Welcome to hiro.design. Users are invited to carefully read the following general conditions as they contain important information for the correct use of the platform.
They form a binding contract between users and the platform operator.
The following definitions can be used indifferently in the singular or in the plural. Terms denoting one gender include the other gender.
"Account" set of data that allow the User, following registration, to use the tools and functions integrated into the Platform.
"Buyer" "User" or "Customer" the person who purchases one or more Design Objects through the Portal.
"Designer" the person who created the project relating to the Products offered for sale on the Portal;
"Hiro", "Manager" or "Company" the company Hiro Srl registered office in Via dell'Artigianato 6/8, 37030 Badia Calavena (VR) - VAT/Tax Code: IT04470670235 - REA VR423099 - Share capital 50,000 Eur € - owner and manager of the site.
"Design object", "Good" or "Product" furniture and design objects published in the electronic catalogs found on the Platform.
“Party” or “Parties” The Company and the Purchaser jointly or severally.
"Purchase price" the consideration that the Purchaser pays to the Manager for each Product purchased.
“Payment Service Provider” or “Provider” a third party company that provides online payment services.
"Rating" Evaluation system that allows Buyers to assign a score to the Designer commensurate with the level of approval of the Goods purchased.
"Services" the use of the Platform and the features described in the Contract.
“Site”, “Platform” or “Portal” the website www.hiro.design
“Visitor” the person who accesses and browses the Site without creating an Account or making a purchase.
a) The Website www.hiro.design consists of a marketplace that facilitates the meeting between supply and demand for Design Objects, allowing Customers to purchase the Products advertised on the Platform.
b) The software systems used to operate the Portal will forward the purchase orders to the Manager at the request of the Customers.
c) Acceptance of the Contract electronically will result in the conclusion of an effective distance sale of movable property between the Manager and the Purchaser.
d) The premises form an integral part of this contract. The terms indicated in the singular may also include the plural; terms denoting one gender may include the other gender.
1.1 These General Conditions govern the use of the Site and the distance selling of the Products published therein. The Company provides customers with a digital platform that allows them to search, select and purchase design objects electronically.
1.2 The Purchaser may:
a) search and select the Design Objects that it intends to purchase, adding them to the virtual cartel;
b) proceed to checkout, pay for the Product in the manner described in the Contract by completing the purchase order.
c) register a personal account and view the history of purchases made on the Portal.
1.3 A section dedicated to frequently asked questions has been published on the Portal to help Buyers find their way around the use of the Platform and Services.
2. ACCESSING AND USING THE SITE
2.1 Simple access to the Site by the Visitor is free and does not require the obligation to register. By creating an Account, the User confirms that he is 18 years of age and that he has read and understood this Agreement, by placing a check mark in the appropriate box and pressing the virtual acceptance button.
2.2 During registration, the following personal data will be requested: name, surname, e-mail address, VAT number, if any. The aforementioned communication is necessary for contractual purposes and must contain truthful, correct and updated data. Before completing the registration, the User must choose an authentication username and password that respects some minimum security criteria required by the Company. The password is strictly personal and non-transferable. In the event of theft or loss, it will be the Customer's responsibility to modify it or promptly request its deactivation from the Company.
3. PURCHASE OF GOODS AND METHOD OF PAYMENT
3.1 The Platform allows the Purchaser to access a virtual catalog of Products and select those he intends to purchase.
3.2 The Customer has the right to customize the search for Design Objects by setting a series of search parameters. These criteria make it possible to identify the Products on the basis of the selected characteristics, including, but not limited to, the type and price range.
3.3 Once the Good has been selected, the Customer will be able to view the product sheet with the characteristics of the Good.
3.4 Registering for an Account is not necessary to complete the purchase of the Goods, the Customer being able to purchase as a simple Visitor. Nonetheless, registering for an Account will allow the Purchaser, especially in the case of recurring purchases, to complete transactions more quickly, keep the receipt address separate from the shipping address, save personal data and the delivery address avoiding the reinsertion of the same at each new operation.
3.5 If the Customer already has an Account, he can log in and confirm his wish to proceed with the purchase using the virtual confirmation key. The Customer will be redirected to the payment page where he can complete the order by proceeding directly with the payment. Before the transaction is completed and the payment made, it will always be possible to modify the data entered.
3.6 The purchase will take place electronically by selecting the acceptance box of the General Conditions and pressing the virtual payment button with which the Customer will confirm the desire to conclude a purchase contract with the Manager. When the Seller receives the order and after verifying the successful outcome of the payment, the latter will send the Buyer a confirmation message via e-mail containing the order summary and will instruct the shipper to deliver the ordered Goods. The Customer may view the history of purchases made on the Portal at any time.
3.7 The User agrees to conclude the Contract only after having read and fully understood these General Conditions. Both during the purchase and registration phase, the Customer will be responsible for communicating truthful, updated and correct personal data. The User may print or in any case save these General Conditions on a durable medium, pursuant to art. 12, Legislative Decree 9 April 2003, n. 70. The General Conditions of purchase will be filed by the Manager on the platform server and will be available at any time through the appropriate link on the home page.
3.8 The Purchaser will have various payment systems available, including Paypal, credit card, bank transfer. If the User decides to pay the fee by credit card, he authorizes the Manager to debit or request authorization to debit the payment card used. Payments made through the Site are managed by "UniCredit Banca", by the customer's bank via the "MyBank" service or by PayPal Europe, depending on the payment methods selected.
3.9 The use of the indicated payment systems could involve the registration of an account with the external suppliers who manage the payment services. Creating an account implies acceptance of their terms of service. The User is aware and accepts that by purchasing a Product he will have to communicate his payment details to the external supplier who manages the payment services. The Manager does not access payment data.
3.10 Customers will have the opportunity to issue an evaluation by assigning a score to the purchased Product. The comments and opinions released by the Purchaser will be public and visible to any Visitor. The score is assigned on the sidelines of a short questionnaire, to which the Customer will be free to answer or not. The Customer undertakes to release comments free of offensive, inappropriate, vulgar or defamatory content. The Manager reserves the right, at its discretion or upon notification, to evaluate the judgments issued and their compliance with this paragraph, the law or morality, reserving the right to remove all those judgments that distort competition, are clearly false or in any case inappropriate, including any self-assessments.
4. DELIVERY, DUTIES TO CHECK, REPORTING DEFECTS AND RETURNS
4.1 The Company will arrange, by courier or postal service, to ship the purchased Products to the address indicated in the order form. The estimated delivery date will be indicated during the conclusion of the Contract and confirmed in the order summary e-mail. The delivery date and costs may vary according to the place and type of delivery and the characteristics of the Products.
4.2 Delivery costs are charged to the Customer. The purchase receipt or commercial invoice will be anticipated by e-mail, which can be downloaded from your reserved area on the website and subsequently delivered by post or courier.
4.3 Upon delivery, the Purchaser is required to verify the conformity of the Product with respect to the order placed. Any damage to the packaging or anomalies must be reported at the time of delivery by adding the wording "accepted with reserve" on the transport document and providing a brief description of the reason for this reserve. In the event of the Purchaser's absence during the Product delivery phase, a notice will be left with the information necessary to contact the carrier with whom to arrange a second delivery. It is understood that, in the event of non-delivery due to the Buyer's absence, it will be the latter's responsibility to make the necessary contact with the shipper or postal service to agree on the delivery time or collection at the warehouse where the Goods will be placed in stock. Failure to request a new delivery by the Purchaser will result in the termination of this Contract, with the Customer entitled to receive a refund of the amount paid, without prejudice to the costs of storage, return and any other cost incurred by the Seller due to the failure delivery due to absence or refusal to receive the Goods by the Customer.
5. RIGHT OF WITHDRAWAL, REFUND AND RETURN OF PRODUCTS
5.1 The Purchaser is made aware of the fact that, in accordance with the provisions of art. 52 and following of Legislative Decree no. 206/2005 and subsequent amendments (hereinafter also "Consumer Code" ), he will have the right to withdraw from the purchase, without any penalty and without specifying the reason, within 14 (fourteen) days from when he comes into possession of the Product , or in the case of the purchase of several Products at the same time, from the day on which the last Product purchased is acquired. The right of withdrawal can be exercised by sending a specific communication by registered letter with return receipt or by e-mail to the following address: email@example.com. In the event that the User uses simple e-mail, for the communication to be considered successful, the Manager must confirm receipt. The User may use the attached model withdrawal form which can be downloaded at this link .
5.2 In case of withdrawal, the Purchaser must return the Goods intact, with the original packaging, and indicate in the request the name of the Product that was purchased. The Buyer will be responsible for any diminished value of the Goods resulting from handling the Goods other than what is necessary to establish their nature, characteristics and functioning. The direct costs of return will be borne by the customer. If the Customer requests it, the Manager will appoint its own courier to proceed with the collection at the Customer's home. Following the withdrawal, all payments that the Buyer has made to Hiro will be refunded, using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise. The refund may be suspended until receipt of the Goods or until the Buyer demonstrates that he has returned the Goods, whichever is earlier. The return of the Goods must in any case take place no later than 14 (fourteen) days from the date of communication of the withdrawal to the following address: Hiro Srl, Via dell'artigianato 6/8, 37030 Badia Calavena, VR
5.3 The right of withdrawal is excluded for the supply of made-to-measure or clearly personalized Goods and will apply to the purchase of Goods whose cost is less than or equal to Euro 50 (fifty/00). The Purchaser will in any case be notified before concluding the order in the event that a given purchase does not provide for the right of withdrawal. The Purchaser will maintain the possibility of exercising the right of withdrawal in the case of multiple Goods purchased at the same time, if the amount of the total consideration that the Customer will have to pay, regardless of the amount of the individual Goods, exceeds the sum of 50 euros.
5.4 The right of withdrawal is expressly excluded if the Purchaser does not qualify as a consumer pursuant to the Consumer Code.
6. LEGAL WARRANTY
6.1 The Purchaser who qualifies as a consumer pursuant to Legislative Decree 6 September 2005, n. 206 and subsequent amendments or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, can take advantage of the 2-year legal guarantee on the Products for lack of conformity, starting from the delivery date. Any lack of conformity must be reported no later than 2 months after their discovery.
6.2 The Customer who does not qualify as a consumer pursuant to Legislative Decree 6 September 2005, n. 206 and subsequent amendments or of Directive 2011/83/EU, must report any defects in the Product no later than 8 days after delivery. The action lapses, in any case, one year after delivery.
6.3 The Purchaser undertakes to ship the goods in their original packaging, complete with all accessories, the delivery document and a detailed description of the defects. The shipping costs will be borne by the Company, which may agree with the Purchaser to collect the product from the domicile or residence of the latter. As soon as it has received the Product, the Company will take delivery of the defective Product to verify whether or not the malfunction depends on a lack of conformity.
6.4 Only in the event that the malfunction or non-compliance of the Goods with the use declared by the Company does not depend on a lack of conformity, Hiro may ask the Purchaser for a refund for the shipping costs and the verification cost, in any case not exceeding at 50 euros.
6.5 The request to make use of the guarantee must be sent in writing by e-mail using the e-mail address: firstname.lastname@example.org or registered letter with return receipt, to the following address: Hiro Srl, Via dell'artigianato 6/8, 37030 Badia Calavena, vr
In the event that the User uses simple e-mail, for the communication to be considered successful, the Manager must confirm receipt.
6.6 Defects due to ordinary and normal wear and tear of the Good are excluded from the guarantee, as well as defects or damage caused by inadequate or incorrect use of the Product and in any case attributable to external circumstances beyond the control of the Manager. Likewise, the warranty does not cover components subjected to wear and tear.
6.7 The Design Objects sold on the Marketplace are made in small series through a combination of industrial, artisanal and semi-artisanal production methods. Any small imperfections are not to be considered defects but characteristics that make each Product unique and authentic.
7. LIMITATION OF LIABILITY AND DISCLAIMER OF ADDITIONAL WARRANTIES
7.1 Without prejudice to the provisions of mandatory law, Hiro expressly excludes any liability for delays or non-delivery of the Goods due to causes not directly attributable to it, such as force majeure, unforeseeable circumstances and facts attributable to the Customer or to third parties. Without prejudice to the liability envisaged in the event of a Product defect, the Company declines to the maximum extent permitted by law any liability for damage to property or persons caused by use of the Products not in compliance with the instructions and warnings provided by the Manager.
7.2 The Company cannot guarantee the uninterrupted operation of the Platform or the absence of malfunctions of any kind, nor that it will be able to correct all defects or malfunctions that may occur during its use. However, while we cannot guarantee the absence of software defects or malfunctions that could cause delays, interruptions, suspensions of the Services, the Company will use every reasonable effort to intervene without undue delay in order to restore the full functionality of the Platform. In particular, access to the Site and the Services may be temporarily interrupted for maintenance. In the event of scheduled maintenance, the Company undertakes to publish a notice directly on the Site indicating the intervention time slot.
7.3 The Site may contain back links and hypertext links to third-party websites. The Client is aware of and assumes all risk deriving from the use of links which could redirect him to external sites over which the Manager has no control. The latter declines any responsibility regarding the accuracy and type of content on these websites.
8. CHANGES TO THE TERMS AND CONDITIONS OF THE PLATFORM
The Manager reserves the right to make changes to the General Conditions at any time for technical or commercial reasons. Any changes will be communicated through the publication of a notice on the home page of the Site and will not affect orders that have already been concluded but will only apply to subsequent transactions. It is the precise duty of the Customer, regardless of receipt of said communication, to regularly check the date of the last update indicated at the bottom of the Contract. Once the communication has been made in the manner indicated above, the Customer will be required to comply with the new General Conditions or, if he does not intend to accept the changes, to immediately abandon the use of the Site. The Customer will still have the possibility to view the previous versions of the General Conditions which will be made available upon request.
9. OWNERSHIP OF THE CONTENT
All content made available by the Company through the Site, including trademarks, instinctive signs, expressions, texts, domain names, software systems used in relation to the Site and the Services are the exclusive property of the Manager and any assignors. Unless otherwise established by mandatory provisions of law, it is forbidden to modify, alter, distribute, disseminate and copy the contents that the Company makes available on the Site without its authorisation. Any unauthorized use is to be considered a serious violation of the laws protecting the Manager's copyright and intellectual property rights and will be prosecuted according to the law.
10.1 The Manager may send communications of a technical nature relating to the functioning of the Site, including messages, communications, announcements, notifications regarding the latest news on the Services.
10.2 Users may contact the Company to request information or to report any technical problems with orders or the functioning of the Platform by sending a communication to the following e-mail address: email@example.com.
11. APPLICABLE LAW AND JURISDICTION
11.1 This Agreement is governed by Italian law with the exclusion of the Vienna Convention on the international sale of movable property. For any dispute relating to this Contract, the Court of Verona will have exclusive jurisdiction.
11.2 If the Purchaser qualifies as a consumer pursuant to the Consumer Code, he may decide to act in the court of his residence.
11.3 In compliance with the EU Regulation of the European Parliament and of the Council No. 524/2013 we report the link to the European online dispute resolution platform: ec.europa.eu/consumers/odr/