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Terms of sale

Published in Legal Area 3498 Views.

The following conditions govern distance contracts entered into between Helmstock SRL VAT N° 02619540467 with headquarter in Via di Sottopoggio 12 A, Capannori 55060, Lucca, ITALY and the CUSTOMERS. As provided below, by accessing the website www.helmstock.com.

The following conditions applies to all the purchases carried out through the site www.helmstock.com. Completing the checkout procedure, the CUSTOMER declase to accept and actually accepts, these general conditions of sale:

Contract defintion

“Online sales contract” means a distance purchase and sale contract related to movable goods and/or services supplied by Helmstock SRL VAT N° 02619540467 having its headquarter in Via di Sottopoggio 12 A, Capannori 55060, Lucca, ITALY hereinafter “SUPPLIER”, stipulated between these and the consumer hereinafter “CUSTOMER”.

By CUSTOMER is meant the person who has the status of consumer, or means the natural person who, in relation to the above contracts, purchase goods and services for the purpose of final consumption and not directly related to the professional activity that may be carried out by the same.

The contracts concluded with the SUPPLIER through the website www.helmstock.com are governed by Italian law in particular by the Legislative Decree 6 September 2005 n. 206 “Codice del Consumo” and by the Legislative Decree 9 April 2003 n. 70, hereinafter “E-commerce Decree”

2. Product information

Information relating to the products sold by the SUPPLIER is available with the relative SKU, on the website www.helmstock.com.

3. Prices


Prices are inclusive of all taxes and duties except for import customs costs which depend on the country of purchase and are borne by the customer. All prices are shown in euros. US dollar, Australian dollar, United Arab Emirates Dirham.

4. Purchase methods

The CUSTOMER through accessing the website corresponding to the address www.helmstock.com, following the procedures indicated can perfection the order of the chosen products. The purchase contract will be considered completed only after the exact completion of the purchase form on the site by the CUSTOMER and indication of the consent to purchased expressed by the consumer through the adhesion indicated “online”, the SUPPLIER will have given its consent by e-mail communication of acceptance.
The SUPPLIER will promptly notify the CUSTOMER if the product should, for any reason , be unavailable or have undergone price changes for reasons attributable to its suppliers, proposing to the CUSTOMER the cancellation of the order with restitution of the amount eventually paid, or the replacement of the good with other equivalent.

5.Payment methods

The SUPPLIER accepts payments made by the following methods:

- Immediate payment with credit card with Stripe. 
- Credit card with Braintree, Paypal or Paypal account.
- Prepayment through bank transfer.

In case of payments by credit card, credit card through Paypal system or Paypal account all the economic data will be entirely managed by Paypal Inc.
In case of payments by credit card with Stripe all the economic data will be entirely managed by Stripe Inc.
In case of payment by bank transfer, the data to make the payment will be shown during the purchase procedure and will be sent with the order confirmation e-mail.


6. Customer obligations

By clicking the“place order” button the CUSTOMER automatically declares and guarantees:

1. to be a consumer pursuant to art.31 of Codice del Consumo and, therefore, to make the purchase for purposes unrelated to any commercial or professional activity that may be carried out.
2.to be legal age according to the italian legislation on the matter.
3. to have read and printed these general conditions of online purchase and to be fully aware of their content, which they accepted before concluding the purchase, as this step is made mandatory before the purchase confirmation, in order to satisfy in full the conditions set out in the Codice del Consumo for distance selling.

7. Liability

The SUPPLIER does not assume any responsibility for disservices due to force majeure of any nature and kind, if it is unable to execute the contract within the agreed time.
The SUPPLIER will also not be liable for damages, losses and costs incurred as a result of the non- execution of the contract for any reason, having the CUSTOMER entitled only to the full refund of the price paid.In particular, in the event that the delivery cannot be made due to unavailability of the CUSTOMER, the sam will be entitled to a refund of the price of the product less the delivery costs applied to the SUPPLIER by the carrier.
The SUPPLIER assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards, checks and other means of payment, when paying for the products purchased.

8. Goods delivery

Once the purchase has been confirmed and the related payment has been made, the SUPPLIER will deliver what you requested, by express courier or other postal service, to the address that you have indicated on the order form. The normal processing times are five working days and are to be considered valid after the actual receipt of the payment. These days indicated are needed to receive the goods in our warehouse so delivery times are excluded. The SUPPLIER will not in any case be responsible for any delays and / or non deliveries due to unforeseeable circumstances or force majeure and therefore will have the right - in this case - to suspend or defer the execution of order. In any case, the processing times indicated are not exhaustive, but indicate - exclusively - the period of time on average necessary to process the products. The evasion is considered carried out at the production site with the return of the goods to the carrier.
The days indicated are needed to receive the goods in our warehouse so the times it takes for the courier to make the delivery are excluded.
For the delivery of the goods, the presence of the customer or his representative is required at the address of the recipient indicated in the order. Upon delivery of the goods by the courier, the CUSTOMER is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the package is undamaged or unaltered. Any damage to the package and / or the products or the mismatch in the number of packages must be immediately contested by writing on the delivery proof “goods unchecked” and immediately specify the externally visible damage on the bill. Once the courier’s document has been signed, the customer will not be able to make any objection regarding the external characteristics of the package delivered.

9. Right of withdrawal

Pursuant to articles 64 and following of Consumer Code (Legislative Decree no. 235/05), the consumer who for any reason is not satisfied with the purchase, has the right to withdraw from the contract stipulated, within the term of 14 calendar days starting from the day of the delivery of the goods, for the services from the day of the conclusion of the “online” contract, without any penalty and without specifying the reason. This option cannot be invoked by commercial entrepreneurs.
The withdrawal must be manifested by sending, within the aforementioned period of 14 calendar days, an email to [email protected] indicating the order number, products and the relative quantities to be returned and the reason.
Within the aforementioned period of 14 calendar days, all goods purchased undamaged and in their original packaging, complete with all the essential parts of the product, as well as any manuals must be returned by the consumer to the sender-supplier, without any lack.
The return costs will be borne by the CUSTOMER himself, while in default, the withdrawal will become ineffective. Without prejudice to the fulfillment of the above, the SUPPLIER will refund the entire amount paid by the consumer within 14 calendar days from the date on which he became aware of the exercise of the right of withdrawal by the consumer.
Clarifications and conditions for exercising the right of withdrawal:
    •    the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g. accessories, attached software, etc…);
    •    the right does not apply to sealed audiovisual products, IT software and telephony (including those attache to hardware), once opened;
    •    the good purchased must be undamaged and returned in its original packaging, complete in all its parts (including any documentation and accessory equipment: manuals , cables, etc…);
    •    by law, the shipping costs in case of exercise of the right of withdrawal are charged to the customer;
    •    the shipment, until receipt of the goods in our warehouse, is under the complete responsibility of the customer;
    •    n case of damage to the goods during transport, the SUPPLIER will notify the customer of the incident (within the working day following receipt of the goods, to allow him to promptly file a complaint against the courier chosen by him and obtain a refund of the asset (if insured); in this case, the product will be returned, with shipping costs charged to the CUSTOMER, simultaneously with the cancellation of the withdrawal request; the SUPPLIER is not liable in any way for damage or theft/loss of goods returned by uninsured shipments;
    •    upon arrival at the SUPPLIER’s warehouse, the product will be examined to assess any damage and / or tampering not caused by the transport. If the goods, despite being intact, show the original packaging damaged, the SUPPLIER will withhold a minimum percentage of 20% from the refund due, as a contribution to the costs of restoring the goods.
    •    if the goods are no longer intact and / or devoid of the original packaging, the manuals and everything in it, the SUPPLIER may refuse to refund the amount paid by the customer.
Without prejudice to any restoration costs for damages ascertained to the original packaging, the SUPPLIER will refund the customer the amount paid for the item only, except for the shipping costs incurred by the customer for the exercise of the right of withdrawal, within 14 calendar days from the date which he became aware of the exercise of the right of withdrawal by the consumer. we will make the refund following the original payment method. In case of payment by bank transfer, the customer will promptly provide the bank details on which to obtain the transfer (Code ABI - CAB - Current Account of the holder of the BIC / SWIFT invoice).

The right of withdrawal is lost for lack of the essential integrity of the property, in cases where the SUPPLIER ascertains: a) the lack of the original packaging; b) the absence of integral parts of the product (accessories, cables, manuals, parts, etc…); c) damage to the product for reasons other than its transport; d) the lapse of the terms for exercising the right of withdrawal. In such cases, the SUPPLIER will return the purchased good to the sender, charging the shipping costs to him.

 

10. Privacy policy

The use of the personal data provided by the customer on www.helmstock.com website will be carried out by Helmstock SRL VAT N° 02619540467 with headquarter in Via di Sottopoggio 12 A, Capannori 55060, Lucca, ITALY, in compliance of privacy regulations in force pursuant to art. 13 following of Legislative Decree 196/93.


The data provided by users will be processed and used only for the sales service, site management and order fulfillment, therefore ensuring that they are not communicated or disclosed to third parties for purposes unrelated to the sale


We also inform you that users, according to current legislation, enjoy the following rights:

    1.    The interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet registered, and their communication in an intelligible form.
    2.    The interested party has the right to obtain the indication:
        a.the origin of personal data;
        b. the purposes and methods of treatment;
        c. the logic applied in case of treatment carried out with the aid of electronic instruments;
        d. the identity of the owner, manager and the representative appointed pursuant to art. 5, paragraph 2;
        e. of the subjects or categories of subjects to whom personal data may become aware of them as appointed representative in the territory of the State, managers or agents.    
    3.    The interested party has the right to obtain
        f. updating, rectification or, when interested, integration of data:
        g.the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
        h.the attestation that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case where this fulfillment proves impossible o involves the use of means manifestly disproportionate to the protected right.
    4.    The interested party has the right to object, in whole or in part:
        i. for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
        h. to the processing of personal data concerning him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
        
ART. 4 PARAGRAPH 1, LETTER A) - D.LGS. 196/2003 Treatment: any operation or complex of operations, carried out even without the aid of electronic instruments, concerning the collection, registration, organization, conservation, consultation, processing, modification, selection, l extraction, comparison, use, interconnection, blocking, communication, dissemination, cancellation and destruction of data, even if not recorded in a database.


11. Termination of contract

The SUPPLIER reserves the right to terminate the stipulated contract by simply communicating it to the customer, who - in this case- will be entitled only to the refund of any sum already paid The obligations assumed by the customer, as well as the guarantee of successful payment, are essentials, so that - by express agreement - even the simple non fulfilment of only one of these obligations by the customer will determine the ipso iure termination of the contract pursuant to art.1456 of the Italian Civil Code, without prejudice to the right of the SUPPLIER to take legal action for compensation for further damage. If both parties accept the termination of the contract, a refund can be requested by simply sending the email to [email protected] indicating the data to issue bank transfer to the holder of the order.

In case of payments by credit card with Stripe all the economic data will be entirely managed by Stripe Inc.
In case of payments by credit card, credit card through the Paypal system or Paypal account all the economic data will be entirely managed by Paypal Inc.

12. Applicable law and jurisdiction


These general conditions are governed by and must be interpreted in accordance with italian laws.
For disputes arising from the interpretation validity and / or executions of these General Conditions, the mandatory territorial jurisdiction will be that of the Genoa forum.

13. Contacts

For further information please contact us to the e-mail address:[email protected]