GENERAL CONDITIONS OF SALE
Of the website “www.hypeclothinga.com”
1.1 The general sales conditions published therein govern the sales contract (hereinafter, for the sake of brevity, the “contract”) to the users of the site (hereinafter, for the sake of brevity, the “Purchasers” or the “Purchaser”), through electronic means, of the goods (later, for the sake of brevity, the “Bene” or the “Goods”) displayed on the Internet Site www.hypeclothinga.com (hereinafter, for the sake of brevity, the “Site”), managed by HYPE CLOTHINGA SRLS based in Morlupo ( Rome), via Giuseppe di Vittorio 27 – 00067, P.IVA 15119891008.
1.2 The General Sales Conditions published on the Site must be viewed and known by the Buyer before purchasing an asset and by sending the purchase order the Buyer declares to have examined and accepted them.
1.3 The Buyers will also benefit from the protections provided in the event of the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”), as well as all the other mandatory protections provided, in favor of the Buyers, by the Consumer Code itself http://www.codicedelconsumo.it/.
1.4 The Sections “Shipping and Delivery”, “Return and Exchange”, “Payment” on the Site must be considered an integral and substantial part of these General Terms and Conditions of Sale.
2 . Conclusion of the contract
2.1 To proceed with the purchase of the Goods, the Buyer must send his purchase order and make the payment, following the procedures indicated in the dedicated sections.
2.2 In particular, the steps to proceed with the purchase are the following:
the Buyer may freely access the Site and view the essential characteristics of the Goods exposed, including the price, as well as the images published in order to illustrate the Goods themselves;
the Buyer may select one or more Goods that he intends to purchase, placing them in a virtual “cart”. The contents of the cart can always be viewed by the Buyer before forwarding the order; furthermore, by accessing the cart, the Buyer will be able to know, before purchasing and payment, any information relating to the purchase of the Goods, including shipping costs and expected delivery times;
to make the purchase, the Buyer will have to register on the Site, communicating his email address, password of his choice (which will allow him access to the same Site), tax code and mobile number in order to proceed with electronic invoicing and registration customer;
in order to complete the order, the Buyer, in the “cart” section, must also enter the shipping address and the data required for payment;
the Buyer may modify the selected Goods and the data entered until the final order is forwarded, which must be done by selecting the “Payment” button.
2.3 The Buyer can pay by credit card, bank transfer, cash on delivery. More in-depth information on the methods of payment are available in the “Payment” section of the Website.
2.4 Upon receipt of the purchase order, HYPE CLOTHINGA SRLS will send to the Buyer’s email address a receipt confirming the order containing a summary of the information relating to the purchase and proceeding to fulfill the order. The order will be considered, in any case, accepted and, consequently, the Contract will be considered concluded when the Buyer receives the confirmation of the order in his e-mail account.
2.5 The contract will be filed in pdf and will be sent via the aforementioned e-mail and filed via e-mail to HYPE CLOTHINGA SRLS.
3 Rights and obligations between the parties
3.1 HYPE CLOTHINGA SRLS will deliver the Goods to the address indicated by the Buyer in the purchase order, through a specially appointed carrier. More in-depth information on times, costs and places of shipment are available in the “Shipping and Delivery” section of the Site.
3.2 HYPE CLOTHINGA SRLS assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness in the purchase order being filled out by the Purchaser or to any damage that may have occurred to the Goods after delivery to the carrier as well as to any delays in delivery dependent on the same carrier or weather conditions, international customs issues or other circumstances beyond the control of HYPE CLOTHINGA SRLS.
3.3 In the event that one or more Goods are not available, HYPE CLOTHINGA SRLS will notify the Customer by sending an e-mail to the e-mail address indicated when registering on the Site. In this case, HYPE CLOTHINGA SRLS will reimburse the Client
and, by crediting the payment card or the account of the Purchaser himself indicated for the purchase, the price and, if the purchase concerned only the Good not available, the shipping costs. If there is the Buyer’s consent, HYPE CLOTHINGA SRLS may send a different Good than the one ordered, of equivalent value.
3.4 In the event that the designers decide to make changes during production and / or not to produce one or more products, as well as in the case where there is a variation or the product in pre-order is not delivered by the designer, HYPE CLOTHINGA SRLS will contact the customer to request express approval and proceed with the shipment or cancel the order and make the refund.
3.5 In any case, the unavailability of one or more ordered Goods cannot constitute a cause for cancellation of the entire order by the Buyer.
3.6 Upon delivery of the Goods by the carrier in charge of the relative transport, the Buyer must verify in the presence of the carrier:
that the packaging used for transport is intact, not damaged or altered, even only in the closing materials;
that the quantity and type of goods ordered corresponds to what is indicated in the transport document and to what was ordered.
3.7 If the Purchaser finds any anomalies or discrepancies he must immediately notify the carrier upon delivery of the Goods.
3.8 The Buyer is solely responsible for the truthfulness and correctness of the information and data provided to HYPE CLOTHINGA SRLS and undertakes to promptly communicate any changes to the data previously communicated.
4 Conformity of assets
4.1 HYPE CLOTHINGA SRLS undertakes to ensure that the description and / or photographic representation of the Goods on the Site is as faithful as possible to the Goods themselves.
However, given the fact that the quality of the images may depend on the IT tools used by the Buyer, it is possible that the perception by the Buyer himself of the description or photographic representation of the Goods does not correspond exactly to the Good itself, so the images and the videos accompanying the presentation of the Goods must be considered published on the Site merely for descriptive purposes.
4.2 In the event that the Good delivered is ascertained as defective or different from the one ordered, HYPE CLOTHINGA SRLS undertakes to provide the Customer with a legal guarantee of conformity, to be exercised on the terms and conditions set forth in Articles 128 et seq. of Legislative Decree No. 206/2005. In particular, the Buyer will have the right to request, alternatively:
the delivery of an Asset identical to the one ordered compatibly with the availability of stock, or
the delivery of a good of quality and equivalent price compatible with stock availability, or
Reimbursement of the price of the goods and shipping costs.
4.3 The warranty provided in this article will apply only if the Goods have been handled with due diligence and in accordance with their intended use, as well as upon presentation by the Buyer of the delivery note received and the number indicated order.
4.4 In any case, the warranty referred to in this article will not apply with respect to defects deriving from the normal wear and tear of the Property.
5.1 In accordance with the provisions of the Consumer Code, the Buyer has the right to withdraw from the Contract, without paying penalties and without having to specify the reasons, starting from the receipt of the order confirmation sent by HYPE CLOTHINGA SRLS and by fourteen working days from the receipt of the Good,with the exception of all the Limited Edition articles.
5.2 If the Buyer intends to make use of this right of withdrawal (except for all limited edition items), within the aforementioned deadline of 14 working days from the date of delivery of the Good, the Buyer shall send to HYPE CLOTHINGA SRLS a specific communication.
5.3 In the event of the right of withdrawal being exercised, the Buyer will also be required to return the Property to HYPE CLOTHINGA SRLS no later than two weeks from the dispatch of the aforementioned communication.
5.4 The customer may return one or more items from the clothing, footwear and accessories department to hypeclothinga.com with the exception of limited edition products. After the return of the goods, you can change the product / size or receive a refund of the amount excluding shipping costs.
5.5 An essential condition for exercising the right of withdrawal will be the substantial integrity of the product to be returned. It is however sufficient that the Property is returned in normal condition, as it is guarded and possibly handled with the use of normal diligence.
5.6 In particular, the goods must be returned:
properly packaged in their original packaging, in perfect condition for resale (not damaged, damaged or soiled) and fitted with any accessories and documentation;
provided with the transport document (present in the original packaging), in order to allow HYPE CLOTHINGA SRLS to identify the Buyer (Order number, name, surname and address);
without manifest signs of use, if not those compatible with the performance of a normal article test. That is, they must not bear any trace of prolonged use (over a few minutes) exceeding the time required for a test and must not be in a state that does not allow resale.
5.7 The costs of returning the Property will be charged to the Buyer, according to what is better specified in the “Return and Exchange” section of the Site.
5.8 Following the exercise by the Purchaser of the right of withdrawal in accordance with these General Terms and Conditions of Sale, HYPE CLOTHINGA SRLS will reimburse the Customer the sums paid by him, by crediting the payment card or current account indicated for the purchase. The reimbursement will take place within 14 days from the date on which Antonioli became aware of the exercise of the right of withdrawal by the Buyer.
5.9 In the event of failure by the Buyer to comply with the conditions referred to in art. 5.5 and 5.6, the Seller reserves the right to deduct from the reimbursement of the amounts paid by the Buyer an amount corresponding to the decrease in value of the returned Goods, by giving appropriate notice to the Buyer.
Following this communication, the possibility remains for the Buyer to regain, at his own expense, the products in the state in which they were returned to the Seller.
5.10 The right of withdrawal, in any case, cannot be applied with reference to the following Goods:
custom or used goods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
Electronic, computerized, cosmetic and perfume goods sealed and opened by the Buyer.
6. Protection of personal data
6.1 HYPE CLOTHINGA SRLS undertakes to respect the confidentiality of personal data collected at the time of registration on the Site and / or those communicated at the time of purchase by the Purchaser and to treat them in compliance with the provisions of Legislative Decree 196/03.
6.2 In this regard, please refer to the detailed information contained in the “Privacy” section.
7.1 HYPE CLOTHINGA SRLS reserves the right to modify these General Terms and Conditions of Sale at any time.
7.2 The General Terms and Conditions of Sale applicable to the sale of each Property will be those published on the Website on the date of the order relating to the Property. Therefore, the Buyer must view and accept these General Terms and Conditions of Sale before proceeding with any purchase.
7.3 Should any provision of these General Terms and Conditions of Sale be considered void or invalid, these General Terms and Conditions of Sale shall remain valid and produce effects in the remaining part.
7.4 The mere tolerance or non-contestation by HYPE CLOTHINGA SRLS of any default by the Purchaser with respect to what is contained in the General Sales Conditions cannot be interpreted as a tacit acceptance of such defaults, nor as a will to derogate from what was agreed between the set off.
8.1 For any communication and / or request for assistance and / or complaint relating to the Goods purchased, the Buyer may contact HYPE CLOTHINGA SRLS at the addresses indicated in the “Contacts” section of the Website.
9. Applicable law and dispute resolution
9.1 These General Terms and Conditions of Sale are governed by Italian law and, therefore, will be interpreted and executed in accordance with it.
Pre order acceptance summary window
The products purchased on this site are sold directly by HYPE CLOTHINGA SRLS – with headquarters in Morlupo (Rome), Via Giuseppe di Vittorio 27 – 00067, VAT number: 15119891008 (later, for brevity, “HYPE CLOTHINGA”). For more information, visit the Legal Area. You can find information about orders and shipments, refunds and return of products purchased on this site also in the “Shipping and Delivery” and “Return and Change” sections of the Site. Remember that, even after your purchase, you can always contact HYPE CLOTHINGA through the following “Contacts”.
You have the right to withdraw from the contract concluded with HYPE CLOTHINGA, without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on this site. To cancel the contract you must send an e-mail to [email protected] to request an authorization number. The written request must contain the order number, the code of the item to be returned and the reason for the return: refund, change in size or color. Once the written request has been received, [email protected] will send a written confirmation with an authorization number. You must write this authorization number on the return form attached to each item and on the outside of the box.
The Right of Withdrawal is understood to be exercised correctly if the following conditions are also fully met:
The Return Form and the security seal must still be intact and attached to the returned items. They must not be removed or cut in any way.
The items must not have been worn, washed or altered in any way and must not show any sign of use. The soles of the shoes must be in perfect condition and must not be marked in any way.
Items must be returned with all original labels, packaging and other accessories (bags, hangers, clothes bag etc.) received with the order .; is. returned products must be delivered to the shipper within fourteen (14) days from when you notified HYPE CLOTHINGA of your decision to withdraw from the contract.
Any customs charges are always charged to the customer.
SELL A PRODUCT TO HYPE CLOTHINGA SRLS
On the site hypeclothinga.com you can sell your products by filling out the form with a brief description of the product and a photo. The product must necessarily be new and not in “used” condition. Once you have filled out the form with the brief description and the photo, it will automatically arrive in the hypeclothinga.com database, and will analyze the request for you within the next 24 hours, and will send the quote directly to the customer’s e-mail by that date.
If the quote received from hypeclothinga.com meets the customer’s expectations, he can send it directly to:
HYPE CLOTHINGA SRLS
Via Giuseppe di Vittorio 27
Morlupo (Rome) cap 00067
Once the product has been received at HYPE CLOTHINGA SRLS headquarters, the product will be subjected to scrupulous checks to verify its integrity and authenticity. If the product reflects the description and appears to be new and authentic, HYPE CLOTHINGA SRLS will, within 2 days, pay the price agreed previously to the “seller” by bank transfer, which must be with the same name as the applicant. If the item does not reflect the pre-established fees, HYPE CLOTHINGA SRLS will contact the “seller” by sending a communication of the negative result of the product check and reserves the right to return the item back with the cost of returning the “seller” (10 euro for national shipping).
Access to the Site and related services is intended solely for personal use unrelated to any commercial, entrepreneurial and professional activity.
Intellectual and industrial property
The Site and its contents (by way of example but not limited to: works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, menus, web pages, the graphics, colors, layouts, tools, fonts and design of the website), as well as the trademarks and distinctive signs used by HYPE CLOTHINGA in relation to the sale of goods, are protected by the rules on intellectual property rights and industrial. Consequently, any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the Site, of the trademarks and distinctive signs used by HYPE CLOTHINGA which is not expressly authorized by Universal or by other possible rights holders.
The brands and distinctive signs on the Site that distinguish the products sold on www.hypeclothinga.com are the property of their respective owners and are used within the Site for the sole purpose of distinguishing, describing and advertising the goods for sale.
The user is solely responsible for the use of the Site and its contents, as well as the sole responsible for the custody and correct use of his personal information, including the credentials that allow access to the Site and any harmful consequences or prejudice that derives from the incorrect use, loss or theft of this information.
Save the liability for willful misconduct and gross negligence, HYPE CLOTHINGA does not assume any responsibility for the use of the Site and its contents not in compliance with the laws in force by the User, nor for the communication of incorrect and false information and data. relating to third parties, without their having given their consent.
HYPE CLOTHINGA assumes no responsibility for malfunctions of the Site or for damages caused to the User by the use of the Site, which are not causally attributable to the same HYPE CLOTHINGA.
HYPE CLOTHINGA publishes information on its website in order to provide a service to users, but disclaims any responsibility for any technical inaccuracies and / or typographical errors. If reported, HYPE CLOTHINGA will immediately make corrections.
HYPE CLOTHINGA offers no guarantee that the information published on its website complies with the laws of the competent jurisdiction for the user.
The website is a protected site according to the international standards of the Internet, therefore the user’s device will not be affected by viruses during navigation if this happens correctly. However, HYPE CLOTHINGA declines all responsibility for any problems, damages, viruses or risks that the user may incur during the improper use of the website and declines all responsibility for any anomalies in the functioning of the website due to the deactivation of “cookies” in the user’s browser.
Users must accept the terms and conditions of this legal notice, and must periodically visit these pages for any updates, changes and corrections.
HYPE CLOTHINGA reserves the right to make corrections and changes to it.