1.1 The Supplier warrants that the products sold are free from defects which render them unfit for their intended use or appreciably diminish their value.
All products offered for sale by the Supplier are guaranteed by law.
1.2 If within two years from the delivery of the goods a defect of conformity of the same is manifested, the consumer Customer (as defined in art. 3 of the Consumer Code - D.Lgs. 206/05) can enforce the legal warranty by denouncing the defect within a period of 2 months from the date of discovery of the defect. The consumer is required to prove and specify the time when he discovered the defect.
With the complaint the Customer can request an alternative to the Supplier:
- the restoration of the conformity of the good through its replacement;
- a reasonable reduction of the price or the termination of the contract if the replacement is impossible or excessively expensive.
Beyond the term of two years from the date of delivery of the product, the Supplier will not be responsible for the conformity defects found by the consumer Customer.
Please refer, in any case, for the regulation of the legal warranty to Articles. 128 ss of the Consumer Code.
1.3 The non-consumer Customer (as defined in art. 3 of the Consumer Code - D.Lgs. 206/05) has the right to make use of the legal guarantee provided for in the Civil Code, forfeiting the right to the guarantee if he does not report the defects to the Supplier within eight days of discovery. The Customer is required to prove and specify the time when he discovered the defect. The legal guarantee for non-consumer Customer is valid for a maximum period of 12 months from the delivery of the product. Beyond this period the Supplier will not be held responsible for conformity defects found by the customer.
1.4 In any case, the complaint must be made in writing, addressed to the Supplier and must contain a detailed description of the nature and extent of the defect and/or defect complained of, the product identification label and a copy of the transport document or invoice.
The communication without the above mentioned characteristics and contents will not be considered as a valid complaint and will not be suitable to avoid the commencement of the above mentioned terms of forfeiture.
1.5 The Customer shall keep the delivered goods at the Supplier's disposal in order to allow the necessary verifications.
The Supplier, having ascertained the validity of the complaint, will have to replace, where possible, the non-conforming or resulting defective products with products of the same quantity and quality as those covered by the sales contract. In this case the Supplier may require the return of the defective products at the Customer's expense.
The Supplier will not be held responsible for any further damage and/or loss present or future suffered by the Customer and will be liable only within the limits of the value of the goods supplied and ascertained as defective.
1.6 The warranty does not apply if the Customer does not give proof of having correctly used and stored the products object of dispute.
2. Right of withdrawal of the consumer
2.1 Only the Consumer Customer (as defined in art. 3 of the Consumer Code - Legislative Decree 206/05) may withdraw from the sale for any reason, without explanation and without penalty in accordance with the procedures and timing provided for in Articles 64 and 65 of the Consumer Code.
In particular, the Customer must send the Supplier a written notice by registered letter with return receipt within 14 working days of receipt of the product. The communication can be anticipated by email to firstname.lastname@example.org or at the address email@example.com.
The communication of withdrawal must specify the willingness to withdraw from the purchase and the product or products for which you intend to exercise the right of withdrawal, attaching a copy of the relevant invoice.
2.2 The Customer who exercises the right of withdrawal has the right to return the entire amount of the purchase including shipping costs. The Supplier will reimburse the Customer within 30 days of receipt of the withdrawal notice after having evaluated the integrity of the returned products.
2.3 The Customer is obliged to return the goods to the Supplier within 14 days from the date of withdrawal by sending the products to the following addresses: HELO4 R.D.S., Via di Casal Bertone, 185 - 00159, Rome (RM).
2.4 The right of withdrawal is in any case subject to the following conditions:
- the right applies to individual products purchased in their entirety;
- the purchased product must be intact and returned in its original packaging, complete in all its parts (including packaging and accessory documentation);
- shipping costs related to the return of the product are charged to the customer;
- the shipment is under the complete responsibility of the Customer.
Any communication may be addressed to the Supplier at the following addresses:
Via di Casal Bertone 185
00159 Roma (RM)
Phone: +39 0697613215, +39 3755572708
4. Applicable Law and Jurisdiction
These General Conditions of Sale are governed by Italian law and will be interpreted in accordance with it. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating to and/or resulting from them shall be settled exclusively by the Italian courts.
In particular, if the Customer qualifies as a consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same according to applicable law or, at the choice of the consumer in case of action taken by the consumer, by the Court of Rome.
If the Customer acts instead in the exercise of his business, commercial, artisan or professional activity, the parties by mutual consent establish the exclusive jurisdiction of the Court of Rome.