contract.
2.2 – Per effetto della registrazione sul sito di e-commerce, il cliente riceve un codice di identificazione “iscritto” (USER-ID) e una parola chiave (PASSWORD) scelta dal cliente stesso che gli consentiranno di accedere al sito e di acquistare i beni/servizi ivi venduti. Il cliente dichiara quindi di essere consapevole che tali dati, se resi disponibili a terzi, consentirebbero a questi ultimi di effettuare ordini di acquisto regolari e vincolanti per il cliente, con obbligo di ricevimento della merce acquistata e pagamento del prezzo dovuto. Il cliente è perciò obbligato a conservare sia il codice di identificazione sia la password con la massima diligenza, mantenendoli entrambi segreti per tutta la durata della iscrizione sul sito https://www.hexar.it . Per cancellare la propria iscrizione dal sito di e-commerce https://www.hexar.it , l’utente deve seguire la seguente procedura:
– Login using e-mail e Password in https://www.hexar.it
– Go to “Account” page
– Click on “Delete account”
– Confirm by typing your current password.
- OFFER AND ACCEPTANCE
3.1 – The customer must send the purchase order in writing, by filling out the online form on the e-commerce site https://www.hexar.it, simultaneously obligating himself to pay the relative price in the manner indicated; Once the order has been completed, a page will appear in which the customer will be asked to verify the information entered; once the correctness of the same has been verified or, if necessary, the necessary corrections have been made, the customer will be able to confirm the forwarding of your order.
3.2 – Before our acceptance, an automatic e-mail confirming the order may be generated. We invite the customer to consider that this automatic communication should not be construed as a formal acceptance of your order.
3.3 – The acceptance of the customer’s order will become effective, and the contract can be considered concluded, when the offer is accepted by Hexar Srl by written confirmation of the availability of the goods purchased with order fulfillment and / or beginning of the provision of the requested Services and acceptance of your credit card or other means of payment (“Acceptance”) chosen.
3.4 – The customer must ensure that he has printed a copy of all the aforementioned documents and the Conditions for his personal archive.
3.5 – In the case of the provision of Services, the customer acknowledges that we are not the suppliers of the Services marketed through the Site. These Services will be provided to you by our business partner (whose name and logo appears on the site), or by a third party supplier . The relationship with these subjects could be subject to further terms and conditions, which the same subjects will indicate to the customer, or ask the customer to accept before receiving the supply of the Service.
3.6 – Hexar Srl reserves the right to refuse the customer’s order (without any liability) if the ordered goods are not available or in any case in which Hexar Srl is unable to execute or execute the order itself that has become more onerous in the meantime for reasons beyond the control of Hexar Srl. In the event that the communication of non-availability of the product or other reasons of impossibility of execution of the order, are subsequent to the conclusion of the contract, the customer will be informed in writing and any amount paid in advance for the purchase will be returned in accordance with the provisions of these conditions of sale.
3.7 – The private customer enjoys a “cooling off period” during which he can cancel his order for any reason, without however having to incur the payment of any penalty. This period is: – for products up to 14 days after the delivery of the products; – for services up to 14 days after the date of acceptance by Hexar Srl of the order. The right of reconsideration does not apply with regard to products made to measure or customized according to the customer’s order. The notice of withdrawal referred to in point 3.7 must be written and addressed as follows: submit any explicit declaration of the decision to withdraw from the purchase contract (“Declaration of Withdrawal”) containing the order number received by email automatically generated by e-commerce site https://www.hexar.it at the time of purchase, by email to the following address: firstname.lastname@example.org.
The notice of withdrawal will be deemed to have been made on the day of shipment by email with read confirmation. In case of exercise of the right to reconsider and cancel the order, if the product has already been delivered, it must be returned to Z.A.D. s.as. Via Gorizia 17, Senigallia (AN) 60019 within 14 days following the communication of withdrawal, intact and with the original packaging in the terms and in the manner that will be communicated by Hexar Srl, and at the customer’s expense, even in the event that the product to be returned cannot be sent by post due to its size and / or weight. If the customer has paid in advance, he will be promptly and free of charge refunded, within 14 days from the date on which Hexar Srl will be aware of the customer’s withdrawal, on condition that he has received the returned products or in any case has received from the customer proof of their return shipment. The refund will be made by Hexar Srl exclusively in cash, by bank transfer to the coordinates that the customer has previously communicated, in compliance with the terms of the law and in any case without further additional costs for the customer.
3.8 – In caso di esecuzione parziale dell’ordine, il Cliente non potrà rifiutare o ritardare il pagamento dei prodotti / servizi consegnati.
- PRICES AND TERMS OF PAYMENT
4.1 – The prices set for the Products or Services are those in force and published on the e-commerce site https://www.hexar.it at the time of Acceptance. Prices may be subject to modifications and / or variations and the price indicated in the communication of acceptance of the order by Hexar Srl will be considered final.
4.2 – The prices (unless otherwise agreed in writing between the parties) will be intended in the currency indicated on the Site and will remain in force until unilateral change published by Hexar Srl on the e-commerce site https://www.hexar.it.
4.3 – Unless otherwise specified, the prices indicated must be understood net of transport or shipping costs in the agreed place for delivery within the Territory and net of VAT and any other tax or duty (if applicable), which will be indicated alongside to the prices and must be added to the amount due as will result from the communication of acceptance of the order by Hexar Srl
4.4 – The payment methods accepted by the e-commerce site https://www.hexar.it are the following: – online credit card (the main credit cards accepted are indicated on the site), bank transfer, PayPal, Amazon Pay. With online credit card payment, Hexar Srl reserves the right to deliver the goods only after having administratively verified the successful outcome of the payment. At no time during the online purchase procedure, Hexar Srl is able to know the information relating to the buyer’s credit card, as it is transmitted by a secure connection directly to the website of the bank that manages the transaction.
4.5 – Upon delivery of the goods or having verified the successful payment by credit card online, the system will automatically generate the relevant invoice which will be sent by e-mail to the customer. If the payment of any sum on the due date is revoked or the financial transaction fails, Hexar Srl will be able to declare all the invoiced sums not yet paid immediately and payable, to which any expenses incurred by Hexar Srl will be added. in relation to the recovery of overdue amounts. Hexar Srl also reserves the right not to sell to customers who are found to have outstanding and / or ongoing protests.
4.6 – No type of compensation and / or reduction or discount of the prices established and confirmed in the acceptance of the order is allowed, not even in the case of any faults and / or defects in the product that must be asserted according to the methods and times referred to to the section relating to “Complaints” referred to below (see point 9).
4.7 – Without prejudice to the conditions in clauses 4.1, 4.2 and 4.3, the prices of the products sold through the hexar.it platform are those communicated during the telephone contact with Hexar Srl and are inclusive of VAT and delivery.
- DELIVERY, TRANSPORT AND RISK
5.1 – The delivery terms indicated on the Site, in any communication of acknowledgment and acceptance of the order must be understood as merely indicative and not binding or essential. In any case, they will start from the conclusion of the contract and the exact payment of the price. Hexar Srl therefore it cannot be held responsible for any delays or for the inability to respect the dates and times indicated. Each single order or delivery will be considered autonomous and independent from any other order or delivery.
5.2 – Delivery will be made to a valid address indicated by the customer and which must be subject to acceptance by Hexar Srl It is the customer’s responsibility to verify the Delivery Address indicated in the acknowledgment and acceptance communications that will be sent Hexar Srl and to communicate, without delay, any errors or omissions, subject to the right to charge the customer for any additional cost due to changes made to the Delivery Address after the customer has placed an order.
5.3 – The shipments of the purchased products, unless otherwise agreed, will be made free port, by means of carriers defined by Hexar Srl and the transport costs will be charged to the customer on the invoice. At the time of delivery, it is the customer’s responsibility to verify the integrity of the packages and the qualitative and quantitative correspondence of the ordered goods, with the obligation of immediate reporting on the accompanying document of any defects or deficiencies with respect to the order, under penalty of forfeiture from any warranty rights. Hexar Srl, from the moment of delivery of the goods ordered to the customer, is exempt from any liability for damage or loss, not recognizing any compensation for direct or indirect damages deriving from delayed or non-delivery of the products and responding in any case within the limits of the insurance coverage. .
5.4 – Any shipping errors, found by the customer after delivery, must be reported in writing to Hexar Srl no later than 7 (seven) days from delivery, under penalty of forfeiture. The return of the goods, in cases of defects or faults, can only be made with the authorization of Hexar Srl and assignment of a “return number” which will be communicated in writing.
5.5 – Apart from the cases of defect or defect or error in the ordered products, referred to in these General Conditions of Sale, the customer will have no right to refuse the ordered goods, as a whole or even partially for incomplete delivery and must proceed payment in full despite the fact that the delivery has not taken place or is incomplete, for facts not attributable to Hexar Srl, without prejudice in any case to the right to lodge a complaint in the manner indicated below (see point 9 below).
5.6 – When the delivery of the Products is split, each batch of Products must be considered as referable to a separate and distinct contract; any defect found in one or more batches will not legitimize the customer to terminate the entire contract or even to cancel the orders relating to each subsequent batch.
- WITHDRAWAL AND RESOLUTION
6.1 – In the event of an unsuccessful credit card transaction, the customer is entitled to forfeit any terms agreed for the payment of the products and the relative credit is considered immediately liquid and payable, without prejudice to the right of Hexar Srl to consider the contract terminated by law pursuant to art. 1456 of the Italian Civil Code without any particular formality that the written communication by registered mail or certified e-mail email@example.com.
- PRODUCT WARRANTY AND LIMITATIONS OF LIABILITY
7.1 – The “hardware” products, purchased on the site https://www.hexar.it, generally enjoy the duration of the warranty of 12 (twelve) months from the date resulting from the fiscally relevant document proving the purchase; if the buyer is a natural person who, in contracts for the sale of consumer goods and other equivalent goods, acts for purposes unrelated to any entrepreneurial or professional activity carried out, the duration of 24 months will be applied in compliance with the European directive 2011/83 / EU and Consumer Code (Legislative Decree 206/2005) which, for the protection of consumers, regulates the sales contract for products marketed for non-professional use.
7.2 – The “software” products purchased on the site https://www.hexar.it are subject to the guarantee and / or license of use of the respective manufacturer.
7.3- Hexar Srl is not considered responsible for any damage or loss due to: a) a faulty installation of the Products; b) to use the Products with other units that are defective, incompatible or installed in a faulty way; c) negligence and / or improper use, or in any way contrary to the manufacturer’s specifications or instructions, by the end customer.
7.4 – Similarly, the buyer loses the warranty if: a) subjects the products to electrical voltages that do not comply with the characteristics of the product and / or the instructions for use provided by the manufacturer; b) install other components that are not certified or original or otherwise differ from those provided at the time of purchase and / or do not comply with the Manufacturer’s specifications; c) uses non-original accessories and / or consumables; d) tamper with the product and / or remove or tamper with the warranty seal.
7.5 – Hexar Srl does not guarantee that the products chosen by the buyer and supplied to him based on the order received are suitable for the specific needs of the user’s business. In no case Hexar Srl is liable to the buyer or third parties for the consequences deriving from the use of the product, for any direct or indirect damage, for accidents to persons or damage to things other than the product, for losses for lost profit or for lost earnings. In the event of compensation due by Hexar Srl, this cannot exceed the total value of the product purchased.
7.6 – In the event of a guaranteed product, which is flawed and / or damaged, if it is impossible to replace it due to insufficient stocks or in the event of non-delivery, Hexar Srl undertakes to: a) – remedy such insufficiency or non-delivery, within a reasonably prompt period; b) – replace or repair the product on condition that it is returned with its original packaging and that the cost for the repair does not exceed the price of the product itself; c) – return the price paid for each product that has proved to be damaged or defective and its repair is too expensive.
7.7 – Hexar Srl is not liable in any way for any disservice related to failure to access the e-commerce site https://www.hexar.it for reasons attributable to the Providers who manage them. Likewise, Hexar Srl excludes any liability for any loss of personal data of the customer and / or relating to orders placed online by the registered customer if attributable to causes of disservice and / or failures relating to the activity of the Providers of the e-commerce site https://www.hexar.it, Hexar Srl also excludes any responsibility for any errors in the transmission of electronic data relating to online payment or in the case of delays or incorrect or distorted data transmissions, as well as in the case of disturbances or interruptions in online payment services that depend on causes attributable to the service manager of online payment.
- CLAIMS FOR DEFECTS
8.1 – Any claim for defects or faults in the products and / or services purchased through the e-commerce site https://www.hexar.it must be sent in writing to this address: firstname.lastname@example.org
8.2 – The report must be timely or made no later than 8 days from discovery, under penalty of forfeiture of the guarantee referred to in point 8 above.
8.3 – Any disputes relating to invoices issued by Hexar Srl must be communicated in writing to the latter at the following address email@example.com within 10 days of receipt of the invoice; failing that, the invoices are considered accepted without reservation.
8.4 – In no case can the claim for defects or faults in the product and / or on the invoices justify the delayed or missed payment.
- PROMOTIONAL DISCOUNT CODES
9.1 – Occasionally Hexar Srl may offer its customers promotional discount codes on various products, proposed and disseminated through e-mail communications, printed paper or through dedicated web pages published on the site https://www.hexar.it. Unless expressly limited, these discount codes may be used by Hexar Srl customers recipients, in compliance with the following conditions.
9.2 – Each discount code will have a limited duration in time;
9.3 – The discount applied may be of a percentage or absolute value at the discretion of ;
9.4 – The discount will be calculated on the value of the product or products purchased, excluding VAT;
9.5 – Each discount code can be used on a single purchase of one or more products, but cannot be reused other times by the same user; furthermore, promotional vouchers cannot be refunded in cash.
9.6 – It is forbidden to enter discount codes in the system that are not from Hexar Srl, as indicated in point 9.1 above; any codes reproduced externally and / or created independently, which will not be recognized by the Hexar Srl site system, will not give rise to any advantage or discount.
9.7 – Any disputes relating to the validity and / or application of discount codes issued by Hexar Srl must be communicated in writing to the latter at the following address firstname.lastname@example.org within 10 days of purchase; failing that, the purchase and its price are understood to be accepted and finalized without any reservation.
9.8 – In no case can the claim concerning a discount code justify the delayed or non-payment of the product or products.
If you wish to contact us for any reason related to these conditions, you can do so through the contact section of the website https://www.hexar.it
- INFORMATION REGARDING THE PROCESSING OF PERSONAL DATA
11.2 – As for the security of the orders that will be placed by the customer: – our security software will protect the personal data of the customer registered on the e-commerce site https://www.hexar.it including the card numbers by means of encryption codes. credit or debit, name and address. This means that the data entered by the customer will be converted into codes that will be transmitted securely over the internet. – In the event of any unauthorized use of the customer’s credit or debit card, the latter must always notify the issuer of your credit or debit card in accordance with the reporting methods and procedures established by the latter.
- GENERAL DISPOSAL
13.1 – The customer may not assign, transfer, assign, or declare to assign, transfer, assign the rights recognized by these Conditions.
13.2 – Hexar Srl is exempt from any contractual and / or non-contractual liability in the event of any non-fulfillment, loss or damage suffered as a result of an online purchase on the site https: //www.hexar.it to the extent that such events were direct or indirect consequence of exaggerated circumstances from the control of Hexar Srl, including (but not limited to), force majeure, war event, riots, riots, actions by state authorities, explosion, fire, flood, hurricane, accident, strike, lockout, commercial dispute or agitation of workers, failure of the factory or machinery, interruption in the supply of energy or materials.
13.3 – The customer acknowledges that these Conditions replace and cancel any previous contract, agreement or verbal or written, explicit or implicit agreement. These Conditions prevail over any other term or condition contained or reported elsewhere or implied in trade, custom or commercial usage.
- APPLICABLE LAW AND JURISDICTION
14.1 – The validity and execution of these Conditions will be governed by Italian law and any dispute relating to the interpretation or execution of these Conditions will be devolved to the exclusive jurisdiction of the court of the customer’s place of residence. The place of conclusion of the purchase contract made through our e-commerce site https: //www.hexar.it means the place where Hexar Srl has its registered office.
14.2 – The language of these Conditions is English; the language that will be used in the event of disputes will be Italian.