Conditions of Sale

TERMS OF SALE

These general conditions of sale (hereinafter, the general conditions) have as their object the regulation of the purchase of products and services carried out remotely and made available, via the internet, from the site www.hodea.it (hereinafter, the site)

Premise

All purchases of products and services made through the site (hereinafter, the purchase contracts) by users who access it (hereinafter, the customers) are governed by the general conditions and other provisions and operating instructions contained on the site. In the event of a conflict between the provisions of the aforementioned provisions and operating instructions and the general conditions, the latter shall prevail.

Any transaction and/or payment condition granted to the customer in derogation of the general conditions will be valid only if the site has accepted said derogating condition in writing.

The provisions of these general conditions apply to all customers without distinction, except for those provisions expressly provided for their applicability only to consumer customers. A "consumer customer" is a natural person who purchases products or services offered on the site for purposes unrelated to any business or professional activity they may carry out. For the purposes of these general conditions, a customer who submits a purchase proposal for products or services and simultaneously enters their VAT number in the customer information area of the site is presumed not to be a "consumer customer." Articles 50 to 63 of Legislative Decree no. 206/2005 also apply to purchase contracts entered into by consumer customers.

The site may modify the content of the general conditions set forth in this document at any time and without notice. Any changes made will take effect from the date of publication on the site, as stated in the header of the general conditions.

 Purchase procedure

Customers may purchase products listed in the website's electronic catalog, detailed on the home page and within the respective product category sections, as described in the relevant information sheets on the website, by following the technical access procedures described therein. The publication of products and services displayed on the website constitutes an invitation to the customer to submit a contractual purchase proposal. An order submitted by the customer constitutes a contractual proposal and implies full knowledge and acceptance of these general terms and conditions.

The site will confirm receipt of the customer's proposal via an automatic response sent to the email address provided by the customer. The response will be generated automatically by the system and only confirms receipt of the proposal. This confirmation message will include the "order number" to be used in all subsequent communications with the site.

Each purchase agreement entered into between the site and the customer is deemed to be concluded upon acceptance of the order by the site, which reserves the right to accept or reject, at its sole discretion, the order submitted by the customer. The customer shall not be entitled to any claims or rights of any kind, including compensation, in the event of non-acceptance of the order. Acceptance by the site is deemed tacitly granted unless otherwise communicated to the customer within 48 hours of placing the order, via an email sent to the address provided by the customer.

By placing an order, using the various methods provided for by the site's operating instructions, the customer declares that he or she has read all the information provided during the purchase process and fully accepts the general terms and conditions and payment terms described below.

 Hodea product prices, delivery costs and product availability

All product prices are clearly indicated on the website and include VAT only. They do not include any additional taxes, duties, or charges imposed by applicable laws, such as those relating to imports. If applicable, the customer must therefore clear imports through customs and pay any duties and taxes (other than VAT) due in the country of importation.

The prices and availability of the products listed on the site are subject to change at any time and without notice. It is understood that, limited to orders currently being accepted or as accepted by the site above, the conditions of sale in force at the time the order is placed by the customer will apply.

The website highlights products available for shipping. Product availability is not updated in real time. Furthermore, given the potential simultaneous access of many users to the website, actual product availability may vary significantly from the information shown on the website during the same day. The website makes no commitment or guarantee of immediate delivery of purchased products indicated as available on the website. Therefore, the website cannot be held responsible for any delays in delivery.

If paying by bank transfer, the site reserves the purchased products for 2 days, within which time the customer must confirm payment via email or other means made available to communicate with customer service.

If the delivery time of the ordered product is delayed compared to the delivery times indicated on the website before the order, the website undertakes to promptly notify the customer via email to the address provided by the customer. Until the website ships the product, the customer has the right to cancel or modify the order.

The cost of each shipment, the amount of which may vary based on the delivery method and payment method, as well as the destination country and the total amount of the order, is added to the total price of each purchase and is clearly indicated and communicated to the customer through the website, before the purchase contract is concluded.

The visual representation of the products on the site, where available, normally corresponds to the photographic image of the products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment, on the part of the site, regarding the exact correspondence of the image depicted on the site with the actual product, and this, with particular regard to its actual dimensions and/or the chromatic aspects of the products.

 Product prices, delivery costs and availability of Partner products

All product prices are clearly indicated on the website and include VAT only. They do not include any additional taxes, duties, or charges imposed by applicable laws, such as those relating to imports. If applicable, the customer must therefore clear imports through customs and pay any duties and taxes (other than VAT) due in the country of importation.

The prices and availability of the products listed on the site are subject to change at any time and without notice. It is understood that, limited to orders currently being accepted or as accepted by the site above, the conditions of sale in force at the time the order is placed by the customer will apply.

Please note that for these products, as agreed between Hodea and each partner, the sale is concluded between the customer and the partner. Therefore, Hodea is only an intermediary for the transaction and shipping but assumes no responsibility for any defects in the merchandise. For any dispute regarding the purchase of a partner product, the customer can contact Hodea customer service for the partner's contact information and then refer the matter to them.

The website highlights products sold by Partners. Product availability is not updated in real time. Furthermore, given the potential simultaneous access of many users to the website, actual product availability may vary significantly from the information shown on the website during the same day. The website makes no commitment or guarantee of immediate delivery of purchased products indicated as available on the website. Therefore, the website cannot be held liable for any delays in delivery.

If paying by bank transfer, the site reserves the purchased products for 2 days, within which time the customer must confirm payment via email or other means made available to communicate with customer service.

If the delivery time of the ordered product is delayed compared to the delivery times indicated on the website before the order, the website undertakes to promptly notify the customer via email to the address provided by the customer. Until the website ships the product, the customer has the right to cancel or modify the order.

The cost of each shipment, the amount of which may vary based on the delivery method and payment method, as well as the destination country and the total amount of the order, is added to the total price of each purchase and is clearly indicated and communicated to the customer through the website, before the purchase contract is concluded.

The visual representation of the products on the site, where available, normally corresponds to the photographic image of the products themselves provided by the Partner and is intended solely for the purpose of presenting them for sale, without any guarantee or commitment regarding the exact correspondence of the image depicted on the site with the actual product, particularly with regard to its actual dimensions and/or the chromatic aspects of the products.

Quality control

All products are subject to careful quality control before shipment.

Products that fail quality control (because they have manufacturing defects) will not be shipped.

If a product is not shipped due to defects, the order will be cancelled and all amounts paid by the customer at the time of purchase will be immediately refunded.

The customer will be notified of the cancellation by customer service via one of the contact details provided during the order process.

Right of withdrawal

The right of withdrawal is regulated by law ( Articles 49 to 59 of the Consumer Code ) if the customer-consumer (i.e. a natural person who purchases the goods for purposes not related to his or her professional activity, or does not make the purchase by indicating a VAT number in the order form) has the right to withdraw from the purchase contract for any reason.

To exercise this right, the customer must send a communication to service@hodea.it within 14 working days of the date of delivery of the goods.

Alternatively, the customer can complete and send this form to service@hodea.it .

Please note: Customers purchasing with a VAT number cannot exercise the right of withdrawal.

The right of withdrawal will in any case be subject to the following conditions:

1. The purchased item must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment).
2. To limit damage to the original packaging, we recommend, when possible, placing it in a second box (in any case, avoid placing labels or adhesive tape directly on the original product packaging);
3. the shipment, until the certificate of receipt in our warehouse, will take place under the complete responsibility of the customer;
4. the shipping costs for returning the goods are borne by the customer-consumer;

The site is not responsible for damage or theft/loss of goods returned via uninsured shipments. Packages sent with cash on delivery or freight collect will not be accepted under any circumstances.

It is possible to request collection at your address using our courier at the cost of €7.99 These will be deducted from your refund. Each additional product will be charged an additional €1.50.

Return of goods :

The product must be returned to the website within 14 days of the date the consumer communicated their decision to withdraw from the contract, along with the authorization form received, excluding any repair costs for confirmed damage to the original packaging. The website will refund the customer the full amount paid for the product, including delivery costs (with the exception of additional costs resulting from choosing a delivery method other than the least expensive one offered by the website), via a refund using the same payment method used by the consumer. If the consumer prefers a different method, it is their responsibility to promptly declare their intention.

When the right of withdrawal lapses :

the right of withdrawal lapses entirely, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the site ascertains:

1. even partial use of the property;
2. the lack of the external packaging and/or the original internal packaging;
3. the absence of integral elements of the product;
4. damage to the product for reasons other than its transport

In the cases indicated above, the site will make the purchased item available to the sender for collection.

Under no circumstances may customers purchasing with a VAT number exercise the right of withdrawal.

Communications and complaints

All communications or any customer complaints regarding the site relating to purchase contracts must be addressed to the customer service responsible for managing the site through one of the methods made available.

Legal guarantee of conformity

All products sold are covered by the legal guarantee of conformity provided for in Articles 128 et seq. of the Consumer Code, which covers any defects in the purchased items existing at the time of delivery and appearing within two years of delivery. Any defects or damage resulting from accidental events or the Customer's liability for use of the products not in accordance with their intended purpose, or due to normal wear and tear, are excluded from the legal guarantee and, therefore, are not covered by the legal guarantee.
The Customer may ask the seller, at his discretion, to repair or replace the goods, free of charge in both cases, unless the requested remedy is impossible or imposes disproportionate costs on the seller.
The consumer customer has the right to a proportional price reduction or termination of the sales contract, pursuant to Article 135 bis, paragraph 4, of the Consumer Code, and, in particular, if: the seller has not repaired or replaced the goods within the terms and conditions set forth in the Consumer Code, or has refused to bring the goods into conformity; if the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract; if a lack of conformity occurs despite the seller's attempts to restore the goods to conformity; if the seller has declared (or it is clearly apparent from the circumstances) that it will not restore the goods to conformity within a reasonable period or without inconvenience.
The consumer customer does not have the right to terminate the contract if the lack of conformity is only minor.
To benefit from this guarantee, the customer must report the lack of conformity by sending a communication to the seller indicating the defects and faults found.
Unless proven otherwise, any lack of conformity which becomes apparent within one year of the goods being delivered shall be presumed to have already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.

Competent court

The purchase contract between the customer and CLADAN CALZATURE srl is deemed to have been concluded in Italy and is governed by Italian law. Any disputes will be subject to the exclusive jurisdiction of the courts of the consumer's place of residence or domicile, if located in Italy.

Furthermore, consumers located in Europe can use the platform made available by the European Commission for the resolution of any disputes arising from online contracts concluded on the site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr

Processing of personal data (privacy)

For information on the processing of personal data by the site, please refer to the dedicated area of the site.